Massillon City Zoning Code
TITLE SEVEN
Zoning Regulations
APPENDIX K Suggested Plant Materials
Evergreen Trees (Minimum five feet in height)
Juniper
Fir
Pine
Spruce
Douglas-Fir
Hemlock
Narrow Evergreens (Minimum three feet in height)
Column Hinoki Cypress
Blue Columnar Chinese Juniper
Pyramidal Red-Cedar
Swiss Stone Pine
Pyramidal White Pine
Irish Yew
Douglas Arbor-Vitae
Columnar Giant Arbor-Vitae
Tree-Like Shrubs (Minimum four feet in height)
Flowering Crab
Mountain Ash
Redbud
Hornbeam
Magnolia
Russian Olive
Dogwood
Rose of Sharon
Hawthorn
Large Deciduous Shrubs (Minimum six feet in height)
Honeysuckle Viburnum
Mock-Orange Forsythia
Lilac Ninebark
Cotoneaster Hazelnut
Euonymus Privet
Buckthorn Sumac
Large Deciduous Trees (Minimum eight feet in height)
Oak Hard Maple
Hackberry Birch
Planetree (Sycamore)
Ginkgo Beech
Sweet-Gum Honeylocust
Linden Hop Hornbeam
APPENDIX L ZONING MAP CHANGES
EDITOR'S NOTE: Listed below are all changes made to the Zoning Map of the City enacted by ordinance 82-1970, passed September 9, 1970.
Ord. No. Date Description
13-1971 3-15-71 Tract of land north the parallel to Hills and Dales road, N.E. from R-3 to B-1 and O-1.
21-1971 4-5-71 Part of Out Lot #288 from R-1 to O-1; Lot Nos. 2913, 2914, 10558 and 11293 from RM-1 to I-2.
23-1971 4-19-71 Tract of land fifty feet off of the east end of Lot #1760 from R-1 to P-1.
44-1971 4-5-71 Numerous lots from B-3 to O-1, from B-3 to R-3, from B-3 to RM-1, and from R-3 to RM-1.
69-1971 8-2-71 Part of Out Lot #57 from R-T to RM-1
87-1971 9-7-71 Lot No. 377 from RM-1 to O-1
98-1971 10-18-71 Lot No. 1577 from R-1 to P-1.
101-1971 9-7-71 Out Lot Nos. 389, 439, 440 and Lot No. 11178 from R-T to RM-1.
29-1972 5-15-72 Out Lot 221 and Lot 10258 from R-2 to B-1.
49-1972 7-10-72 Lot No. 10426 from R-1 to B-1; Part of Out Lot No. 332 from B-1 to B-3.
56-1972 8-7-72 Part of Out Lot 324 from R-1 to RM-1; part of Lot No. 11617 from R-1 to R-T.
57-1972 8-7-72 Part of Out Lot 406 and part of Out Lot 267 from R-3 to R-T.
83-1972 9-5-72 Lot Nos. 1463, 1465, 1466, 1467, 1468 and part of 1464 from B-1 to R-1 and RM-2.
93-1972 10-16-72 A .33 acre and a .96 acre tract of Out Lot # 163 from R-1 to B-3.
115-1972 11-20-72 Lots No. 6152 and 6153 from R-1 to B-1.
120-1972 11-6-72 Part of Lot Nos. 10032, 10034 and Lot No. 10033 from R-1 to B-1.
130-1972 11-20-72 Lot No. 3413 from R-1 to B-3.
5-1973 2-19-73 Part of Out Lot 245 from R-1 to B-1.
6-1973 2-19-73 Finefrock Industrial Park zoned I-1.
51-1973 6-4-73 Part of Out Lot 379 from R-1 to P-1; the north 130 feet of such tract from R-1 to O-1 and the remainder from R-1 to I-1.
97-1973 9-4-73 Lot Nos. 483, 484 and part of Lots 485 and 487 from R-1 to P-1.
102-1973 9-17-73 Lot No. 3387 from R-1 to B-1.
103-1973 10-1-73 Lot Nos. 1070 to 1080 from RM-1 to I-1.
121-1973 11-6-73 1.39 acre tract of Out Lot 379 from R-1 to O-1 and I-1.
126-1973 4-15-74 Lot Nos. 790 and 791 from R-1 to B-1.
136-1973 1-7-74 Lot Nos. 356, 357 and 358 from RM-1 to I-1; Lot Nos. 353, 354, 355, 359 to 363 from RM-1 to B-1.
33-1974 4-15-74 Lot Nos. 7850 and 7851 from RM-1 to B-1.
44-1974 5-20-74 Lot No. 12848 from R-1 to I-1.
45-1974 5-20-74 Lot No. 1460 from O-1 to R-1.
60-1974 8-5-74 Lot No. 10153 from RM-1 to B-3.
82-1974 8-5-74 Lot No. 11181 and a part of Out Lot 351 from R-3 to R-T.
142-1974 12-16-74 Parts of Lots 289, 290 and 293 from R-1 to B-3; the remaining portions of such Lots from R-1 to P-1.
26-1975 4-7-75 Part of Lot No. 1150 from P-1 to B-2; zoning certain tracts as B-2.
60-1975 9-8-75 Lot Nos. 1002 to 1007, 12064 to 12067 from RM-1 to B-2.
61-1975 9-8-75 Lot No. 3030 from R-1 to RM-1.
65-1975 9-8-75 Lot No. 9535 from R-1 to R-T.
66-1975 9-8-75 Part of Out Lot 95 from I-1 and R-1 to B-3.
72-1975 1-5-76 Lot Nos. 5300, 5302, 5303, 5304 and 5299 from R-1 to P-1.
95-1975 11-3-75 Part of Out Lot 84 from R-2 to B-1.
96-1975 11-3-75 Lot Nos. 1067 to 1080 from I-1 and RM-1 to RM-2.
106-1975 12-1-75 North 150 feet of Lot 1462 from O-1 to B-1; the remainder from R-1 to P-1.
115-1975 1-5-76 The westerly 407 feet of Out Lot 292 from R-1 to B-1.
10-1976 3-1-76 Lots 13914 to 13961 zoned R-1, Lots 13819 to 13828, 13833, 13845, 13846, 13858 to 13881 and 13844 to 13909 zoned R-2; Lots 13847 to 13854, 13856, 13857, 13882, 13883, 13910, 13911 zoned R-T; Lots 13829 to 13832, 13834, 13835 to 13844, 13912 zoned RM-1; Out Lots 519 and 520 zoned B-3.
11-1976 3-1-76 Lot No. 320 from RM-1 to P-1.
12-1976 3-1-76 Lot No. 9996 from B-3 to I-1.
13-1976 3-1-76 Lot No. 889 from R-1 to B-1.
24-1976 4-19-76 Out Lot Nos. 524 to 533, 535 and Lot Nos. 13962 to 13985 zoned R-1.
58-1976 6-7-76 Lot No. 3167 from R-1 to B-1.
59-1976 6-7-76 Lot No. 9435 from R-1 to B-1.
62-1976 6-7-76 Lot No. 12250 from R-3 to B-1.
70-1976 6-21-76 Lot No. 2326 from RM-1 to B-1.
79-1976 7-19-76 Lots Nos. 10932, 10933, 10934, 10935 and 10936 from R-2 to O-1.
81-1976 12-8-76 Lot No. 10253 from R-2 to P-1.
120-1976 11-1-76 The north fifty foot portion of Lot Nos. 512 and 513 from R-1 to P-1
132-1976 10-18-76 Lot No. 10077 from R-1 to RM-1.
133-1976 9-27-76 Lot No. 6890 from O-1 to RM-1.
134-1976 9-27-76 Part of Out Lot No. 83 from R-2 to RT.
135-1976 11-15-76 Part of Out Lot 168 from B-1 to RM-1.
156-1976 11-1-76 Lot No. 9577 part of Lot No. 9576 from R-1 to B-3.
157-1976 11-1-76 Part of Out Lot 120 from R-1 to O-1.
158-1976 11-1-76 Lot No. 13834 from RM-1 to O-1.
174-1976 12-6-76 Lot No. 1442 from R-1 to P-1.
175-1976 12-6-76 Part of Out Lot 493 from B-3 to I-1.
7-1977 3-5-77 Lot No. 1749 from R-1 to RT.
33-1977 4-4-77 Lot No. 1460 from RM-2 to O-1.
79-1977 7-18-77 Lot Nos. 13895 to 13897 from R-1 to RT.
80-1977 7-18-77 Lot No. 863 from R-1 to O-1.
81-1977 7-18-77 Part of Out Lot 362 from R-1 to O-1.
82-1977 12-19-77 Lot No. 3545 and 3546 from B-1 to I-1.
83-1977 7-18-77 Lot Nos. 9946 to 9948 and part of Lot No. 13597 from B-1 to I-1.
84-1977 7-18-77 Lot No. 12845 from R-1 to B-1.
99-1977 9-12-77 Part of Out Lot No. 344 from R-1 to RM-1.
100-1977 9-12-77 Lot No. 5301 from R-1 to P-1.
135-1977 11-7-77 Lot Nos. 10250 to 10252 and part of Out Lot No. 220 from R-2 to P-1.
136-1977 11-7-77 Lot No. 277 from R-1 and O-1 to B-1.
158-1977 12-19-77 Out Lot 288 from R-1 to I-1.
167-1977 12-5-77 Lot No. 10198 from R-2 to B-1.
128-1978 2-19-78 Part of Lot Nos. 7837 and 7838 from R-1 to RT.
129-1978 12-18-78 Lot No. 7334 from R-2 to B-1; Lot No. 7335 from R-2 to P-1.
58-1979 6-18-79 Part of Out Lot 91 from I-1 to R-2.
89-1979 2-19-80 Lot No. 10406 from RM-1 to B-1.
107-1979 10-1-79 Lot No. 2024 from RM-1 to B-1.
147-1979 11-19-79 Lot Nos. 6792, 6793, 9639 and 9640 from R-1 to O-1.
51-1980 5-19-80 Part of Out Lot No. 59 from R-1 to RT.
52-1980 5-19-80 Part of Out Lot 59 from R-1 to RT.
53-1980 5-19-80 Lot Nos. 4686 and 4687 from R-1 to RT.
82-1980 7-14-80 Lot No. 2105 from R-1 to RT.
83-1980 7-14-80 Lot Nos. 10419 to 10422 from B-1 to RM-1.
116-1980 9-2-80 Lot Nos. 14125 to 14127 from RM-1 to B-2.
160-1980 12-15-80 Out Lot No. 175 from R-2 to RT.
161-1980 1-5-81 Lot No. 495 from R-1 to P-1.
183-1980 2-2-81 Out Lot 89 from R-2 to O-1.
40-1981 5-4-81 Lot Nos. 6988 and 6989 from R-1 to B-1.
100-1981 10-19-81 Lot Nos. 2040 to 2045 and 14224 from RM-1 to O-1.
64-1982 8-16-82 Out Lot No. 217 and Lot Nos. 10233 and 11279 from R-2 to RM-1.
69-1983 6-6-83 Out Lot Nos. 536 to 547, 549 and 550 zoned I-1; Out Lots Nos. 548 and 551 zoned R-1.
157-1983 12-19-83 Lot Nos. 9667 and 9669 from RM-1 to O-1.
166-1983 1-3-84 Lot No. 10215 from R-2 to B-1.
29-1984 3-19-84 Out Lot Nos. 552 to 556 zoned R-3.
139-1984 11-19-84 Lot No. 10425 from R-1 to B-1.
160-1984 12-17-84 Lot No. 14227 from RM-1 to O-1.
161-1984 12-17-84 Out Lot Nos. 560 to 563, 565, 566, 569 and 570 zoned I-1; Out Lot Nos. 564, 567 and 568 zoned R-1; Out Lot Nos. 557, 558 and 559 zoned R-2.
171-1984 1-7-85 Lot Nos. 6990, 6991, 6992, 6993 and 7008 from R-1 to B-1.
172-1984 1-7-85 Lot No. 5884 from RM-1 to B-1.
184-1984 1-21-85 Out Lot No. 571 and Lot Nos. 14329 to 14372 zoned R-3; Out Lot Nos. 572 and 574 zoned B-3; Out Lot No. 573 zoned O-1
185-1984 1-21-85 Part of Out Lot No. 84 from R-2 to B-3.
11-1985 3-11-85 Out Lot No. 573 from O-1 to B-3.
12-1985 3-4-85 Lot No. 825 from R-1 to R-T.
41-1985 4-15-85 Lot No. 2016 from R-1 to O-1.
57-1985 5-20-85 Lot Nos. 14380 through 14383 zoned R-2; Out Lot No. 575 zoned R-MH.
111-1985 9-3-85 Lot Nos. 10175, 10176 and 10177 and part of Out Lot No. 169 from R-2 to O-1.
112-1985 8-5-85 Lot No. 12898 and part of Lot No. 12899 from R-T to RM-1.
113-1985 8-5-85 Out Lot Nos. 576 and 577 zoned I-1; Lot No. 10364 and Out Lot Nos. 289 and 290 from I-2 to I-1.
149-1985 10-7-85 Out Lot Nos. 578 through 581 zoned I-2.
172-1985 12-2-85 Out Lot No. 582 zoned I-2.
27-1986 4-7-86 Out Lot No. 583
103-1986 6-16-86 Out Lots Nos. 584, 585 and 586 zoned R-3; all the lots in Springhill Settlement Units 1, 2 and 3 zoned R-PUD; all the lots in Ledgewood Commons, PUD and Lots Nos. 14531 and 14532 zoned RM-1 Family.
117-1986 9-8-86 Lot No. 4691 and the northwest corner of Lot No. 4692 zoned O-1 Office.
136-1986 10-20-86 Out Lot No. 60 on the north side of Oak Ave. zoned O-1 Office.
163-1986 12-1-86 Part of Out Lot No. 288 zoned I-1 Light Industrial.
215-1986 1-19-87 Out Lot No. 588 zoned I-2 General Industrial.
216-1986 1-19-87 Out Lot No. 587 zoned I-2 General Industrial.
14-1987 3-2-87 Out Lot No. 589 zoned A-1 Agricultural.
15-1987 3-2-87 Out Lot Nos. 590 to 592 and Lot Nos. 14542 to 14553 inclusive zoned R-3 Single Family Residential.
30-1987 4-6-87 Out Lot No. 10003 zoned RM-1 Multiple Family District.
79-1987 7-16-87 Lot Nos. 483 and 484 and part of Lot Nos. 485, 487 and 13697 zoned B-1 Local Business.
100-1987 9-8-87 Part of Lot 9544 zoned P-1 Vehicular Parking.
19-1988 3-21-88 Lot No. 509 located at the southeast corner of 9th St. and Federal Ave. from R-1 to P-1.
49-1988 4-18-88 Lot Nos. 3788, 3789, and 101 feet off the north end of Lot Nos. 12454, 3841 and 3842 and located on the west side of 24th St. south of Gorrell School from R-1 to R-T.
57-1988 5-2-88 Lot Nos. 14597 and 14598, totalling 7.4 acres and located on the east side of Ledgewood Blvd., south of Tennyson Ave. zoned R-PUD.
109-88 8-15-88 Lot No. 488 located at 704 Lincoln Way East from B-1 Local Business to B-3 General Business.
62-89 6-20-89 1732 Carlene S. W. from B-1 Local Business to O-1 Office.
95-89 5-1-89 Lot No. 14615 zoned I-1 Light Industrial instead of Perry Township.
146-1989 9-5-89 Lot No. 14290 through and including Lot No. 14321 from R-2 Single Family Residential to R-T Two Family Residential.
147-1989 9-5-89 407 Lincoln Way East from R-1 Single-Family Residential to P-1 Vehicular Parking.
158-1989 10-2-89 69.6944 acres recently annexed as Virginia Holding Corp. zoned I-1 Light Industrial.
182-1989 11-6-89 Approximately 60 acres recently annexed as the Benson Farms property zoned R-3 Single-Family Residential.
194-1989 12-19-89 835 Lincoln Way West on the south side of the street from R-1 Single Family Residential to R-T Two Family Residential.
52-1990 5-7-90 Lot Nos. 9393, 9394, 9395, 9396 and 9397 from R-1 Single-Family to I-2 General Industrial.
81-1990 6-18-90 410 and 422 Wellman Ave, S.E. from R-1 Single Family Residential to P-1 Vehicular Parking.
82-1990 6-18-90 721 Lincoln Way East from O-1 Office to B-1 Local Business.
123-1990 8-6-90 Lot Nos. 1483 and 1484 located on the north side of Wallace Ave. from R-1 Single-Family to B-1 Local Business.
124-1990 8-6-90 1637 Tremount Ave. S.W. from B-1 Local Business to B-3 General Business.
170-1990 11-19-90 A 2.0 acre parcel located between Tennyson Ave. N.E. and Caryle St. from R-3 Single Family to RM-1 Multiple Family Residential.
175-1990 11-19-90 5.999 acres being known as part of Out Lot 84 located on the north side of Chevy Rd. from B-3 General Business to RM-1 Mutlitple Family Residential.
51-1991 5-21-91 Lot No. 14697, Out Lots 606, 609 and 610 zoned RM-1; Lot Nos. 14695, 14696, 14698, 14699 and Out Lots 607 and 612 zoned R-2; Lots 608 and Out Lot 611 zoned B-3.
52-1991 5-6-91 Lot Nos. 1032 to 1036, part of Lot Nos. 1022, 1030, 1031 and 1037 zoned O-1 Office.
80-1991 7-1-91 Lot No. 3147 and part of Lot 3149 zoned RM-1 Multiple-Family.
161-1991 11-18-91 Out Lot Nos. 613, 614, 615 and Lot No. 14706 zoned R-2 Single Family Residential.
5-1992 2-18-92 Out Lot Nos. 617 to 619, 624 to 627, 631 to 637 zoned A-1 Agricultural; Out Lot Nos. 620 to 623 zoned R-2 Single Family Residential; Out Lot Nos. 628 to 630 zoned R-3 Single Family Residential; Out Lot 622 zoned R-T Two Family Residential; Out Lot 633 zoned O-1 Office.
9-1992 4-9-92 Lot Nos. 14714 through 14735 located within the Amberwood Allotment zoned R-4 Single Family Residential.
20-1992 3-16-92 Out Lot Nos. 562 and 563 and part of Lot No. 561 from I-1 Light Industrial to R-2 Single Family Residential.
37-1992 4-6-92 Out Lot No. 585, a 4.07 acre parcel located at 2110 Carlyle Ave. N.E. zoned A-1 Agricultural.
95-1992 7-6-92 Out Lot No. 648 and 651 zoned A-1 Agricultural; Out Lot No. 647 zoned R-T Two Family Residential; Out Lot No. 644 zoned R-3 Single Family Residential; Out Lot Nos. 639 to 643, 645, 646, 649 and 650 zoned R-4 One Family Residential.
167-1992 9-8-92 A tract of land from R-3 Single-Family Residential to B-3 General Business District as approved in settlement of a law suit against the City.
170-1992 11-2-92 Lot No. 9998 and part of Out Lot No. 152, a 0.29 acre tract located at 1330 Erie Street South from B-3 General Business to I-1 Light Industrial.
171-1992 11-2-92 Lot No. 325 located at 248 Erie St. from O-1 Office to B-1 Local Business.
63-1993 6-21-93 Out Lot 656 located on the north side of Earl Road between Orville St., and Carmont zoned I-1 Light Industrial.
64-1993 6-7-93 A 13 acre parcel known as Out Lot No. 564 located on the south side of Nave Road zoned O-1 Office.
128-1993 9-7-93 Part of Out Lot No. 243 located at 2825 Lincoln Way zoned RM-1 Multiple Family Residential.
154-1993 11-1-93 Out Lots 14898 to 14963 and 682 to 694 I-L Light Industrial; Out Lots 14897 and 14904 and 665 to 681 and 695 to 699 and 701 zoned I-2 General Industrial.
185-1993 1-3-94 1762 16th St. zoned O-1 Office.
218-1993 1-18-93 Out Lot Nos. 684, 685 and 686 zoned R-3; Lot Nos. 14948 and 14949 zoned RM-1; Out Lot No. 687 zoned O-1; Out Lot 688 zoned R-3.
225-1993 3-7-93 Out Lot No. 686, located on the south side of Hills and Dales Road, N.E. zoned O-1 Office.
12-1994 3-21-94 Out Lot Nos. 660, 661, 662, 663, 664, 676 and Lot Nos. 14893, 14894, 14895, 14896, 14897, 14898 and 14965 zoned R-3 Single Family Residential.
31-1994 4-4-94 Lot Nos. 6108, 6109, 6110, 6111, 6112, 6113 and 6114 located on the south side of Lincoln Way East between 20th and 21st St., zoned R-1 Single Family.
32-1994 4-4-94 Lot No. 798 located on the south side of Orchard Ave., zoned B-1 Local Business.
72-1994 6-6-94 A 4.8 acre parcel proposed for the residential development at the Legends Golf Course zoned RM-1, Multiple Family Residential.
118-1994 8-1-94 Lot No. 8672 located on the south side of Lincoln Way, N.W., between 26th and 27th St., from R-1 to B-1.
119-1994 7-18-94 Out Lot Nos. 689, 690 and 691, located on the south side of Nave Road S.E. zoned I-1 Light Industrial; Out Lot No. 692 zoned R-1 Single Family Residential.
171-1994 9-19-94 Out Lot Nos. 558, 559, 561 and parts of Out Lots 562 and 563 located on the north side of Nave Road S.E. from R-2 to R-3.
235-1994 1-3-95 Lot Nos. 13970 and 13971 located at 2299 17th Street S.W. from R-1 to O-1.
236-1994 1-3-95 Out Lot No. 688 located on the south side of Hills and Dales Road and part of the Aaronwood annexation from R-3 to O-1.
1-1995 2-6-95 Out Lot 44 and Lot Nos. 4270 and 4271, located at 652 Erie Street South from I-1 to I-2.
35-1995 4-3-95 Part of Lots Nos. 500 and 501 located at 812 Lincoln Way East (the former BP Gas Station) from B-1 to B-3.
36-1995 4-17-95 Part of Out Lot 329 located at the rear of 2727 Lincoln Way East from R-1 to B-3.
66-1995 5-1-95 Lot No. 1469 located at 909 Lincoln Way East from B-1 to B-3.
95-1995 6-19-95 Out Lot No. 557, the proposed Legend Hill Estate Subdivision, a 109 acre parcel located between the Legends of Massillon Golf Course and Richville Drive, S.E. from R-2 to R-3.
137-1995 8-7-95 Out Lot 291 located between 8th and 9th Streets S.W. north of newly constructed State Route 241 from R-1 to I-1.
142-1995 8-7-95 Lot No. 15100 and being a part of the proposed Whispering Oaks Subdivision, recently annexed zoned R-3.
189-1995 12-4-95 Lot Nos. 12412, 12413, 12414 and 12415 located at 1711 16th St., from R-2 to O-1.
190-1995 12-4-95 Part of the recently annexed Fothergill-Belmont area zoned R-2 and A-1.
24-1996 3-18-96 Lot Nos. 2674 and 2676 located on the south side of McCadden Ave., from R-2 to R-T.
25-1996 3-18-96 Out Lot 84, a 6.0 acre vacant parcel located on the north side of Cherry Road from B-3 to RM-2.
55-1996 4-15-96 Lot Nos. 15241 through 15367, 15373 through 15394 and Out Lots 698, 699 and 711 zoned R-1; Out Lots 701, 702, 704 and 706 zoned R-3; Out Lots 703, 707 and 708 zoned A-1; Out Lot 705 zoned R-T; and Lots 15362 through 15372 and Out Lots 709 and 710 zoned I-1.
94-1996 7-1-96 Lot Nos. 15403 and 15415 zoned I-1.
95-1996 7-1-96 Lot No. 3413 a vacant parcel of land on the south side of Walnut St. zoned R-1.
135-1996 9-16-96 Part of Out Lot 168, a 0.54 acre parcel on the north side of Lincoln Way zoned B-1.
164-1996 10-7-96 Lot No. 1482 and part of Lot No. 1481 located at 1114 Wallace Ave. zoned P-1.
188-1996 11-18-96 A 60.57 acre parcel located on the west side of State Route 21, between U.S. 30 and Warmington Road from I-2 to B-3.
75-1997 5-19-97 Out Lot 461, a 37 acre parcel located on the south side of Harsh Ave., between 21st St. and Kaylynn St. zoned A-1.
89-1997 6-2-97 Out Lot 524, a 4.98 acre parcel on the southeast corner of the intersection of 17th St. and Finefrock Rd. zoned I-1.
112-1997 7-7-97 Lot Nos. 455-459 located at 641 Lincoln Way West from B-1 to B-3.
151-1997 10-6-97 12.096 acres known as Out Lot No. 738 located on the north side of Nave Road, S.E. from R-3 to RM-1.
174-1997 10-20-97 A 13.124 acre parcel located on the west side of Jackson St. S.E. south of Harsh Ave. S.E. from I- 1 to A-1.
175-1997 10-20-97 1.85 acres located on the west side of Wales Road N.E. north of Burd Ave. N.E. and being part of the recently annexed Aultman Area Annexation zoned O-2 and a 108.54 x 104.26 area at the rear (west end) of the recently annexed Aultman Area Annexation zoned R-3.
199-1997 12-1-97 Out Lots 715 to 727 on the south side of Navarre Road east of State Route 21 zoned I-1; Out Lots 728, 729 and 730 zoned B-3.
200-1997 12-1-97 50 feet of the rear of Lot No. 9710 located at 949 First St. N.E. zoned I-1.
229-1997 1-6-98 Lot Nos. 10197 and 11103 and Out Lots 183 and 184 located at 2922 Lincoln Way N.W. from B-1 to R-2.
8-1998 3-2-98 30.021 acres located on the south side of Navarre Road, east of Sterilite Ave. S.E. and being part of the MDF area annexation zoned I-1.
9-1998 3-2-98 Lot No. 13041 located on the northeast corner of First Street S.W. and Charles Ave. S.W. from P- 1 to B-2.
10-1998 3-2-98 Lot No. 543 located at 122, 124 and 126 8th St. N.E. from R-1 to B-1.
11-1998 3-2-98 Lot No. 304, a 5 acre parcel located on the west side of 16th St. S.E. south of Franklin Elementary School from RM-1 to R-1.
53-1998 3-27-98 Out Lot 569, a 259.129 acre parcel located on the north side of Navarre Road, S.E. east of State Route 21 from I-1 to I-2.
54-1998 3-27-98 Out Lot 765, a 122.206 acre parcel, located on the north side of Navarre Road S.E., east of State Route 21 zoned I-2.
79-1998 5-18-98 650 Kaymont S.E. from I-1 to A-1.
80-1998 5-18-98 Out Lots 767, 768, 769, 770, and 771, an approximate 140 acre area located on the east side of Richville Drive S.E. zoned R-1.
81-1998 5-18-98 A 51.9 acre parcel located on the north side of Lincoln Way from A-1 to R-2, R-T, RM-1 and B- 1.
82-1998 5-18-98 A 133.5 acre parcel located on the north side of Nave Road zoned R-2, R-1, R-T, RM-1 and B-1.
122-1998 7-6-98 Out Lot 772, a 14.32 acre parcel located on the east side of Manchester Ave. zoned A-1.
148-1998 9-8-98 Out Lots 777 and 778, a 3.582 acre parcel, located on the west side of Wales Road zoned O-2.
180-1998 9-21-98 8.117 acres located on the north side of Hankins Road, west of Louisa-Marie Ave. zoned R-3.
181-1998 9-21-98 Three parcels totaling 101.442 acres, located north of Lincoln Way, between Kenyon and Manchester Avenues zoned A-1.
182-1998 9-21-98 Out Lots 791 and 780 located on the west side of Deerford Ave. , north of Sinclair St. zoned A-1.
183-1998 9-21-98 Nine parcels totaling 13.168 acres on the north side of Oberlin Road between Duncan and 9th Streets zoned I-2.
184-1998 9-21-98 Five parcels totaling 39.032 acres, located east of Walnut Road between Southway St. and Richville Drive zoned A-1.
185-1998 9-21-98 A 4.861 acre parcel located at the northwest corner of Nave Road and University Drive from R-3 to RM-1.
213-1998 11-2-98 94 acres located on the north side of Lincoln Way between Kenyon and Manchester from A-1 to R-2.
214-1998 11-2-98 Lot Nos. 120, 124, 128, 136 and 206 First St. from RM-1 to B-2.
223-1998 11-16-98 Part of Out Lot 767 located on the north side of Nave Road from R-1 to I-1.
263-1998 2-1-99 Out Lot 792 a 1.129 acre parcel located at the northwest corner of Hills and Dales Road and Aaronwood Ave. zoned O-1 Office.
62-1999 7-19-99 Out Lots 707 and 708 located on the south of Richville Road zoned RM-1 Multiple Family Residential.
82-1999 6-21-99 Out Lot 798 through 804 a 27.492 acre parcel located along former railroad right of way running north of Lincoln Way between 17th St. and Manchester Road zoned R-1 Single-Family.
118-1999 8-2-99 Lot No. 10268 and Out Lot 246 and part of Out Lot 247 zoned B-1.
149-1999 9-10-99 Lot Nos. 15898 and 15899 and Out Lots 810, 811 and 812 zoned B-1.
191-1999 11-1-99 Lot Nos. 1460 and 13757 located at 721 Lincoln Way East from B-1 to O-1.
192-1999 11-1-99 A 14.825 acre parcel located on the north side of Finefrock Road zoned R-3.
210-1999 1-4-00 A 12.4 acre parcel located between Southway St. and Richville Drive, east of 16th St. S.E. from
A-1 to RM-1.
215-1999 1-4-00 A 0.50 acre parcel located at 2307 Lincoln Way West from R-1 to O-1.
238-1999 1-18-00 A 3.25 acre parcel located on the south side of Lake Ave. N.W., between State Route 21 and Tuscarawas River from R-1 to B-1.
239-1999 1-18-00 Part of Lot No. 3674 located on the east side of 26th St. S.E., south of Lincoln Way East form B-1 to R-1.
257-1999 2-7-99 Out Lot 825 located on the south side of Hills and Dales Road between Wales Road and Ledgewood Blvd. zoned B-3.
258-1999 2-7-99 Out Lot 824 located on the east side of 27th St., N.E. between Lincoln Way East and Elmbreeze St. zoned R-T.
65-2000 5-1-00 A 15.862 acre parcel located on the north side of Hankins Rd. N.E., east of Wales Road from R-3 to RM-1.
66-2000 5-1-00 A 656.47 acre parcel located on the southern end of the City zoned I-2.
67-2000 5-1-00 Out Lot 851 located on Shaw Ave., N.E., west of Wray Ave. zoned R-1.
141-2000 8-8-00 Lot No. 9669 located on the north side of Ohlman Court N.E., east of First St. N.E. zoned O-1.
159-2000 9-18-00 8.427 acres located on the east side of Wales Road N.E., north of Hills and Dales, presently known as the Wales Square Shopping Center.
225-2000 12-19-00 4.502 acres located on the east side of Wales Road N.E., from R-3 to RM-1.
1-2001 2-5-01 A 1.5918 acre parcel located on the east side of First St. N.E., north of Gail Ave. being known as Lot 867 from R-2 to RM-1.
2-2001 2-5-01 Part of Out Lot 16065, a 2932 sq. ft. parcel located on the west side of Elizabeth Ave. S.E. and recently annexed to the City zoned R-1.
3-2001 2-5-01 Part of Out Lot 869, a 10.111 acre parcel located on the south side of Richville Road S.E., east of Huron Road S.E. and recently annexed to the City zoned R-3.
4-2001 2-5-01 Out Lot 872 a 47.005 acre parcel located on the south side of Wooster Road N.W. between Deermont Ave. N.W. and Kenyon Ave. N.W. and recently annexed to the City zoned R-3.
46-2001 4-16-01 Out Lots 875-880 an 81.43 acre area located south of U.S. 30 on the west side of the Tuscarwas River and recently annexed to the City zoned I-2.
47-2001 4-16-01 Out Lot 874 a 4.92 acre area located at 849 Earl Road N.W. and recently annexed to the City zoned R-2.
48-2001 4-16-01 Out Lot 873 a 6.984 acre area located on the west side of Sterilite St. S.E., south of Navarre Road and recently annexed to the City zoned I-1.
126-2001 7-2-01 Out Lot 772 a 15.351 acre parcel located on the east side of Manchester Road N.W. north of Beech Grove School zoned R-2.
127-2001 7-2-01 Out Lot 783 a 35.95 acre parcel located on the east side of Manchester Road N.W. across from Tuslaw High School zoned R-1.
149-2001 8-6-01 Part of Out Lot 767 a 2.624 acre parcel located on the east side of Richville Drive S.E. across from the entrance to University Village zoned O-1.
165-2001 9-4-01 Out Lots 887 and 888 located on the north side of Southering St. east of Jackson Ave. and recently annexed to the City zoned R-1; Out Lot 889 zoned I-1.
166-2001 9-4-01 Lot No. 3562 located on the northeast corner of First St. N.W. and Warwick Ave. N.W. zoned B- 1.
209-2001 1-7-02 Lot No. 857 and part of Lot No. 858 located at 514 Cherry Road N.E. from R-1 to B-1.
2-2002 2-19-02 611 Andrew Ave. N.E. from R-1 to RM-1.
24-2002 3-18-02 38.2692 acres know as Out Lots 904 through 912 located between Lincoln Way West and Wooster Road zoned R-1.
25-2002 3-18-02 33.255 acres known as Lot Nos. 16374 through 16410 and Out Lots 925 through 927 located on the west side of 29th St. N.W. zoned R-3.
33-2002 4-1-02 A 15.53 acre parcel located between 8th and 9th St. S.W. south of Webb Ave. S.W. from R-1 and I-1 to R-1, RM-1 and R-U.
68-2002 5-6-02 A 0.98 acre parcel located at 937 Wales Road N.E. from O-1 to RM-1 and R-U.
140-2002 8-20-02 Lot No. 689 located at 411 4th St. N.E. RM-1 to R-1.
155-2002 10-21-02 Part of Out Lot No. 153, a 7.34 acre parcel located on the east side of Erie St. South between Shriver and Pearl Ave. S.E. from R-1 and B-3 to I-1.
156-2002 10-7-02 Lot Nos. 16303 through 16318, Out Lots 902 and 903, being a total of 44.303 acres located on the south side of Lincoln Way NW between Kenyon and Manchester Avenues zoned RM-1.
157-2002 10-7-02 A 0.599 acre parcel located on the east side of 17th St. S.W. between Finefrock Blvd. and Oberlin Ave. S.W. from I-1 to R-3.
230-2002 1-6-03 Lot Not. 15510, a vacant lot located on the north side of Lake Ave. between Kemper Blvd. and Amherst Road from R-1 to RM-1.
40-2003 4-7-03 Lot No. 16620, located at 33 6th St. from P-1 to R- 1.
81-2003 9-2-03 Part of Lot Nos. 3909 and 9320 located at 628 Tremont Ave. from RM-1 to O-1.
100-2003 8-18-03 Part of Out Lot No. 933, an 18 acre parcel located at the northwest corner of Hankins Road and Valerie Ave. from R-3 to R-CRD.
166-2003 12-1-03 21.17 acres recently annexed from Tuscarawas Twp. zoned R-2 (16.98 acres) and R-T (4.19 acres.)
191-2003 3-1-04 Part of Out Lot No. 933 consisting of approximately 18 acres from R-3 to R-CRD.
193-2003 1-20-04 Lot No. 611 and 621 from RM-1 to P-1. Lot No. 613 from RM-1 to B-2.
5-2004 2-17-04 Out Lot 580 (36.34 acres) and part of Out Lot 581 (8.88 acres) from I-2 to B-3.
24-2004 3-1-04 Two vacant parcels on Finefrock Blvd. from R-1 to I-1.
48-2004 4-5-04 A 5.64 acre parcel located at 3925 Lincoln Way West zoned B-3.
103-2004 7-19-04 A 2.296 acre parcel located on the north side of Indian River Road SW, across from Massillon Marketplace from I-1 to B-1.
148-2004 10-18-04 A 1.5 acre parcel located on the east side of the Industrial facility located at 1212 Oberlin Road SW from R-1 to I-1.
164-2004 12-6-04 3534 17th St. SW from R-3 to RM-1.
194-2004 2-7-05 A 4.92 acre parcel being part of Outlot 874 from
R-2 to I-1.
10-2005 3-7-05 A 30.423 acre parcel located on the east side of 27th St. SE between Harsh Ave., SE and Southway St. from I-1 to R-1.
11-2005 3-7-05 A 3.209 acre parcel located between Shriver Ave., SE and Pearl Ave., SE from R-1 to RM-1.
Ord. No. Date Description
28-2005 3-21-05 A 3.61 acre parcel located at 2323 Nave Rd., SE from O-1 to I-1.
47-2005 6-6-05 A 9.244 acre vacant parcel of land located on the east side of Wales Road, NE, north of Hankins Rd., NE from R-3 to R-CRD.
48-2005 6-6-05 Lot Nos. 4869 and 4870 located at the southwest corner of Lincoln Way West and 20th St., NW from R-1 to O-1.
61-2005 7-18-05 A 2.00 acre vacant parcel of land located on the west side of 9th St., SW, north of Finefrock Blvd. and a 0.77 acre parcel located at 1219 9th St., SW from R-1 to R-T.
90-2005 10-4-05 A 0.73 acre parcel located on the east side of 1st St., south of Amherst Meadows Care Facility from R-2 to RM-1.
105-2005 11-7-05 Outlot 1019 (2.127 acres) on north side of Woodstone NW and Woodforest NW intersection, annexed from Tuscarawas Twp., zoned R-1 Single-Family Residential (pt. of Sippo Reserves residential allotment).
117-2005 12-5-05 39.93 acres located on the south side of Cherry Road NW, between 5th St. and 17th St. and consisting of Out Lots 93, 94 and part of Out Lot 91 from I-1 to RM-1.
65-2006 6-5-06 The eastern portion of Lots No. 17096 and 17097 located on the northwest corner of Elizabeth Ave. and Harsh Ave. from Perry Township Zoning to R-1.
82-2006 7-3-06 Lot Nos. 4099, 4132 and 4135 located on 4th St. south of Isabella Ave. from I-1 to R-1.
119-2006 9-18-06 A 4.2 acre parcel recently annexed to the City and known as Out Lot 1029 zoned B-3.
120-2006 10-17-06 An 800 foot wide by 310 foot deep portion of Out Lot 581 from I-2 to B-3.
2-2007 2-5-07 A certain tract of land from Tuscarawas Township (no zoning) to A- 2.
42-2007 5-7-07 Lots located on the west side of 16th St., SE, in the Ballinger Estates Subdivision from R-T and RM-1 to R-1.
50-2007 6-4-07 3.347 acres being part of Out Lot 1020, located on the west side of Tommy Henrich Dr. NW from B-3 and I-1 to B-2.
51-2007 6-4-07 0.46 acres located on the block bounded by Federal Ave. NE, 3rd St. NE, North Ave. NE and Fourth St. NE from RM-1 to B-2.
100-2007 10-1-07 1.91 acres located on the east side of First St. NE and the south side of McCadden Ave. NE from RM-1, R-T and R-1 to B-3.
79-2008 7-7-08 Rezones Out Lot 542 from I-1 Light Industrial to B-3 General Business.
80-2008 7-7-08 Rezones Prophecy Massillon Annexation Area from Perry Township to I-2 General Industrial District.
93-2008 8-4-08 Rezones Out Lot 900 from B-1 Local Business to RM-1 Multiple Family Residential.
147-2008 1-20-09 Rezones Lot No. 10407, located at 1815 Lincoln Way East from RM-1 Multiple Family Residential to P-1 Vehicular Parking.
16-2009 3-2-09 Rezones a 9.977 acre parcel located on the east side of 27th St. NW, south of the Sippo Valley Trail and known as the Manson Annexation area from Tuscarawas Township no zoning to A-1 General Agricultural District.
33-2009 4-6-09 Rezones a portion of the Columbia Heights neighborhood bounded by Anthony Ave. SW on the north, by Duncan St. SW on the west and by the railroad on the southeast and the east from I-1 Light Industrial to R-1 Single Family Residential.
146-2009 1-4-10 Rezones Out Lot 367, located at 1620 1st St. NE from R-2 Single Family Residential to RM-1 Multiple Family Residential.
47-2010 5-3-10 Rezones a 10 acre parcel, recently annexed from Tuscarawas Township, and located on the west side of 17th Street SW, north of U.S. Route 30 as R-1 Single Family Residential.
122-2010 12-6-10 Rezones from Perry Twp. R-2 Single and Two Family Residential to R-2 Single Family Residential:
Richville Drive Area Annexation, an approximate 138 acres of former Perry Township land, located along Richville Drive on both the north and south sides of US 30, as well as along Cincinnat Street, west of Stump Avenue, south of US 30.
24-2011 3-21-11 Rezones from Perry Twp., R-2 Single and Two Family Residential to R-3 Single Family Residential:
Sibila Family LLC Annexation, Out Lots 1097 and 1098, a 10.54 acre area located along the east side of Valerie Avenue NE, north of Hankins Road.
1-2012 2-6-12 Rezones parcel at 875 Eighth Street NE, from a R-1, O-1, B-1 to an O-2 Office.
56-2012 7-2-12 Cincinnati Area Annexation, 34.947 acre parcel from Perry Township is assigned an I-1 and I-2 Industrial zoning classification.
57-2012 7-2-12 Bit of Eden Annexation, 8.298 acres from Tuscarawas Twp. is assigned a R-MH Mobile Home Park zoning classification.
89-2012 9-17-12 Poets Glen Area Annexation, 61.852 acres from Tuscarawas Twp. is assigned an A-1 Agricultural, R-1 Single Family, and B-3 Business Zoning classification.
62-2013 8-5-13 Part of Out Lot 697, a 12 acre area located on the southern portion of the property from the old railroad bed south to the property lines from R-1 Single Family Residential to I-1 Industrial.
63-2013 8-5-13 Part of Out Lot 96, a 0.577 acre area further described as the southern portion of the property from R-1 Single Family Residential to B-3 General Business.
101-2013 10-7-13 Out Lot 901, a 1.26 acre area located just north of the Inn at University Village, from R-3 Single Family Residential to RM-1 Multiple Family Residential.
2-2014 2-18-14 Out Lot 737, a 19.822 acre area, former Ashland University campus from R-3 Single Family Residential to RM-1 Multiple Family Residential.
44-2014 4-21-14 Part of Out Lot 1028, located on the south side of Cherry Rd. NW with a total of 1.031 acres from RM-1 Multiple Family Residential to RCRD Condominium Residential.
45-2014 4-21-14 Lots 17179 and 17180, located on the south side of Cherry Rd NW with a total of 0.857 acres from R-1 Single Family Residential to RM-1 Multiple Family Residential.
79-2015 8-3-15 Rezoning Outlot 1135 as follows: The north portion from I-1 Light Industrial to RM-1 Multiple Family Residential and the south portion from I-1 Light Industrial to A-1 Agriculture.
68-2017 8-7-17 An .18 acre parcel located on Erie St. S., Massillon, between Shriver Ave. S.E. and Pearl Ave. S.E., with an approximate address of 1318 Erie St. S. and Lot #17462 of Parcel #10008254, a .17 acre parcel (vacant lot) located next to 1318 Erie St. S. from B3 General Business to I-1 Light Industrial.
71-2018 8-6-18 671 Cliff St. and 660 Guy St. from R-1 One Family Residential to R-T Two Family Residential.
92-2018 10-1-18 2177 Nave Rd. from R-1 One Family Residential to O-2 Office District.
CODIFIED ORDINANCES OF MASSILLON
1177.01 HEIGHT, BULK, DENSITY AND AREA REGULATIONS.
The height, bulk, density and area regulations for the Zoning Districts shall be as set forth on the Chart listed on page 120.
Minimum Lot Size Per Unit | Structure Maximum Height | Minimum Yard Setback (Per Lot in Feet) | |||||||||
Zoning District | Area (sq. ft.) | Width (feet) | (stories) | (feet) | Front | Each Side | Rear | Minimum Floor Area Per Unit (sq. ft.) | Maximum of Lot Area Covered (By all Buildings) | Maximum Floor Area Ratio (per lot) | |
R-1 One- Family Residential | (a) 7,800 | (a) 65 | 2 | 25 | 25(b) | 1 story 6 (b, c) | 2nd story 8 (b, c) | 30(b) | 600 | 30 | ---- |
R-2 One- Family Residential | (a) 9,600 | (a) 80 | 2 | 25 | 30(b) | 8(b, c) | 10(b, c) | 30(b) | 800 | 25 | ---- |
R-3 One- Family Residential | (a) 12,000 | (a) 90 | 2 | 25 | 30(b) | 10(b, c) | 12 (b, c) | 35(b) | 1,100 | 25 | ---- |
R-4 One- Family Residential | ½ Acre | 120 | 2-1/2 | 35 | 45 | 14 | 16 | 35 | 1500 | 25 | - |
RT Two- Family Residential | (a) 4,800 | (a) 40 | 2 | 25 | 25(b) | 10(b, c) | 35(c) | 600 | 25 | ------- | |
RM-1 Multiple Family Res. | d | d | 2 ½ | 25 | 25(e) | 15(e) | 35 (e) | 1 Br-500 2 Br-700 3 Br-900 4 Br-1100 | 25 | 0.5 | |
RM-2 Multiple Family Res. | d | d | 60 | 25(e) | 30(e) | 30(e) | 35(e) | 1 Br-500 2 Br-700 3 Br-900 4 Br-1100 | ------ | 1.5 | |
1177.01 HEIGHT; BULK, DENSITY AND AREA REGULATIONS. (CONT.)
Minimum Lot Size Per Unit | Structure Maximum Height | Minimum Yard Setback (Per Lot in Feet) | ||||||||
Zoning District | Area (sq. ft.) | Width (feet) | (stories) | (feet) | Front | Each Side | Rear | Minimum Floor Area Per Unit (sq. ft.) | Maximum of Lot Area Covered (By all Buildings) | Maximum Floor Area Ratio (per lot) |
O-1 Office | ----- | ----- | 2 ½ | 30 | 20(f) | 15(g, j) 15(g, j) | 20(h) | ------- | ------- | 1.0 |
O-2 Office | ----- | ----- | 60 | 25(f) | 15(g, j) 15(g, j) | 20(h) | ------- | ------- | 2.0 | |
B-1 Local Business | ----- | ----- | 2 | 25 | 25(f) | (g, j) (g, j) | 20(j) | ------- | ------ | 1.0 |
B-2 Central Business | -------- | ------ | 60 | (f, i) | (i, j) (i, j) | (h, i) | -------- | ------ | 4.0 | |
B-3 Central Business | ------- | ------ | 3 | 30 | 30(f) | (g, j) (g, j) | 20(h) | -------- | -------- | 1.8 |
I-1 Light Industrial | ------ | ------- | 40 | 60(k) | (j, l) (j, l) | (l, m) | -------- | ------- | ------- | |
I-2 General Industrial | ------ | ------- | 60 | 80(k) | (j, l) (l, m) | (l, m) | ------- | ------- | ------- | |
(Ord. 7-77. Passed 11-21-77; Ord. 115-1991. Passed 8-5-91.)
NOTES TO SCHEDULE.
(a) See Section 1177.02 regarding flexibility allowances.
(b) For all uses permitted other than single-family residential, the setback shall equal the height of the main building or the setback required in this section, whichever is greater.
(c) In the case of a rear yard abutting a side yard, or when a side yard is adjacent to a front yard across a common separating street, the side yard abutting a street shall not be less than the required minimum front yard of the district in which located.
(d) The total number of rooms in a multiple-dwelling structure of two and one-half stories or less shall not be more than the area of the parcel, in square feet divided by 1,200. The total number of rooms in a multiple dwelling of over two and one-half stories shall not be more than the area of the parcel, in square feet divided by 600. Not more than ten percent (10%) of the units on any given parcel may be of an efficiency apartment type. For the purpose of computing rooms, the following shall control:
Efficiency and Modified Apartment Unit = one room
One Bedroom Unit = two rooms
Two Bedroom Unit = three rooms
Three Bedroom Unit = four rooms
Four Bedroom Unit = five rooms
Plans presented showing one, two or three bedroom units and including a den, library or other extra room shall count such extra rooms as a bedroom for the purpose of computing density.
The area used for computing density shall be the total site area exclusive of any dedicated public right of way of either interior or bordering streets.
(e) In RM-2 Districts the minimum front and rear yards shall be equal to the height of the building, except that where a front lot line abuts a street, one-half the width of the right of way of the street may be considered as front-yard setback, but in no instance shall any front or rear yard setback be less than twenty-five feet. In RM-1 and RM-2 Multiple-Family Residential Districts, the minimum amount of useable open space or recreation area per dwelling unit, exclusive of a required front yard, parking areas or driveways, shall be equal to 150 square feet of lot area per bedroom. A balcony or roof sundeck of fifty square feet or greater may be counted toward meeting the minimum amount of open space per dwelling unit. In all RM-1 and RM-2 Multiple Residential Districts, the minimum distance between any two buildings shall be regulated according to the length and height of such buildings, however, in no instance shall this distance be less than thirty feet. The formula regulating the required minimum distance between two buildings is as follows:
S = LA + LB + 2 (HA + HB), where
6
S = Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either.
LA = Total length of building A.
The total length of building A is the length of that portion or portions of a wall or walls of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.
LB = Total length of building B.
The total length of building B is the length of that portion or portions of a wall or walls of building B from which, when viewed directly from above, the lines drawn perpendicular to building B will intersect any wall of building A.
HA = Height of building A.
The height of building A at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
HB = Height of building B.
The height of building B at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building. (Ord. 15-1973. Passed 3-5-73.)
(f) Off-street parking shall be permitted to occupy a portion of the required front yard provided that there shall be maintained a minimum unobstructed and landscaped setback of six feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest existing and proposed right-of-way line as indicated on the Major Thoroughfare Plan.
(Ord. 63-1975. Passed 9-22-75.)
(g) No side yards are required along the interior side lot lines of the District, except as otherwise specified in the Building Code, provided that if walls of structures facing such interior side lot lines contain windows, or other openings, side yards of not less than ten feet shall be provided.
On a corner lot which borders on a residential district, there shall be provided a setback of twenty feet on the side or residential street. On an exterior side yard abutting a residential district or abutting a street there shall be provided a setback of ten feet in width.
(Ord. 15-1973. Passed 3-5-73.)
(h) Loading space shall be provided in the rear yard at the rate of fifteen percent (15%) of the gross floor area of the largest story or 200 square feet, whichever is greater and shall be computed separately from the area designated to meet off-street parking requirements; except in the instance of O-1 and O-2 Districts loading shall be provided at the rate of eight percent (8%) of the gross floor area of the largest story or 200 square feet, whichever is greater. (Ord. 106-1977. Passed 11-21-77.)
(i) No building shall be closer than twenty-five feet to the outer perimeter property line of such district, or to any major thoroughfare. (Ord. 63-1975. Passed 9-22-75.)
(j) Off-street parking shall be permitted in a required side yard setback.
(k) Off-street parking for visitors over and above the number of spaces required under Section 1183.01 may be permitted within the required front yard provided that such off-street parking is not located within six feet of the front lot line.
(Ord. 106-1977. Passed 11-21-77.)
(l) No building shall be located closer than fifty feet to the outer perimeter property line of such district when the property line abuts any residential district.
(m) All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than six feet high, or with a chain link type fence and a greenbelt planting so as to obscure all view from any adjacent residential, office or business district or from a public street.
(n) In the R-1, One-Family Residential District, the minimum side yard setback on lots of record as of November 2, 1970, with sixty-five foot frontage or less, shall be ten percent (10%) of the lot width. In no case shall the side yard setbacks be less than five feet on each side.
(o) Modified efficiency apartment units shall be those designated as Federal Elderly Housing at the time of approval.
(Ord. 15-1973. Passed 3-5-73.)
1177.02 AVERAGED LOT SIZE.
The intent of this section is to permit the subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in Section 1177.01, for each One-Family Residential District. If this option is selected, the following conditions shall be met:
(a) In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten percent (10%) below that area or width required in Section 1177.01, and shall not create an attendant increase in the number of lots.
(b) Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located.
(c) All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.
(Ord. 15-1973. Passed 3-5-73.)
1177.03 MEDICAL MARIJUANA FACILITIES INCLUDING CULTIVATION FACILITIES, PROCESSING FACILITIES, DISPENSARIES AND TESTING LABORATORIES.
(a) Medical Marijuana Facilities.
(1) No medical marijuana facility shall be located within 500 feet of a school, church, public park, public playground, or public library, consistent with State of Ohio spacing requirements, as provided in Ohio R.C. 3796.09 and 3796.10 and the analogous provisions in the Ohio Administrative Code.
(2) Prohibited location: no medical marijuana facility shall be located in a residentially zoned area.
(3) In addition to the general standards applicable to all conditional uses under this code, the planning staff, the City Planning Commission and the Council, when studying a petition for a conditional use, shall consider the following criteria:
A. The impact of the proposed use on public safety in the surrounding community.
B. The impact of the proposed use on the economic welfare of the surrounding community.
C. The impact of the proposed use on the general welfare of the surrounding community in regard to any odor emanating from the proposed use, and the mandatory use of a state-of- the-art filtration system.
D. The impact of the proposed use on any disproportional concentration of medical marijuana cultivation facilities, processing facilities, testing laboratories, or dispensaries in the surrounding community.
E. Regarding medical marijuana dispensaries, the location of the proposed use in relation to medical or pharmaceutical facilities of a complimentary nature (e.g., pharmacies, physician offices, etc.)
(4) The petitioner shall comply with all local and state laws pertaining to medical marijuana facilities for cultivation, processing, dispensing and/or testing, including all local and state licensing requirements. If the petitioner has not obtained a state provisional license within one year of Council granting a conditional use, the conditional use shall expire at that time.
(Ord. 96-2017. Passed 9-5-17.)
1179.01 INTENT.
(a) It is the intent of the Zoning Ordinance to permit legal nonconforming lots, structures or uses to continue until they are removed but not to encourage their survival.
(b) It is recognized that there exists within the districts established by the Zoning Ordinance and subsequent amendments, lots, structures and uses of land and structures which were lawful before the Zoning Ordinance was passed or amended which would be prohibited, regulated or restricted under the terms of the Zoning Ordinance or future amendments.
(c) Such uses are declared by the Zoning Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of the Zoning Ordinance that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(d) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of the Zoning Ordinance by attachment on a building or premise of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.
(e) To avoid undue hardship, nothing in the Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of the Zoning Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. (Ord. 82-1970. Passed 11-2-70.)
1179.02 NONCONFORMING LOTS.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of the Zoning Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of the Zoning Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Zoning Appeals.
(Ord. 82-1970. Passed 11-2-70.)
1179.03 NONCONFORMING USES OF LAND.
Where at the effective date of adoption of the Zoning Ordinance lawful use of land exists that is made no longer permissible under the terms of the Zoning Ordinance as enacted such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption of the Zoning Ordinance.
(b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption of the Zoning Ordinance.
(c) If such nonconforming use of land ceases for any reason for a period of more than sixty days, any subsequent use of such land shall conform to the regulations specified by the Zoning Ordinance for the district in which such land is located.
(Ord. 82-1970. Passed 11-2-70.)
1179.04 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption of the Zoning Ordinance that could not be built under the terms of the Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:
(a) No such structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase its nonconformity.
(Ord. 82-1970. Passed 11-2-70.)
(Ord. 82-1970. Passed 11-2-70.)
(b) Should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of the Zoning Ordinance. Except, that should such a nonconforming residential structure or nonconforming portion of a residential structure be destroyed by accidental means, it maybe constructed in conformity with the regulations of the district in which it is located or to its original size and use.
(Ord. 121-2006. Passed 9-18-06.)
(c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.
(Ord. 82-1970. Passed 11-2-70.)
1179.05 NONCONFORMING USES OF STRUCTURES AND LANDS.
If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption of the Zoning Ordinance, that would not be permitted in the district under the terms of the Zoning Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by the Zoning Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption of the Zoning Ordinance, but no such use shall be extended to occupy any land outside such building.
(c) If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Zoning Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require conditions and safeguards in accord with the purpose and intent of the Zoning Ordinance. Where a nonconforming use of a structure, land or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(d) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(e) When a nonconforming use of a structure, or structures and land in combination, is discontinued or ceases to exist for two consecutive years, the structure or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.
(f) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 82-1970. Passed 11-2-70.)
1179.06 REPAIRS AND MAINTENANCE.
(a) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty percent (50%) of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage of the Zoning Ordinance shall not be increased.
(b) Nothing in the Zoning Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 82-1970. Passed 11-2-70.)
1179.07 USES UNDER EXCEPTION PROVISIONS NOT NONCONFORMING USES.
Any use for which a special exception is permitted as provided in the Zoning Ordinance shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.
(Ord. 82-1970. Passed 11-2-70.)
1179.08 CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and land in combination.
(Ord. 82-1970. Passed 11-2-70.)
1180.01 INTENT.
It is the intent of this chapter to establish regulations which will permit home occupations and other incidental residential uses in a manner which will preserve the peace, quiet, and tranquillity of residential neighborhoods and to ensure the compatibility of such uses permitted within the same zoning district. The need to establish regulations pertaining to home-based occupations and businesses is a result of the increased need within households for the diversity of income to help offset the rising cost of living. Home occupations and incidental residential uses will particularly benefit individuals with physical disabilities as well as those having to care for children or the elderly within their home. There are also potential benefits to the local community to be realized by those seeking services or goods supplies through home occupations and other incidental residential uses. However, these positive benefits must be weighed against the potential impacts of such uses on the residential character of the neighborhood. (Ord. 251-2001. Passed 2-4-02.)
1180.02 INCIDENTAL RESIDENTIAL USES.
“Incidental Residential Uses” means the incidental use of a residential property for one of the following purposes:
(a) Hobbies that do not produce a profit or only occasionally or incidentally do so.
(b) Volunteer work for non-profit organizations.
(c) Door-to-door sales, including marketing or sales activity in a residence by a door-to-door salesperson whose business is not based therein, including sales- oriented “parties” or group product demonstrations.
(d) A home office used only for incidental clerical, administrative, or professional work brought home from an off-premises place of work.
(e) An “address of convenience”, meaning an activity confined to the sending and receipt of mail, phone calls, faxes, e-mail, and other forms of electronic communication, and the keeping of records in connection with any business or occupation.
(f) Incidental low-nuisance money-making activities of household residents, other than Garage Sales as defined in Chapter 725, and including such activities as newspaper delivery, babysitting, and short-term seasonal activities such as children’s lemonade stands, or other similar activities.
Incidental Residential Uses shall be permitted within all residential zoning districts as an allowable accessory use.
(Ord. 251-2001. Passed 2-4-02.)
(Ord. 251-2001. Passed 2-4-02.)
1180.03 HOME OCCUPATIONS.
“Home Occupation” means any occupation or profession, other than “incidental residential uses” as defined herein, conducted entirely within a dwelling unit by the inhabitants thereof which is clearly incidental and secondary to the use of the premises for dwelling purposes and which does not change the residential character thereof. Home Occupations shall be subject to the following requirements:
(a) There shall be no display or retail sale of goods on the premises.
(b) All persons working at the home occupation site shall be full-time residents of that dwelling unit.
(c) There shall be no evidence from the exterior that the dwelling unit is being utilized for purposes other than a dwelling. No addition, alteration, or remodeling of a dwelling shall be permitted in connection with any home occupation.
(d) No signs advertising the home occupation shall be permitted.
(e) Practice of the home occupation shall be permitted in the principal dwelling only, not in any accessory buildings.
(f) Deliveries shall not restrict traffic circulation.
(g) Traffic generated by the home occupation shall not exceed volumes normally expected in a residential neighborhood.
(h) A home occupation shall not produce noise, obnoxious odors, vibrations, lighting glare, smoke, or fumes detectable to normal sensory perception on any adjacent lots or streets, nor shall it produce detectable electrical interference.
(i) The outdoor storage of goods, materials, or equipment shall be prohibited. The home occupation shall not involve the storage of hazardous, flammable, or combustible liquids or materials, other than those customarily found in a dwelling (and of no greater intensity or duration than that customarily associated with a residence.)
(j) Not more than one commercial vehicle together with equipment, tools, and stock-in-trade maintained therein where such motor vehicle is used as the owner’s means of transportation, shall be permitted in any residential district; provided that such vehicle shall be parked on the premises and not on any public street, and provided further that such tools and equipment are not used for the performance of services upon the premises and stock-in-trade is not sold from the premises.
(k) The following types of home occupations shall be prohibited: any business whose primary function is the rendering of services to customers or clients on the premises, with the exception of educational services such as tutoring or music instruction.
(Ord. 251-2001. Passed 2-4-02.)
1180.04 APPLICATION AND REVIEW PROCESS.
Any person desiring to conduct a home occupation in a residential district shall apply to the Board of Zoning Appeals for approval as follows:
(a) The application fee for a home occupation permit shall be fifty dollars ($50.00) and shall be paid to the Secretary of the Board of Zoning Appeals, who shall forthwith deliver said amount to the City Treasurer for deposit to the credit of the General Fund.
(b) The Board of Zoning Appeals shall consider any application for a home occupation permit at its regularly scheduled monthly meeting.
(c) In consideration of any application for a home occupation permit, the Board of Zoning Appeals shall determine that the proposed use will comply with the requirements of Section 1180.02 and further, that the proposed home occupation will not unreasonably diminish or impair established property values within the surrounding area, or in any respect impair the public health, safety, comfort, morals, or welfare of the community.
(d) The granting of a home occupation permit by the Board of Zoning Appeals shall in no way constitute a change in the zoning classification of the property on which the home occupation is permitted.
(e) A home occupation permit shall be valid for a period of one year and may be renewable in subsequent years, upon payment of a fee of fifty dollars ($50.00) per year.
(f) A home occupation permit is not transferable and shall be immediately revoked and become null and void upon the sale, lease, transfer, or other disposition of the home occupation or the property on which it is located.
(g) If the use for which a home occupation has been granted ceases for a period of six consecutive months, all permits issued pursuant to this section shall become null and void.
(h) Home occupation permits granted pursuant to this section may be revoked by the Building Inspector pursuant to the provisions of Chapter 1125, such revocation to be based upon the failure to comply with any of the provisions of this section and when the use of any property in a residential district as a home occupation results in an undesirable condition interfering with the health, safety, or welfare of the surrounding residential area.
(i) Any person aggrieved or affected by a decision of the Board of Zoning Appeals regarding an application for a home occupation permit may appeal such decision, pursuant to Section 1129.09, to Council by filing with the Clerk of Council a written notice of such appeal within ten days of the decision by the Board of Zoning Appeals. (Ord. 251-2001. Passed 2-4-02.)
1181.01 REGULATIONS.
Accessory buildings, except as otherwise permitted in the Zoning Ordinance shall be subject to the following regulations:
(a) Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of the Zoning Ordinance applicable to main building.
(b) Accessory buildings shall not be erected in any required yard, except a rear yard.
(c) (1) An accessory building shall not occupy more that forty percent (40%) of the rear yard. The rear yard is measured from the back of the house to the rear and side property lines.
(2) In no instance shall the accessory building exceed the ground floor area footprint of the main building. Ground floor area footprint of the main building shall include enclosed porches and attached garages.
(d) No detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than three feet to any side or rear lot line.
In those instances where the rear lot line is coterminous with an alley right of way the accessory building shall not be closer than one foot to such rear lot line. In no instance shall an accessory building be located within a dedicated easement right of way.
(e) No detached accessory building in R-1 through R-3, RT, RM-1, RM-2, O-1, O-2, B-1 and P-1 Districts shall exceed one story or fourteen feet in height. The building height is measured from the finish grade to the very top of the building.
Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in such districts, subject to Board of Zoning Appeals review and approval if the building exceeds one story or fourteen feet in height.
(f) When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, such building shall not project beyond the front yard setback required on the lot in rear of such corner lot. In no instance shall an accessory building be located nearer than ten feet to a street right-of-way line.
(Ord. 82-1970. Passed 11-2-70; Ord. 62-2024. Passed 8-5-24.)
(g) When an accessory building in any Business or Office District is intended for other than the storage of private motor vehicles, the accessory building shall be subject to the approval of the Board of Zoning Appeals.
(Ord. 108-2003. Passed 10-6-03.)
(h) An accessory building in any Residential District for other than the storage of private motor vehicles is permitted subject to the following specifications:
LOT SIZE SQ. FT. | MAX. SHED SIZE SQ. FT. | MAX. DIM. ANY SIDE | APPROX. MAX. SHED SIZE |
Up to 4000 | 120 | 12 | 10' x 12' |
4001-7800 | 192 | 16 | 12' x 16' |
7801-9600 | 252 | 18 | 14' x 18' |
9601-12000 | 280 | 20 | 14' x 20' |
Lots over 12,001 sq. ft. an additional 1% increase (10 sq. ft.). For every 1,000 sq. ft. of lot area in excess of 12,000 not to exceed ground floor square footage of primary structure including porches. This shall not include up to 1' - 0" overhang and porches. An accessory building used exclusively for the storage of motor vehicles shall not contain more ground floor area than the main structure and shall be as defined under 1121.02(30) “Garage, private” of the Massillon City Ordinance. Not more than one accessory building for other than the storage of private motor vehicles is permitted per residential lot.
(1) Permit fees.
A. 0 to 200 Sq. Ft. $50.00
B. 201 to ? $50.00 plus Building permit fees
(i) The parking of a mobile home for periods exceeding twenty-four hours on lands not approved for mobile home parks shall be expressly prohibited, except that the Building Official may extend temporary permits allowing the parking of a mobile home in a rear yard on private property, not to exceed a period of two weeks. All mobile homes parked or stored, shall not be connected to sanitary facilities and shall not be occupied. (Ord. 87-2010. Passed 8-16-10.)
(j) All mobile home or camping trailers owned by residents of the City and stored on their individual lots shall be stored only within the confines of the rear yard and shall further respect the requirements of this chapter applicable to Accessory Buildings, insofar as distances from principal structures, lot lines, and easements are concerned. All mobile homes parked or stored, shall not be connected to sanitary facilities and shall not be occupied.
(k) There shall be an existing primary structure on the property before the placement of any accessory structure.
(Ord. 108-2003. Passed 10-6-03.)
1181.02 SOLID FUEL-FIRED OUTDOOR HEATING DEVICES.
(a) Definitions.
(1) “Solid fuel fired outdoor heating device” means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
(2) “Chimney” means any vertical structure enclosing flue or flues that carry off smoke or exhaust from a solid fuel fired outdoor heating device, especially that part of such structures extending above a roof.
(b) Regulations for Solid Fuel Fired Outdoor Heating Devices.
(1) An HVAC permit must be obtained from the building standards division prior to the installation of any solid fuel fired outdoor heating device and all inspections must be performed. The applicant shall provide a site plan depicting the proposed location on the property, including distances from adjacent structures. The height of the proposed chimney stack and proposed screening plan shall be indicated.
(2) All solid fuel fired outdoor heating devices must be approved, labeled and listed by an approved agency whose listing states that the equipment has been tested and found suitable for use in the specified manner. No homemade solid fuel fired outdoor heating devices will be allowed.
(3) All solid fuel fired outdoor heating devices are required to meet emission standards currently required by the Environmental Protection Agency (EPA).
(4) All solid fuel fired outdoor heating devices shall be installed, operated and maintained in strict conformance with the manufacturer’s instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder and in the heating code shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply. The owner of the solid fuel fired outdoor heating device shall produce the manufacturer’s instructions for all devices.
(c) Substantive Requirements. All outdoor devices shall be installed, operated and maintained pursuant to the following conditions:
(1) Fuel shall be only natural untreated wood, wood, wood products, corn products or other fuels specifically permitted by the manufacturer.
(2) The following fuels are strictly prohibited.
A. Processed wood products and other non-wood products not permitted by manufacturer.
B. Garbage.
C. Painted or treated wood.
D. Tires.
E. Any other items not specifically allowed by the manufacturer or this provision.
(3) Device location and chimney heights.
A. All outdoor devices shall be located no less than 300 feet from the nearest residential building or structure (other than that serviced by the device).
B. All chimneys serving such outdoor devices must have a stack height at least three feet higher than the peak height of the highest residential structure within 300 feet thereof.
(4) Maintenance of unit and screening of unit and fuel.
A. The exterior of any outdoor heating unit shall be maintained and kept in good working condition in accordance with the manufacturer’s maintenance recommendations.
B. The outdoor heating unit and fuel storage shall be screened by approved fencing, landscaping, earth berm or other suitable enclosure. The average height of the enclosure shall be equal to the height of the outdoor heating unit or stored fuel, but shall not be required to exceed six feet in height.
(d) Amortization; Penalty.
(1) From the effective date hereof, any person who constructs, erects, operates, replaces or modifies any solid fuel fired outdoor heating device that does not meet the requirements of this section or Part 13 of the Codified Ordinances of the City of Massillon, shall be penalized in accordance with Part 13 hereof. If any person shall have constructed or erected any solid fuel fired outdoor heating device prior to the effective date of this section, s/he shall be required to bring it into compliance with this chapter within a period of five years from the effective date hereof; provided, however, that with respect to the stack height thereof, s/he shall be required to bring the stack height into compliance with this chapter within a period of ninety days from the effective date hereof.
(2) Illegally constructed or erected solid fuel fired outdoor heating devices shall be removed at the cost of the owner within thirty days of the first citation.
(Ord. 87-2010. Passed 8-16-10.)
1183.01 OFF-STREET PARKING REQUIREMENTS.
There shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off-street parking space for all new construction with adequate access to all spaces. The number of off-street parking spaces, in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy, as hereinafter prescribed:
(a) The required off-street parking spaces may be located within a nonrequired side or rear yard and within the rear yard setback unless otherwise provided in the Zoning Ordinance. The required off-street parking spaces shall not be located within a front yard or a side yard setback unless otherwise provided in the Zoning Ordinance.
(Ord. 109-1977. Passed 11-21-77.)
(b) Off-street parking, for other than residential use, shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown of all lots or parcels intended for use as parking by the applicant.
(c) Parking spaces in City owned off-street parking lots cannot be used in computing the off-street parking requirements provided for in the Zoning Ordinance.
(d) In the special off-street parking lot taxing district established by Resolution No. 8-1964, the owner(s) of any property which was assessed to provide the funds for the purchase of the land used for the off-street parking lots shall be permitted to reduce the number of off-street parking spaces he may be required to provide in order to comply with the provisions of the Zoning Ordinance by fifty percent (50%).
(e) Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the premises they are intended to serve and subject to the provisions of Section 1181.01.
(f) Any area once designated as required off-street parking shall never by changed to any other use unless and until equal facilities are provided elsewhere.
(g) Off-street parking existing at the effective date of the Zoning Ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.
(h) Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.
(i) In the instance of dual function of off-street parking spaces where operation hours of buildings do not overlap, the Board of Zoning Appeals may grant an exception.
(j) The storage of merchandise, motor vehicles for sale, trucks or the repair of vehicles in an area designated for off-street parking is prohibited.
(k) For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which the Planning Commission considers is similar in type.
(l) When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall required one parking space.
(m) For the purpose of computing the number of parking spaces required, the definition of "gross floor area" in Section 1121.02(29) shall govern. (Ord. 82-1970. Passed 11-2-70.)
(n) The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:
Use | Number of Minimum Parking Spaces per Unit or Measure |
Residential | |
Residential, One-Family and Two-Family | Two for each dwelling unit |
Residential Multiple-Family | Two for each dwelling unit |
Housing for the Elderly | One for each two units, and one for each employee. Should units revert to general occupancy then two spaces per unit shall be provided. |
Mobile Home Park | Two for each mobile home site and one for each employee of the mobile home park. |
Institutional | |
Churches or temples | One for each six seats or twelve feet of pews in the main unit of worship. |
Hospitals | One for each one bed plus one additional space for each three employees on the largest working shift. |
Homes for the Aged and Convalescent Homes. | One for each three beds plus one additional space or each one employee on the largest working shift. |
Elementary and Junior High Schools. | At least one for each two employees, including administrators, teachers, maintenance personnel, and one per six seats in the auditorium or main assembly room or one per classroom, whichever is greater. |
Senior High Schools | One per one employee, including administrators, teachers and building maintenance personnel plus one per six seats in the auditorium or main assembly room or three spaces per classroom, whichever is greater. |
Private Clubs or Lodge Halls. | One per 150 sq. feet of gross floor area, or one for each four seating spaces in the assembly room, whichever is greater. |
Private Golf Clubs, Swimming Pool clubs, Tennis clubs, or other similar uses. | One for each four member families or individuals plus spaces required for each accessory use. |
Golf Courses open to the general public, except miniature or Par-3 Courses | Four for each one golf hole and one for each one employee, plus spaces required for each accessory use. |
Fraternity or Sorority | One for each five permitted active members or one for each two beds, whichever is greater. |
Stadium Sports Arena or similar place of outdoor assembly. | One for each four seats or eight feet of benches. |
Threaters and Auditoriums | One for each four seats. |
Business and Commercial | |
Planned Commercial or Shopping Center | One for each 200 square feet of gross floor area. |
Auto Wash: | |
Automatic. | Automatic car washes in which vehicles are mechanically moved through the production line shall have and maintain ten paved off-street parking spaces on the premises for each twenty lineal feet of production line within the confines of the building. In addition, there shall be provided at the exit at least two and one-half off-street parking spaces per exit lane. Such parking spaces shall be available at all times during the operation of the washing facility for vehicular storage of vehicles entering or exiting the washing facility. |
Semi-Automatic. | Car washes in which automatic machinery is used to wash the vehicle, but the vehicle provides the power through the production line shall have and maintaine on the premises at least eight paved off-street parking spaces for each stall for the use of vehicles entering the facility. In addition, there shall be provided at the exit at least one and one-half off-street parking spaces per exit lane. Such parking spaces shall be available at all times during the operation of the washing facility for vehicular storage of the vehicles entering or exiting the washing facility. |
Manual Auto Wash | Manual car washes in which vehicles are manually washed and provide their own power through the stall shall have and maintain on the premises at least five paved off-street parking spaces for each parking stall. In addition, such parking spaces shall be available at all times during the operation of the washing facility for the vehicular storage of vehicles entering or exiting the washing facility. |
Beauty Parlor or Barber Shop | Three spaces for each of first two beauty or barber chairs, and one space for each additional chair. |
Bowling Alleys | Five for each one bowling lane, plus parking for accessory uses as required herein. |
Dance Halls, Pool or Billiard Parlors, Roller or Ice Skating Rinks. Exhibition Halls without fixed seats. | One for each 100 square feet of gross floor area. |
Establishment for sale and consumption on the premises, of beverages, food or refreshments-restaurant | One for each 150 square feet of gross floor area. |
Furniture and appliance, household equipment, repair shops, showroom of a plumber, decorator, electrical or similar trade, shoe repair and the similar uses. | One for each 800 square feet of gross floor area. (For that floor area used in processing, one additional space shall be provided for each two persons employed therein.) |
Gasoline Service Stations (without auto wash facilities). | One for each lubrication stall or rack and one for each gasoline pump, exclusive of service area. |
Gasoline Service Stations (with auto wash facilities). | One for each lubrication stall or rack, and one for each gasoline pump plus the spaces required for auto wash facilities under this Business and Commercial Section. |
Laundromats and Coin-Operated Dry Cleaners. | One for each three washing and/or dry-cleaning machines. |
Miniature or Par-3 Golf Courses. | Three for each one hole plus one for each one employee. |
Golf Driving Range. | One for each driving tee plus one for each two employees. |
Mortuary establishments. | One for each 100 square feet of gross floor area. |
Motel, hotel or other commercial lodging establishments. | One for each occupant unit plus one for each one employee. |
Motor vehicles sales and service establishments. | One for each 200 square feet of gross floor area of sales room and one for each one auto service stall in the service room. |
Nursery schools, day nurseries or child care centers. | One for each two employees, including administrators, teachers, maintenance personnel and one per six seats in auditorium or main assembly room, or one space per classroom, whichever is greater. |
Offices | |
Banks and similar lending institutions. | One for each 200 square feet of gross floor area. |
Business offices or professional offices except as indicated in the following item. | One for each 200 square feet of gross floor area. |
Professional offices of doctors, dentists or similar professionals. | One for each seventy-five square feet of gross floor area in waiting room, and one for each examining room, dental chair or similar use. |
Industrial | |
Industrial or Research establishments and related accessory offices. | Five plus one for every one and one-half employee in the largest working shift. Space on site shall also be provided for all construction workers during periods of plant construction. |
Warehouses and Wholesale establishments and related accessory offices. | Five plus one for every employee in the largest working shift. |
Trucking facilities and Bus Terminals. | Parking for accessory uses to be determined by the requirements specified herein. |
(Ord. 109-1977. Passed 11-21-77.)
1183.02 OFF-STREET PARKING SPACE LAYOUT; STANDARDS, CONSTRUCTION AND MAINTENANCE.
Whenever the off-street parking requirements in Section 1183.01 require the building of an off-street parking facility, or where P-1 Vehicular Parking Districts are provided, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:
(a) No parking lot shall be constructed unless and until a permit therefor is issued by the Building Inspector. Applications for a permit shall be submitted to the Building Department in such form as may be determined by the Building Inspector and shall be accompanied with two sets of site plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.
(Ord. 82-1970. Passed 11-2-70.)
(b) Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements:
Parking Pattern | Maneuvering Lane Width | Parking Space Width | Parking Space Length | Total Width of One Tier of Spaces Plus Maneuvering Lane | Total Wdith of Two Tiers of Spaces Plus Maneuvering Lane |
0 degrees parallel parking | 12 ft. | 8 ft. | 28 ft. | 20 ft. | 28 ft. |
30 to 53 degrees | 12 ft. | 9 ft. | 20 ft. | 32 ft. | 59 ft. |
54 to 74 degrees | 15 ft. | 9 ft. | 20 ft. | 36 ft. | 60 ft. |
75 to 90 degrees | 20 ft. | 9 ft. | 20 ft. | 44 ft. | 64 ft. |
(Ord. 110-1977. Passed 11-21-77.)
(c) All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.
(d) Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shalL be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than single-family residential use shall not be across land zoned for single-family residential use.
(e) All maneuvering land widths shall permit one-way traffic movement, except that the ninety degree pattern may permit two-way movement.
(Ord. 82-1970. Passed 11-2-70.)
(f) Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be placed at least twenty-five feet measured along the street right-of-way line from adjacent property located in any single-family residential use. Such entrances and exits shall be provided with an adequate apron as approved by the Site Plan Review Committee. (Ord. 110-1977. Passed 11-21-77.)
(g) The off-street parking area shall be provided with a continuous and obscuring wall not less than four feet six inches in height measured from the surface of the parking area. This wall shall be provided on all sides where the next zoning district is designated as a residential district.
When a front yard setback is required, all land between such wall and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.
(h) The entire parking area, including parking spaces and maneuvering lanes, required under this section shall be provided with asphaltic or concrete surfacing in accordance with specifications approved by the City Engineer. The parking area shall be surfaced within one year of the date the occupancy permit is issued.
(i) Off-street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings or onto any public roadway, street or alley.
(j) All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.
(k) In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than ten feet from such alley line in order to permit a wider means of access to the parking area.
(l) The Planning Commission, upon application by the property owner of the off-street parking area, may modify the yard or wall requirements where, in unusual circumstances, no good purpose would be served by compliance with the requirements of this section.
(Ord. 82-1970. Passed 11-2-70.)
(m) All parking spaces shall be provided with bumper blocks or curbs three feet from the exterior dimensions of the off-street parking lot or from the setback requirements.
(Ord. 110-1977. Passed 11-21-77.)
1183.03 OFF-STREET LOADING AND UNLOADING.
On the same premises with every building, structure or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated rights of way. Such space shall be provided as follows:
(a) All spaces shall be provided as required in Section 1177.01, under Minimum Rear Yards (footnote (h)), except as hereinafter provided for "I" Districts.
(b) Within an "I" District all spaces shall be laid out in the dimension of at least ten by fifty feet, or 500 square feet in area, with a clearance of at least fourteen feet in height. Loading dock approaches shall be provided with a pavement having an asphaltic or Portland cement binder so as to provide a permanent, durable and dustless surface. All spaces in I-1 and I-2 Districts shall be provided in the following ratio or spaces to floor area:
Gross Floor Area (In Square Feet) | Loading and Unloading Space Required |
0 - 1,400 | None |
1,401 - 20,000 | One space |
20,001 - 100,000 | One space plus one space for each 20,000 square feet in excess of 20,001 square feet. |
100,001 and over | Five Spaces |
(c) All loading and unloading in an "I" District shall be provided off-street in the rear yard or interior side yard, and shall in no instance be permitted in a front yard. In those instances where exterior side yards have a common relationship with an industrial district across a public thoroughfare, loading and unloading may take place in the exterior side yard when the setback is equal to at least fifty feet.
(Ord. 82-1970. Passed 11-2-70.)
1185.01 GENERAL PROVISIONS.
(a) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near floodprone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
(b) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 74-2008. Passed 6-16-08.)
(Ord. 74-2008. Passed 6-16-08.)
1185.02 LANDS TO WHICH THESE REGULATIONS APPLY.
These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Massillon as identified in Section 1185.03, including any additional areas of special flood hazard annexed by City of Massillon.
(Ord. 74-2008. Passed 6-16-08.)
1185.03 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
For the purposes of these regulations, the following studies and/or maps are adopted:
(a)
Flood Insurance Study, Stark County, Ohio and Incorporated Areas effective September 29, 2011.
(b) Flood Insurance Rate Map, Stark County, Ohio and Incorporated Areas effective September 29, 2011.
(Ord. 82-2011. Passed 7-5-11.)
(c) Flood Hazard and Floodway Map, City of Massillon, Ohio, Stark County effective July 5, 1982.
(d) Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
(e) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Massillon as required by Section 1185.10(c), Subdivisions and Large Developments.
Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Building Department at 151 Lincoln Way East, Massillon, Ohio 44646.
(Ord. 74-2008. Passed 6-16-08.)
1185.04 ABROGATION AND GREATER RESTRICTIONS.
These regulations are not intended to repeal any existing ordinances (resolutions) including Subdivision Regulations, Zoning or Building Codes. In the event of a conflict between these regulations and any other ordinance (resolution), the more restrictive shall be followed. These regulations shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.
(Ord. 74-2008. Passed 6-16-08.)
1185.05 INTERPRETATION.
In the interpretation and application of these regulations, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and,
(c) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
(Ord. 74-2008. Passed 6-16-08.)
(Ord. 74-2008. Passed 6-16-08.)
1185.06 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Massillon, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
(Ord. 74-2008. Passed 6-16-08.)
(Ord. 74-2008. Passed 6-16-08.)
1185.07 SEVERABILITY.
Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 74-2008. Passed 6-16-08.)
1185.08 DEFINITIONS.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(a) Accessory Structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) Appeal. A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.
(c) Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.
(d) Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
(e) Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
(f) Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(g) Enclosure Below the Lowest Floor. See "Lowest Floor."
(h) Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
(i) Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.
(j) Fill. A deposit of earth material placed by artificial means.
(k) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(l) Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
(m) Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
(n) Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
(1) Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
(2) Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
(3) Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
(4) Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
(5) Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
(6) Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
(7) Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.
(o) Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
(p) Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation plus 1 foot of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.
(q) Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(r) Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
(s) Historic structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
(4) Individually listed on the inventory of historic places maintained by City of Massillon's historic preservation program, which program is certified by the Ohio Historic Preservation Office.
(t) Hydrologic and hydraulic engineering analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(u) Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
(1) Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
(3) Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(v) Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
(w) Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(x) Manufactured home park. As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
(y) National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(z) New construction. Structures for which the "start of construction" commenced on or after the initial effective date of the City of Massillon Flood Insurance Rate Map, July 5,1982, and includes any subsequent improvements to such structures.
(aa) Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the General Assembly, the Controlling Board, the Adjutant General's Department, or any court.
(bb) Recreational vehicle. A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self-propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(cc) Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Ohio Revised Code.
(dd) Registered Professional Engineer. A person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.
(ee) Registered Professional Surveyor. A person registered as a professional surveyor under Chapter 4733 of the Ohio Revised Code.
(ff) Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood-prone and designated from other federal, state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood-prone soils associated with a watercourse.
(gg) Start of Construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
(hh) Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(ii) Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(jj) Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
(1) Any improvement to a structure that is considered "new construction,"
(2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".
(kk) Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.
(ll) Violation. The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 74-2008. Passed 6-16-08.)
(Ord. 74-2008. Passed 6-16-08.)
1185.09 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The City Engineer is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. (Ord. 11-2013. Passed 2-4-13.)
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(c) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1185.03, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential floodproofed structure as required in Section 1185.10(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1185.10(d)(5) are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1185.10(i)(1).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1185.10(i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1185.10(i)(1).
F. Generation of base flood elevation(s) for subdivisions and large-scale developments as required by Section 1185.10(c).
(6) A floodplain development permit application fee set by the schedule of fees adopted by the City of Massillon.
(e) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1185.09(d) has been received by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(f) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(g) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of Section 1185.09(j)(1), a Letter of Map Revision.
(h) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1185.11 of these regulations.
(i) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
(2) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
(3) Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
(4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
(5) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(j) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Massillon flood maps, studies and other data identified in Section 1185.03 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to submit new technical data.
A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
4. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1185.10(c).
B. It is the responsibility of the applicant to have technical data, required in accordance with Section 1185.09(j)(1), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
1. Proposed floodway encroachments that increase the base flood elevation; and
2. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1185.09(j)(1)A.
(2) Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the City of Massillon, and may be submitted at any time.
(3) Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Massillon have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Massillon Flood Insurance Rate Map accurately represent the City of Massillon boundaries, include within such notification a copy of a map of the City of Massillon suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Massillon has assumed or relinquished floodplain management regulatory authority.
(k) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
A. Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1185.11, Appeals and Variances.
(5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(l) Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 74-2008. Passed 6-16-08.)
(Ord. 74-2008. Passed 6-16-08.)
1185.10 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
(a) Use Regulations.
(1) Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Massillon are allowed provided they meet the provisions of these regulations.
(2) Prohibited uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(c) Subdivisions and Large Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
(d) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1185.10(d).
(8) In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
(e) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1185.10(d)(1) - (3) and (5) - (8).
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1185.10(e)(2)A. and B.
(3) Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(f) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
2. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
5. Concurrence of the Mayor of City of Massillon and the Chief Executive Officer of any other communities impacted by the proposed actions.
(2) Development in riverine areas with base flood elevations but no floodways.
A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
(3) Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with City of Massillon specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1185.09(j)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 74-2008. Passed 6-16-08.)
1185.11 APPEALS AND VARIANCES.
(a) Appeals Board Established.
(1) The City of Massillon Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established City Code.
(2) Records of the Appeals Board shall be kept and filed in the Building Department at 151 Lincoln Way East, Massillon, Ohio 44646.
(b) Powers and Duties.
(1) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
(c) Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within 10 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(1) Application for a variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
C. All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the City of Massillon.
(2) Public hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
A. The danger that materials may be swept onto other lands to the injury of others.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
D. The importance of the services provided by the proposed facility to the community.
E. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
F. The necessity to the facility of a waterfront location, where applicable.
G. The compatibility of the proposed use with existing and anticipated development.
H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
I. The safety of access to the property in times of flood for ordinary and emergency vehicles.
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
Variances shall only be issued upon:
A. A showing of good and sufficient cause.
B. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
D. A determination that the structure or other development is protected by methods to minimize flood damages.
E. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
(3) Other conditions for variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1185.11(2)A. to K. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(e) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The Administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(f) Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Stark Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 74-2008. Passed 6-16-08.)
1185.12 ENFORCEMENT.
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1185.09(i)
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1185.12(c).
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1185.12(c).
(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefor and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(c) Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a first degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Massillon. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Massillon from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Massillon shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 74-2008. Passed 6-16-08.)
1185.13 ADOPTION.
This chapter shall take effect from and after the earliest period allowed by law and replaces Ordinance No. 226-1993, which is hereby repealed.
(Ord. 74-2008. Passed 6-16-08.)
1187.01 CELLULAR OR WIRELESS COMMUNICATIONS SYSTEMS AND TOWERS, COMMERCIAL TELEVISION AND RADIO TOWERS, PUBLIC UTILITY MICROWAVES AND PUBLIC UTILITY T.V. TRANSMITTING TOWERS.
(a) Radio and television towers, public utility microwaves and public utility T.V. transmitting towers and their attendant facilities shall be permitted in I-1 and I-2 Districts and on public or quasi-public property in non-industrial districts provided such use shall be located centrally on a continuous parcel of not less than one and one-half times the height of the tower measured from the base of the tower to all points on the property line.
(b) Cellular or wireless communications towers, antenna, communications systems, or wireless communications systems and their attendant facilities shall be permitted in I-1 and I-2 Districts and on public or quasi-public property in non-industrial districts provided such use shall be located centrally on a continuous parcel of not less than one and one-half times the height of the tower measured from the base of the tower to all points on the property line.
(Ord. 143-2007. Passed 1-7-08.)
1187.02 PLANT MATERIALS.
(a) Greenbelt. Whenever in the Zoning Ordinance a greenbelt or planting is required, it shall be planted within six months from the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials to provide a screen to abutting properties. Suitable materials equal in characteristics to the plant materials listed with the spacing as required shall be provided.
(1) Plant materials shall not be placed closer than four feet from the fence line or property line.
(2) Where plant materials are placed in two or more rows, plantings shall be staggered in rows.
(3) Evergreen trees shall be planted not more than thirty feet on centers, and shall be not less than five feet in height.
(4) Narrow evergreens shall be planted not more than six feet on centers, and shall be not less than three feet in height.
(5) Tree-like shrubs shall be planted not more than ten feet on centers, and shall be not less than four feet in height.
(6) Large deciduous shrubs shall be planted not more than four feet on centers, and shall not be less than six feet in height.
(7) Large deciduous trees shall be planted not more than thirty feet on centers, and shall be not less than eight feet in height.
(b) Trees Not Permitted.
(1) Box Elder.
(2) Soft Maples (Red-Silver).
(3) Elms.
(4) Poplars.
(5) Willows.
(6) Horse Chestnut (nut bearing).
(7) Tree of Heaven.
(8) Catalpa.
(See Appendix K for suggested plant materials.)
(Ord. 82-1970. Passed 11-2-70.)
1187.03 SIGNS.
(EDITOR'S NOTE: Former Section 1187.03 was repealed by Ordinance 47-1989, passed April 17, 1989. See Chapter 1188 for the current sign regulations.)
1187.04 EXTERIOR LIGHTING.
(a) All outdoor lighting in all Use Districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences.
(b) All outdoor lighting in all Use Districts shall be directed toward and confined to the ground areas of lawns or parking lots.
(c) All lighting in non-residential districts used for the external illumination of buildings, so as to feature such buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent highways or adjacent property.
(d) Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property.
(e) All illumination of signs and any other outdoor feature shall not be of a flashing, moving or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.
(Ord. 82-1970. Passed 11-2-70.)
1187.05 RESIDENTIAL ENTRANCEWAY.
In all Residential Districts, so called entranceway structures including but not limited to walls, columns and gates marking entrances to single family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in Section 1187.06, provided that such entranceway structures shall comply to all codes of the City, and shall be approved by the Building Department and a permit issued.
(Ord. 82-1970. Passed 11-2-70.)
1187.06 CORNER CLEARANCE.
No fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between such right-of-way lines at a distance along each line of twenty-five feet from their point of intersection.
(Ord. 82-1970. Passed 11-2-70.)
1187.07 WALLS.
(a) For those Use Districts and uses listed below there shall be provided and maintained on those sides abutting or adjacnt to a residential district an obscuring wall as required below, except otherwise required in subsection (d) hereof.
USE | REQUIREMENTS |
P-1 Vehicular Parking District | 4'6" high wall. |
Off-street Parking Area (Other than P-1 Districts) | 4'6" high wall. |
B-1, B-2, B-3, O-1 and O-2 Districts | 4'6" high wall. |
I-1 and I-2 Districts - open storage areas, loading or unloading areas, service area | 4'6" to 8' high wall or fence. (Height shall provide the most complete obscuring possible.) See Section 1129.06(d) and subsection (d) hereof.) |
Auto laundries Drive-in restaurants | 6'0" high wall. |
Hospital - ambulance and delivery areas. | 6'0" high wall. |
Utility buildings, stations and/or substations | 6'0" high wall. |
(b) Required walls shall be located on the lot line except where underground utilities interfere and except in instances where the Zoning Ordinance requires conformance with front yard setback lines in abutting Residential Districts. Upon review of the site plan, the Planning Commission may approve an alternate location for the wall or may waive the wall requirement if in specific cases it would not serve the purposes of screening the parking area effectively. Required walls may, upon approval of the Board of Zoning Appeals, be located on the opposite side of an alley right of way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the Board in reviewing such request.
(c) (1) Such walls and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in the Zoning Ordinance and except such openings as may be approved by the Chief of Police and the Building Inspector. All walls herein required shall be constructed of materials approved by the Building Inspector to be durable, weather resistant, rust proof and easily maintained; and wood or wood products shall be specifically excluded.
(2) Masonry walls may be constructed with openings which do not in any square section (height and width) exceed twenty percent (20%) of the surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the Building Inspector.
(d) The requirement for an obscuring wall between off-street parking areas, outdoor storage areas, and any abutting residential district shall not be required when such areas are located more than 200 feet distant from such abutting residential district.
(e) The Board of Zoning Appeals may waive or modify the foregoing requirements where cause can be shown that no good purpose would be served, provided that in no instance shall a required wall be permitted to be less than four feet six inches in height, except where Section 1187.06 applies.
(1) In consideration of request to waive wall requirements between nonresidential and residential districts, the Board shall refer the request to the Planning Commission for a determination as to whether or not the residential district is considered to be an area in transition and will become nonresidential in the future.
(2) In such cases as the Planning Commission determines the residential district to be a future nonresidential area, the Board may temporarily waive wall requirements for an initial period not to exceed twelve months. Granting of subsequent waivers shall be permitted, provided that the Planning Commission shall make a determination as hereinbefore described, for each subsequent waiver prior to the granting of such waiver by the Board.
(Ord. 82-1970. Passed 11-2-70.)
1187.08 RESIDENTIAL FENCES.
Fences are permitted, or required subject to the following:
(a) Fences on all lots of record in all residential districts which enclose property and/or are within a required side or rear yard, shall not exceed six feet in height, measured from the surface of the ground, and shall not extend toward the front of the lot nearer than the front of the house or the required minimum front yard, or whichever is greater.
(b) Recorded lots having a lot area in excess of two acres and a frontage of at least 200 feet, and acreage or parcels not included within the boundaries of a recorded plat, in all residential districts, are excluded from these regulations.
(c) Fences on lots of record shall not contain barbed wire, electric current or charge of electricity.
(d) Fences which enclose public or institutional parks, playgrounds or public landscaped areas, situated within an area developed with recorded lots shall not exceed eight feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than twenty-five percent (25%) of their total area.
(Ord. 82-1970. Passed 11-2-70.)
1187.09 SITE PLAN REVIEW.
(a) There is hereby established a Site Plan Review Committee which shall consist of the Mayor, the Safety-Service Director, City Engineer, Planning Director, Building Inspector and Associate City Planner. An affirmative vote of three members shall be necessary for approval of the Site Plan. The Site Plan Review Committee, at its discretion, may refer the site plan to the Planning Commission for action. A Site Plan shall be submitted to the Site Plan Review Committee for approval of:
(1) Any use or development for which the submission of a site plan is required by any provision of the Zoning Ordinance.
(2) Any development, except single-family and two-family residential for which off-street parking areas are provided as required in Section 1183.01.
(3) Any use in an RM-1, RM-2, O-1, O-2, B-1, B-2, B-3, I-1 or I-2 District lying contiguous to, or across a street from a single-family residential district.
(4) Any use except single or two-family residential which lies contiguous to a major thoroughfare or collector street.
(5) All residentially related uses permitted in single-family districts such as, but not limited to: churches, schools and public facilities.
(6) Building additions or accessory buildings shall not require Site Plan Review Committee review unless off-street parking in addition to that already provided on the site is required.
(b) Every site plan submitted to the Site Plan Review Committee shall be in accordance with the requirements of the Zoning Ordinance. No site plan shall be approved until same has been reviewed by the Building Department in coordination with the Fire Department and the Police Department, for compliance with the standards of the respective departments.
(Ord. 143-1971. Passed 2-7-72.)
(c) The following information shall be included on the site plan:
(1) The scale of the site plan shall be determined by the following schedule:
A. If subject property is under five acres in area, the scale shall not be less than 1" = 20'.
B. If subject property is five to ten acres in area, the scale shall not be less than 1" = 50'.
C. If subject property is over ten acres in area, the scale shall not be less than 1" = 100'.
(2) Date, northpoint and scale.
(3) The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.
(4) The location of all existing and proposed structures on the subject property and all existing structures with 100 feet of the subject property.
(5) The location of all existing and proposed drives and parking areas.
(6) The location and right-of-way widths of all abutting streets and alleys.
(7) The names and addresses of the architect, planner, designer, engineer or person responsible for the preparation of the site plan.
(Ord. 82-1970. Passed 11-2-70.)
(d) In the process of reviewing the site plan, the Site Plan Review Committee shall consider:
(1) The location and design of driveways providing vehicular ingress and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.
(2) The traffic circulation features within the site and location of automobile parking areas; and make such requirements with respect to any matters as will assure:
A. Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets.
B. Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.
(3) The Site Plan Review Committee may further require landscaping fences and walls in pursuance of these objectives and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.
(4) In those instances wherein the Site Plan Review Committee finds that an excessive number of ingress and/or egress points may occur with relation to major or secondary thoroughfares, thereby diminishing the carrying capacity of the thoroughfare, the Site Plan Review Committee may recommend marginal access drives. For a narrow frontage, which will require a single outlet, the Site Plan Review Committee may recommend that money in escrow be placed with the Municipality so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided, or moneys have been deposited with the City.
(Ord. 143-1971. Passed 2-7-72.)
1187.10 FRONTAGE ON A PUBLIC STREET.
No lot shall be used for any purpose permitted by the Zoning Ordinance unless such lot abuts a public street, unless otherwise provided for in the Zoning Ordinance.
(Ord. 82-1970. Passed 11-2-70.)
1187.11 ACCESS TO MAJOR THOROUGHFARE OR COLLECTOR STREET.
For uses making reference to this section, vehicular access shall be provided only to an existing or planned major thoroughfare, freeway service drive or collector street. Provided, however, that access driveways may be permitted to other than a major thoroughfare, freeway service drive or collector street where such access is provided to a street where the property directly across the street from such driveway and all property abutting such street between the driveway and the major thoroughfare, freeway service drive or collector street is zoned for multiple-family use or any nonresidential uses, is developed with permanent uses other than single-family residences or is an area which, in the opinion of the Planning Commission, will be used for other than single-family purposes in the future. This exception shall only apply if the Planning Commission finds that there are special circumstances which indicate that there will be a substantial improvement in traffic safety by reducing the number of driveways to a thoroughfare.
(Ord. 82-1970. Passed 11-2-70.)
1187.12 RESIDENTIAL SOCIAL SERVICE FACILITIES.
In order to promote a greater choice of noninstitutional housing, to provide opportunities for potential facility residents, to avoid over-concentration of Residential Social Service Facilities, and to establish the suitability of the requested use at the proposed location, all Residential Social Service Facilities shall be subject to the following regulations:
(a) Such a facility shall be architecturally compatible with other residential dwellings in the immediate neighborhood and shall maintain the same degree of compatibility in the future. An improvement required by Building Codes for access to or exit from the building shall not be deemed incompatible merely because surrounding buildings lack such facilities.
(b) Such a facility shall require no special off-street parking facilities.
(c) Such a facility shall generate no traffic unreasonably greater in volume or different in nature than would otherwise normally occur in the neighborhood in which it is located.
(d) Such a facility shall be occupied by no more than sixteen residents, exclusive of staff, limited by the size of the existing or proposed building and its allocation of space for sleeping quarters.
(e) Such a facility shall utilize for resident sleeping no more than thirty-five percent (35%) of the minimum net floor area for sleeping quarters.
(f) No identification sign other than required house numbers shall be erected on such a facility.
(g) Such a facility shall be located no closer to another Residential Social Service Facility; to any institution similar in nature but occupied by more than sixteen residents; or to a nursing home, rest home, or home for the aging; than 2,500 feet measured on a straight line radius from the building so used to the building proposed to be used.
(h) Such a facility shall be located in an eligible census tract. A census tract shall be eligible for such location if it contains less than two Residential Social Service Facilities, or if the proportion of the number of Residential Social Service Facilities to the number of households in that census tract is less than the City-wide proportion of the total number of Residential Social Services Facilities to the total number of households. The number of households shall be as most recently reported by the U.S. Census Bureau.
(i) Such a facility, prior to occupancy and continuously thereafter, shall:
(1) Be licensed or certified by a Federal, State or local agency which requires screening potential applicants.
(2) Be licensed as a rooming house in accordance with Section 1357.02 et seq.
(3) Comply with all applicable City Code requirements.
(Ord. 163-1984. Passed 12-17-84.)
1187.13 SOLID WASTE DISPOSAL AND TREATMENT FACILITIES.
(a) For purposes of this section, the language "solid waste disposal facility" includes, but is not necessarily limited to: a solid waste, medical waste or toxic waste disposal facility, a solid waste, medical waste or toxic waste treatment facility; or similar facilities, and including but not limited to contaminated soils disposal sites and incinerators. Notwithstanding any language "solid waste disposal facility" does not include: any solid waste transfer station, or similar facility, to be constructed by, and operated by, a political subdivision of the State of Ohio; any medical waste disposal facility which will dispose of only medical waste generated on the same premises as the disposal facility; or any medical waste treatment facility which will treat only medical waste generated on the same premises as the treatment facility.
(b) Notwithstanding any provisions within these Codified Ordinances to the contrary no solid waste disposal facility shall be constructed within the corporate limits of the City, and any such construction is hereby expressly prohibited.
(c) The lawful use of any building, structure, land or premises as a solid waste disposal facility at the time of the effective date of this section constitutes a non-conforming use and may be continued as a nonconforming use. No solid waste disposal facility lawfully existing at the time of the effective date of this section shall be expanded, and any such expansion is hereby expressly prohibited.
(Ord. 216. Passed 12-7-92.)
1187.14 PRINCIPLE USES PERMITTED SUBJECT TO SPECIAL CONDITIONS.
(a) Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:
(1) There shall be a minimum distance of not less than ten feet, between the adjoining property line, or alley right of way and the outside of the pool wall. Side yard setbacks shall apply to side yards if greater than ten feet.
(2) There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.
(3) Swimming pools shall be located no less than thirty-five feet from any front lot line.
(4) No swimming pool shall be located in an easement.
(5) For the protection of the general public, swimming pools shall be completely enclosed by a fence not less than six feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods. Provided, however, that if the entire premises of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval.
(Ord. 103-99. Passed 6-7-99.)
A. For the protection of the general public, in-ground swimming pools shall be completely enclosed by a fence not less than four feet in height. The gates shall be a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods. Provided, however, that if the entire premises of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval.
B. Above ground swimming pools with a pool wall height of four feet or greater measured from the surrounding grade and having a fold-up or removable ladder, shall not require fencing.
(Ord. 123-2002. Passed 7-15-02.)
(6) A pool shall not be located less than twenty feet vertically, horizontally or diagonally to any overhead power lines or poles.
(Ord. 218-2000. Passed 11-20-00.)
(b) Family homes licensed under Ohio R.C. 5123.19, subject to the provisions of Section 1187.12.
(c) Accessory buildings and uses customarily incident to any of the above permitted uses. (Ord. 103-1999. Passed 6-7-99.)
1187.15 BED AND BREAKFAST REGULATIONS.
(a) Purpose. The purpose of Bed and Breakfast regulations is to provide for an alternative type of lodging for visitors, and to provide for the preservation and adaptive reuse of older structures and historic landmarks.
(b) Definitions.
(1) “Bed and Breakfast Home” means an owner-occupied dwelling unit that is at least fifty years old or is a designated City of Massillon historic landmark, and contains no more than four guest-rooms, where short-term lodging, with or without meals, is provided for compensation. The operator of the home shall reside on the premises. Food service may only be provided to overnight guests of a Bed and Breakfast Home and shall be limited to breakfast only and is to be served between the ours of 5:00 a.m. to 12:00 noon. Breakfast is defined as a meal at which only non-hazardous food products are served (hazardous foods are defined as those containing eggs, milk, meat, poultry, fish, and gravies) and may include pre-wrapped individual portions of non-hazardous food items such as rolls, crackers, jellies, along with coffee, juice, and commercially prepared sweet rolls. Activities including luncheons, banquets, parties, weddings, charitable fund raising, commercial or advertising activities or other gatherings for direct or indirect compensation, are prohibited at a Bed and Breakfast Home.
(2) “Bed and Breakfast Inn” means a structure that is at least fifty years old or is a designated City of Massillon historic landmark, and contains no more than ten guest-rooms, where short-term lodging, with or without meals, is provided for compensation. Limited social functions such as receptions and private parties, with or without food service may also be provided. However, this definition shall not permit the operation of a restaurant for customers other than the occupants of the guest-rooms and their guests, or the invitees to the reception or private parties. The operator of the inn shall reside on the premises. If a Bed and Breakfast Inn provides food service to the general public, other than its overnight guests, it must be licensed under the Massillon City Health Department food service license regulations.
(c) Appearance. No alteration of the exterior of the residential dwelling, accessory building, or yard that alters the residential character of the premises is permissible. Examples of such prohibited alterations include paving of required setbacks and installation of commercial-type exterior lighting.
(d) Spacing Requirements. In all one-family residential zones, a Bed and Breakfast Home shall be limited to one per block face. Block face shall mean properties which front on one side of a street, and lie between two intersecting streets.
(e) Length of Stay and Rates. Length of stay of a guest shall not exceed fourteen consecutive days. Room rental rates shall be based on daily rental rates only.
(f) Parking Requirements. Off-street parking shall be provided at the rate of two spaces plus one space per guest room. Additionally, the following requirements shall apply:
(1) In all residential zones, the front setback area shall not be used for parking, except on existing driveways.
(2) Bed and Breakfast Inns which provide for limited social functions must provide at least fifteen off-street parking spaces. The entire parking requirement, except for handicapped parking spaces, may be provided off-site, subject to written agreement of the owner of the off-site parking area assuring continued availability of the required parking.
(g) Signage. Signage shall identify rather than advertise, the establishment. Within residential districts, signs shall be limited to one per establishment per street frontage and be limited to:
(1) A ground sign not exceeding two sq. ft. in area and three ft. in height, or
(2) A wall sign not exceeding two sq. ft. in area.
In all other zones signs shall be regulated by Chapter 1188, Sign Regulations of the Zoning Ordinance.
(h) Health Requirements. Food service and other health requirements shall meet all applicable State of Ohio, Stark County, and Massillon City Health Department regulations.
(i) Fire Safety. The facility must meet fire safety requirements of the City of Massillon.
(j) Inspections. All Bed and Breakfast Homes and Bed and Breakfast Inns shall be inspected by all applicable agencies prior to occupancy, and shall be subject to an annual inspection by all applicable agencies.
(k) Licenses.
(1) All Bed and Breakfast Homes shall be required to have a city rooming house license.
(2) All Bed and Breakfast Inns shall be required to have a city rooming house license and a city food service license.
(Ord. 1-2003. Passed 2-18-03.)
1187.16 FREE STANDING WINDMILL REGULATIONS.
(a) Definitions. Certain terms are defined for the purpose of this section as follows:
(1) Small wind energy system: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 150 kW and which is intended to reduce on-site consumption of utility power.
(2) Nacelle: The enclosure located at the top of a wind turbine to tower that houses the gear box, generator and other equipment.
(3) Power center: Serves as the central connection point for the electrical components in the system and provides a number of necessary control functions.
(4) Rotor: The rotating part of a turbine, including the blades.
(5) Tower: The support structure, including guyed, monopole and lattice types, upon which a wind turbine or other mechanical devise is mounted.
(6) Tower height: The height of the tower, measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position along the vertical axis of the tower.
(7) Wind turbine: A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, power center and a rotor with two or more blades.
(b) Small Wind Energy Systems.
(1) It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity. A small wind energy system may be permitted in any zoning district as a conditionally permitted use.
(2) No person shall cause, allow or maintain the use of a small wind energy system without first having obtained a conditional zoning certificate from the Board of Zoning Appeals. Application for a conditional zoning certificate shall be submitted to the Board of Zoning Appeals in accordance with Chapter 1129.
(c) District Regulations. Small wind energy systems shall meet the following requirements:
(1) Primary purpose shall be to provide power for the principal and accessory uses of the property and not for the generation of power for commercial sale.
(2) Minimum lot size of two (2) acres.
(3) One small wind energy system tower per lot or parcel.
(4) Small wind energy system shall be located only in the rear yard area.
(5) Maximum height shall be 80 feet, measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position measured along the vertical axis of the tower.
(6) Minimum setback from all property lines, structures, and above ground utility lines shall be no less than 110 percent of the tower height.
(7) Anchor points for guy wires for the tower shall be located no closer than 25 feet to the property lines and not on or across any above ground electric transmission or distribution lines.
(8) Minimum height from the base of the tower to the lowest part of the blade tip or rotor system shall be 12 feet.
(9) Tower and blade color shall be white or light gray.
(10) Lighting of the tower for aircraft and helicopters shall conform with Federal Aviation Administration standards for wattage and color, when applicable.
(11) The tower shall have either:
A. Tower climbing apparatus located no closer than 12 feet to the ground level at the base of the structure;
B. A locked anti-climb device installed on the tower; or
C. Shall be completely enclosed with a locked fence at least six feet in height to prevent uncontrolled access from unauthorized personnel.
(12) A sign shall be posted at the base of the tower warning of electrical shock or high voltage.
(13) An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.
(14) All small wind energy systems must separately comply with Massillon Building Department regulations (building, mechanical, electrical, etc.)
(15) All small wind energy systems shall be installed, operated and maintained per the manufacturer’s instructions, including compliance with Ohio EPA regulations regarding storage and disposition of batteries and other hazardous materials.
(16) No variance shall be issued for the placement of a small wind energy system so close to a property line that it may result in any portion of the system to overhang, cross, or otherwise extend beyond the property line at any time, whether erect or in the event the system should fall or be toppled.
(17) Decommissioning and Restoration. Any small wind energy system which has reached the end of its useful life or has been abandoned shall be removed. A small wind energy system shall be considered abandoned when it fails to operate for one year. The applicant shall include the following information regarding decommissioning of the project and restoring the site when submitting the application for a conditional zoning certificate:
A. The anticipated life of the project;
B. The estimated decommissioning costs in current dollars;
C. The method and schedule for updating the costs of decommissioning and restoration;
D. The method of ensuring funds will be available for decommissioning and restoration; and
E. The anticipated manner in which the project will be decommissioned and the site restored.
(18) Site Plan requirement shall include, but not be limited to:
A. Property lines and physical dimensions of the site.
B. Location of small wind energy system tower, guy wires, setbacks from property lines, above- and under- ground utility lines, easements and any structures on the property. Also, show location of sewage treatment system, if applicable.
C. Location of signage.
D. Elevation of the proposed small wind energy system tower.
E. Location of trees within a 100-ft. radius of the proposed small wind energy system.
F. Manufacturer’s specifications, including make, model, and picture.
G. Scaled drawing prepared by a licensed engineer and/or surveyor, no smaller than 1: = 100'.
(Ord. 28-2009. Passed 3-16-09.)
1188.01 PURPOSE AND SCOPE.
(a) Purpose. The purpose of this chapter shall be to coordinate the type, placement, and physical dimensions of signs within the different land-use zones; to recognize the commercial communication requirements of all sectors of the business community; to encourage the inovative use of design; to promote both renovation and proper maintenance; to allow for special circumstances; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The use of signs is regulated according to zone. The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this chapter.
(b) Scope. This chapter shall not relate to building design. Nor shall the chapter regulate official traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; window displays; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government, or noncommercial organization; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display or construction not defined herein as a sign.
(Ord. 47-1989. Passed 4-17-89.)
(c) Philosophy of Sign Guidelines.
(1) To insure that the City of Massillon is provided with a means of developing qualitative and effective outdoor signs for the purposes of information and identity.
(2) To provide that every business and organization has not only the right, but an obligation to identify itself well.
(3) To provide the businesses in the City with equitable sign standards, based on the values of fair competition and aesthetic standards acceptable to the community.
(4) To provide the motoring public with a safe and effective means of easily reaching and identifying businesses, services, areas and points of interest in the City.
(Ord. 47-1989. Passed 4-17-89.)
1188.02 DEFINITIONS.
Certain terms are defined for the purposes of this chapter as follows:
(1) "Abandoned sign" means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
(2) "Animated sign" means any sign which uses movement or change of lighting to depict action or to create a special effect or scene. (Compare "Flashing Sign").
(3) "Area." (See "Sign, area of").
(4) "Awning" means a shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. (Compare "Marquee").
(5) "Awning sign" means a sign painted on, printed on, or attached flat against the surface of an awning.
(6) "Banner sign" means a sign made of fabric or any nonrigid material with no enclosing framework.
(7) "Billboard". (See "Off-Premise Sign").
(8) "Changeable copy sign" (automatic) means a sign on which the copy changes automatically on a lampbank or through mechanical means, e.g., electrical or electronic time and temperature units.
(9) "Changeable copy sign" (manual) means a sign on which copy is changed manually in the field, e.g., readerboards with changeable letters.
(10) "City". Unless the context clearly discloses a contrary intent, the word "City" means the City of Massillon, Ohio.
(11) "Clearance" (of a sign) means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
(12) "Construction sign" means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
(13) "Copy" means the wording on a sign surface in either permanent or removable letter form.
(14) "Directional/ information sign" means an on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs.
(15) "Double-faced sign" means a sign with two faces.
(16) "Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used.
(17) "Electronic message center". (See "Changeable copy sign, automatic").
(18) "Facade" means the entire building front including the parapet.
(19) "Face of sign" means the area of a sign on which the copy is placed.
(20) "Festoons" means a string of ribbons, tinsel, small flags, or pinwheels.
(21) "Flashing sign" means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs which, through reflection or other means, create an illusion of flashing of intermittent light. (Compare "Animated sign," "Changeable copy sign").
(22) "Freestanding sign" means a sign supported upon the ground by poles or braces and not attached to any building.
(23) "Frontage" means the length of the property line of any one premise along a public right-of-way on which it borders.
(24) "Frontage, building" means the length of an outside building wall on a public right-of-way.
(25) "Government sign" means any temporary or permanent sign erected and maintained by the City, County, State, or Federal Government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property or facility.
(26) "Height" (of a sign) means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (Compare "Clearance").
(27) "Identification sign" means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
(28) "Illegal sign" means a sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.
(29) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose illuminating the sign.
(30) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
(31) "Lot" means a parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record of survey map.
(32) "Maintenance" means for the purposes of this chapter, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of a sign.
(33) "Mansard" means a sloped roof or roof-like facade architecturally comparable to a building wall.
(34) "Marquee" means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. (Compare "Awning").
(35) "Marquee sign" means any sign attached to or supported by a marquee structure.
(36) "Nameplate" means a nonelectric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
(37) "Nonconforming sign" means:
A. A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.
B. A sign which does not conform to the sign code requirements but for which a special permit has been issued.
(38) "Occupancy" means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
(39) "Off-premise sign" means a sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which the sign is located, e.g. "billboards" or "outdoor advertising."
(40) "On-premise sign" means a sign which pertains to the use of the premises on which it is located.
(41) "Owner" means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Superintendent of Permits and Inspection, e.g., a sign leased from a sign company.
(42) "Painted wall sign" means any sign which is applied with paint or similar substance on the face of a wall.
(43) "Parapet" means the extension of a false front or wall above a roofline.
(44) "Person" means, for the purposes of this chapter, any individual, corporation, association, firm, partnership, or similarly defined interest.
(45) "Point of purchase display" means advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.
(46) "Pole cover" means covers enclosing or decorating poles or other structural supports of a sign.
(47) "Political sign" means, for the purposes of this chapter, a temporary sign used in connection with a local, State, or national election or referendum.
(48) "Premises" means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
(49) "Projecting sign" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
(50) "Real estate sign" means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.
(51) "Roofline" means the top edge of a roof or building parapet, whichever, is higher, excluding any cupolas, pylons, chimneys, or minor projections.
(52) "Roof sign" means any sign erected over or on the roof of a building. (Compare, "mansard," "wall signs").
(53) "Rotating sign" means a sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
(54) "Sign" means any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services.
(55) "Sign, area of"
A. Projecting and freestanding: The area of a freestanding or projecting sign shall have only one face (the largest one) of any double- or multi-faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one or two individual cabinets:
1. The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.
2. If the sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy.
B. Wall signs: The area shall be within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter. The combined areas of the individual figures shall be considered the total sign area.
(56) "Snipe sign" means a temporary sign or poster affixed to a tree, fence, etc.
(57) "Subdivision identification sign" means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
(58) "Superintendent of permits and inspection" means the Code Administrator of the City or his designated representative.
(59) "Temporary sign" means a sign not constructed or intended for long-term use.
(60) "Under-canopy sign" means a sign suspended beneath a canopy, ceiling, roof, or marquee.
(61) "Use" means the purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
(62) "Wall sign" means a sign attached parallel to and extending not more than twelve inches from the wall of a building. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard.
(63) "Window sign" means a sign installed inside a window and intended to be viewed from the outside.
(Ord. 47-1989. Passed 4-17-89.)
1188.03 GENERAL PROVISIONS.
It shall hereby be unlawful for any person to erect, place, or maintain a sign in the City of Massillon except in accordance with the provisions of this chapter.
(a) Signs Prohibited. The following types of signs are prohibited in all districts:
(1) Abandoned signs.
(2) Banners, pennants, festoons, searchlights (except as allowed in Section 1188.04)
(3) Signs imitating or resembling official traffic or government signs or signals.
(4) Snipe signs or signs attached to trees, telephone poles, public benches, streetlights, or placed on any public property or public right-of-way.
(5) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying such sign (This does not apply to allowed portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business)
(6) No billboards shall be erected or constructed in the City of Massillon unless such billboard is erected on a minimum of three acres of land with the closest structure of any kind on any side of the sign to be limited to 300 feet.
(7) No flashing signs shall be erected, constructed or maintained in the City of Massillon except time and temperature.
(8) No portable or free-standing sign not permanently anchored, affixed or secured to either a building or the ground except as otherwise permitted by this chapter.
(Ord. 47-1989. Passed 4-17-89.)
(b) Sign Permits Required. Unless otherwise provided by this chapter, all signs shall require permits and payment of fees as described in Section 1188.07(c). No permit is required for the maintenance of a sign. (Ord. 88-2010. Passed 10-4-10.)
(c) Signs Not Requiring Permits. The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this chapter.
(1) Signs used by churches, synagogues, or civic organizations.
(2) Construction signs of sixteen square feet or less.
(3) Directional/Information signs of eight square feet or less.
(4) Holiday or special events decorations.
(5) Nameplates of two square feet or less.
(6) Political signs.
(7) Public signs or notices, or any sign relating to an emergency.
(8) Real estate signs.
(9) Window signs.
(10) Incidental signs.
(d) Maintenance. All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The Superintendent of Permits and Inspection shall have the right under Section 1188.07
to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated, as defined in Ohio Basic Building Code.
(e) Lighting. Unless otherwise specified by this chapter, all signs may be illuminated. However, no sign regulated by this chapter may utilize:
(1) An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion.
(2) Any exposed incandescent lamp or excess of twenty-five watts unless a screen is attached or unless the sign is placed over ten feet above the ground.
(3) Any revolving beacon light.
(f) Changeable Copy. Unless otherwise specified by this chapter, any sign herein allowed may use manual or automatic changeable copy.
(g) Sign Contractor's License.
(1) No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs requiring permits without a valid contractor's license.
(2) License shall be issued annually. Any license issued during calendar year shall require the full year's license fee and shall be renewed before the end of that calendar year. The annual licensing fee shall be one hundred dollars ($100.00).
(h) Indemnification and Insurance. All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the City, its officers, agents, and employees, against any and all claims of negligence resulting from such work insofar as this chapter has not specifically directed the placement of a sign.
All persons involved in the maintenance, installation, alteration, or relocation of signs shall maintain all required insurance and shall file with the City a satisfactory certificate of insurance to indemnify the City against any form of liability to a minimum of three hundred thousand dollars ($300,000).
(Ord. 47-1989. Passed 4-17-89.)
1188.04 REGULATION OF ON-PREMISE SIGNS BY ZONE.
(a) The following signs are allowed in all zones:
(1) All signs not requiring permits.
(2) One construction sign for each street frontage of a construction project, not to exceed twenty-four square feet in sign area in residential zones or sixty-four square feet in sign area in all other zones. Such signs may be erected thirty days prior to beginning of construction and shall be removed fifteen days following completion of construction.
(3) One nonilluminated real estate or auction sign per lot or premise, not to exceed thirty-two square feet in sign area. Premises with more than one frontage shall be permitted one additional sign per additional frontage. Frontages exceeding 200 feet shall be permitted one sign for each full two hundred feet of frontage. Such signs must be removed fifteen days following sale, rental, auction or lease.
(4) One attached nameplate per occupancy, not to exceed two square feet in sign area.
(5) Political signs shall not be erected more than forty-five days prior to the election or referendum concerned and shall be removed seven days following such election or referendum. Political signs may be placed only on private property and only with the permission of the property owner.
(6) One directional/information sign per entrance or exit, not to exceed eight square feet in sign area or eight feet in height.
(Ord. 47-1989. Passed 4-17-89.)
(7) Three temporary special events signs and decorations per business as allowed by the Superintendent of Permits and Inspection for special events, grand openings, or holidays. Such signs and decorations may be erected seven days prior to a special event or holiday and shall be removed seven days following the event or holiday. For grand openings such signs may be used for no more than ten days. For special events, such signs may be used for no more than fourteen days. Special events shall not exceed four per year per business.
(Ord. 88-2010. Passed 10-4-10.)
(b) Signs Permitted In Residential Zones. Signs are allowed as follows in Residential Districts R-1 through RM-2 and PI Park and Institutional District.
(1) All signs as permitted in Section 1187.04(a) and (b).
(2) One subdivision identification sign per entrance per nieghborhood, subdivision, or development not to exceed sixteen square feet in sign area.
(3) One identification sign per entrance per apartment or condominium complex, not to exceed sixteen square feet in sign area.
(4) For permitted nonresidential uses, including churches and synagogues, one freestanding sign, not to exceed thirty-two square feet in sign area, and one wall sign not to exceed thirty-two square feet in sign area.
SPECIAL REGULATIONS FOR RESIDENTIAL ZONES ARE AS FOLLOWS:
(5) All allowed freestanding signs shall have a maximum height limit of eight feet and shall have a setback of ten feet from any public right-of-way.
(c) Signs Permitted in O-1 and O-2 Districts. Signs are allowed as follows in O-1 and O-2 Districts.
(1) All signs as permitted in Section 1187.04(a) and (b).
(2) One freestanding sign per premises, not to exceed two square feet in sign area for each linear foot of main street frontage up to a maximum of 200 square feet. Such signs may not exceed a height of thirty-five feet.
(3) One wall sign per occupancy, not to exceed four square feet in sign area for each linear foot of that occupancy's building frontage.
(4) One under-canopy sign per occupancy, not to exceed eight square feet in sign area.
(5) Incidental signs square footage area to be deducted from maximum limit of sign to which it is attached.
SPECIAL REGULATIONS AND ALLOWANCES O-1 AND O-2 DISTRICTS ARE AS FOLLOWS:
(6) Where an occupancy is on a corner or has more than one main street frontage, one wall sign and one additional freestanding sign will be allowed on the additional frontage, not to exceed the size of other allowed wall and freestanding signs.
(7) Freestanding and under-canopy signs shall have a setback of two feet from any vehicular public right-of-way and a minimum clearance of fourteen feet over any vehicular use area and eight and one-half feet over any pedestrian use area.
(d) Signs Permitted In General Business, Industrial Zonings, B-1, B-2, and I-1 and I-2 Districts. Signs are allowed as follows in B-1, B-2, and I-1 and I-2 Districts as follows:
(1) All signs as permitted in Section 1187.04 (a) and (b).
(2) One freestanding sign per premises, not to exceed three square feet in sign area for each linear foot of main street frontage up to a maximum of 300 square feet. Such signs shall not exceed a height of thirty-five feet.
(3) One wall sign per occupancy, not to exceed four square feet in sign area for each linear foot of that occupancy's building frontage.
(4) One roof sign per premises, not to exceed two square feet in sign area for each linear foot of main street frontage.
(5) One awning sign per occupancy not to exceed fifty percent (50%) of the surface area of an awning, or one marquee sign, not to exceed one square foot in sign area for each linear foot of marquee front and side.
(6) One under-canopy sign per occupancy, not to exceed eight square feet in sign area.
(7) Incidental signs square footage area to be deducted from maximum limit of sign to which it is attached.
SPECIAL REGULATIONS AND ALLOWANCES FOR COMMERCIAL AND INDUSTRIAL ZONES ARE AS FOLLOWS:
(8) Where an occupancy has more than one main street frontage, one additional wall sign and one additional freestanding sign are allowed on the additional frontage, not to exceed the size limitations of other allowed wall and freestanding signs.
(9) A projecting sign may be used instead of any allowed wall or freestanding sign, not to exceed a sign area of two square feet for each linear foot of an occupancy's building frontage up to a maximum of 200 square feet, and such sign shall not project over public right-of-way.
(10) All freestanding, projecting, awning, marquee, and under-canopy signs shall have a minimum setback of two feet from any vehicular public right-of-way, and a minimum clearance of fourteen feet over any vehicular use area and eight and one-half feet over any pedestrian use area.
(Ord. 47-1989. Passed 4-17-89.)
(e) Vertical Neighborhood Association Banners Permitted.
(1) Vertical banners may be suspended from lampposts or other utility poles in City neighborhoods for the purpose of identifying that specific locality in the City Access to lampposts or utility poles in the City’s right of way may be granted to nonprofit, neighborhood associations provided the owner of the pole gives written permission to the City.
(2) Applications for a permit shall be made by the neighborhood association sponsoring the banners to the Building Department. A permit fee of twenty dollars ($20.00) shall be charged for a maximum display of twenty banners. Banners may be permanently displayed provided that when damage and/or wear and tear occurs, the sponsoring association shall replace the banner in a reasonable amount of time. The City retains the right to remove any unsightly or damaged banners should the replacement guidelines be violated.
(3) The Building Department is authorized to adopt banner specifications, safety and aesthetic standards and other regulations to carry out the purpose of this section. (Ord. 24-2012. Passed 4-16-12.)
1188.05 NONCONFORMING SIGNS.
(a) Legal Nonconformity. Existing signs which do not conform to the specific provisions of this chapter may be eligible for the designation "legal nonconforming" provided that both of the following requirements are met:
(1) The Superintendent of Permits and Inspection determines that such signs are properly maintained and do not in any way endanger the public.
(2) The sign was covered by a valid permit or variance or complies with all applicable laws on the date of adoption of this chapter.
(b) Loss of Legal Nonconforming Status. A legal nonconforming sign may lose this designation if:
(1) The sign is relocated or replaced.
(2) The structure or size of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of copy or normal maintenance.
(c) Maintenance And Repair of Nonconforming Signs. The legal nonconforming sign is subject to all requirements of this code regarding safety, maintenance, and repair. However, if the sign suffers more than seventy-five percent (75%) appraised damage or deterioration, it must be brought into conformance with this chapter or removed.
(Ord. 47-1989. Passed 4-17-89.)
1188.06 CONSTRUCTION SPECIFICATIONS.
(a) Compliance With Building And Electrical Codes. All signs shall be constructed in accordance with the requirements of the Ohio Basic Building Code and the National Electrical Code.
(b) Anchoring.
(1) No sign shall be suspended by nonrigid attachments that will allow the sign to swing in a wind.
(2) All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.
(c) Wind Loads.
(1) Solid signs, other than wall signs, shall be designed to withstand a wind load of thirty pounds per square foot on any face, up to a sign height of thirty-five feet.
(2) Skeleton signs, other than wall signs, shall be designed to withstand a wind load of thirty pounds per square foot of the total face area of the letters and other sign surfaces, or thirty pounds per square foot of the gross area of the signs as determined by the overall dimensions of the sign, whichever is greater.
(d) Additional Construction Specifications.
(1) No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
(2) No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation, except that signs may be erected in front of any cover transom windows when not in violation of the provisions of the City Building or Fire Prevention Codes.
(3) Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than twelve inches horizontally or vertically from any conductor or public utility guy wire.
(Ord. 47-1989. Passed 4-17-89.)
1188.07 ADMINISTRATION AND ENFORCEMENT.
(a) Code Administrator.
(1) The Building Department is authorized to process applications for permits and variances, hold public hearings as required, and enforce and carry out all provisions of this chapter, both in letter and in spirit. The Building Department is authorized to promulgate regulations and procedures consistent with this function.
(2) The Building Department is empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the City for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.
(b) Application For Permits. Application for a permit for the erection, alteration, or relocation of a sign shall be made to the Superintendent of Permits and Inspection upon a form provided by the Superintendent of Permits and Inspection and shall include the following information:
(1) Name and address of the owner of the sign.
(2) Street address or location of the property on which the sign is to be located, along with the name and address of the property owner.
(3) The type of sign or sign structure as defined in this chapter.
(4) A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises.
(5) Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign.
(Ord. 47-1989. Passed 4-17-89.)
(c) Permit Fees. Every applicant, before being granted a sign permit, shall pay to the City a permit fee for each sign or other advertising structure regulated by this chapter, except those exempted by Section 1187.03(c) the fee schedule shall be fifty dollars ($50.00) base fee plus fifty cents ($0.50) of each one hundred dollars ($100.00) of the total cost of such sign. The total cost shall include, cost of sign, installation, and electrical installation if needed. Temporary/Special Event Signs, 1188.04, shall be thirty-five dollars ($35.00) per event. Non Profit Organizations are exempt with proof of 501 C3 certificate.
(Ord. 47-1989. Passed 4-17-89; Ord. 104-2010. Passed 10-4-10.)
(d) Issuance and Denial.
(1) The Building Department shall issue a permit and permit sticker for the erection, alteration, or relocation of a sign within five days of receipt of a valid application, provided that the sign complies with all applicable laws and regulations of the City. In all applications where a matter of interpretation arises, the more specific definition or higher standard shall prevail.
(2) When a permit is denied by the Building Department, he shall give a written notice to the applicant along with a brief statement of the reasons for denial. The Building Department may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.
(e) Permit Conditions, Refunds, and Penalties. If a permit is denied, the permit fee will be refunded to the applicant. (Ord. 47-1989. Passed 4-17-89.)
(1) A permit issued by the Building Department becomes null and void if work is not commenced within 180 days of issuance. If work authorized by the permit is suspended or abandoned for 180 days, the permit must be renewed with an additional payment of one-half of the original fee.
(2) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this chapter.
(Ord. 47-1989. Passed 4-17-89; Ord. 104-2010. Passed 10-4-10.)
(f) Inspection Upon Completion.
(1) Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the Building Department upon completion of the work. The Building Department may require a final inspection of footings on freestanding signs.
(2) The Building Department may require in writing upon issuance of a permit that it be notified for inspection prior to the installation of certain signs.
(g) Variances. In obtaining a permit, the applicant may apply to the Building Department for a variance from certain requirements of this chapter. A variance may be granted by the Zoning and Building Standards Board of Appeals where the literal application of this chapter would create a particular hardship for the sign user and the following criteria are met:
(1) A literal application of this chapter would not allow the property to be used at its highest and best use as zoned.
(2) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity.
(3) Hardship caused the sign user under a literal interpretation of this chapter is due to conditions unique to that property and does not apply generally to the City.
(4) The granting of the variance would not be contrary to the general objectives of this chapter.
In granting a variance, the Zoning and Building Standards Board of Appeals may attach additional requirements necessary to carry out the spirit and purpose of this chapter in the public interest.
(h) Violations. When, in the opinion of the Building Department, a violation of this chapter exists, the Building Department shall issue a written order to the alleged violator. The order shall specify those sections of this chapter of which the individual may be in violation and shall state that the individual has fifteen days from the date of the order in which to correct the alleged violation or to appeal to the Zoning and Building Standards Board of Appeals.
(1) If, upon inspection, the Building Department finds that a sign is abandoned or structurally, materially or electrically defective, or in any way endangers the public, the Building Department shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within thirty days of the date of the order.
(2) In cases of emergency, the Building Department may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety as defined in the Ohio Basic Building Code or the Massillon Traffic Code.
(i) Removal of Signs By The Building Department. The Building Department may cause the removal of an illegal sign in cases of emergency, or for failure to comply with the written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Building Department together with an additional ten percent (10%) for inspection and incidental costs.
(1) If the amount specified in the notice is not paid within thirty days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property together with a ten percent (10%) penalty for collection in the same manner as the real estate taxes.
(2) The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Building Department, as in the case of a leased sign.
(3) For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign.
(j) Penalties. Violations of the provisions of this chapter or failure to comply with any of its requirements, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00). Each day such violation continues shall be considered as a separate offense.
The owner or tenant of any building, structure, premises, or any part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(k) Order of Violations. If the Building Department finds that any of the provisions of this chapter are being violated, he shall notify the person responsible for such violation, indicating the nature and extent of the violation, he shall order a cessation of the violation or he shall take such action as authorized by this chapter to ensure that the use will comply with this chapter. After such an order is served and posted on the premises, no work, except to correct such violations and comply with this chapter, shall be permitted.
(l) Appeals.
(1) Any decision rendered by the Building Department in denying a permit or in alleging a violation of this chapter may be appealed to the Zoning and Building Standards Board of Appeals within ten days of such denial or allegation. Failure of the Building Department to respond to an application within five days shall be considered a rejection of such application.
(2) The action being appealed shall be held in abeyance pending the decision of the Board.
(Ord. 47-1989. Passed 4-17-89.)
1189.01 AREA, HEIGHT AND USE EXCEPTIONS.
The regulations in the Zoning Ordinance shall be subject to the following interpretations and exceptions.
(Ord. 82-1970. Passed 11-2-70.)
1189.02 ESSENTIAL SERVICES.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of the Zoning Ordinance.
(Ord. 82-1970. Passed 11-2-70.)
1189.03 VOTING PLACE.
The provisions of the Zoning Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other public election.
(Ord. 82-1970. Passed 11-2-70.)
1189.04 HEIGHT LIMIT.
The height limitations of the Zoning Ordinance shall not apply to farm buildings, chimneys, church spires, flag poles or public monuments; provided, however, that the Board of Zoning Appeals may specify a height limit for any such structure when such structure requires authorization as a conditional use.
(Ord. 143-2007. Passed 1-7-08.)
(Ord. 143-2007. Passed 1-7-08.)
1189.05 LOT AREA.
Any lot existing and of record on the effective date of the Zoning Ordinance may be used for any principal use permitted other than conditional uses for which special lot area requirements are specified in the Zoning Ordinance, permitted in the district in which such lot is located whether or not such lot complies with the lot area requirements of the Zoning Ordinance except as provided in Section 1179.02. Such use may be made provided that all requirements other than lot area requirements prescribed in the Zoning Ordinance are complied with, and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of the Zoning Ordinance for required lot area for each dwelling unit.
(Ord. 82-1970. Passed 11-2-70.)
1189.06 LOTS ADJOINING ALLEYS.
In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of the Zoning Ordinance, one-half the width of such alley abutting the lot shall be considered as part of such lot.
(Ord. 82-1970. Passed 11-2-70.)
1189.07 YARD REGULATIONS.
When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Zoning Appeals. (Ord. 82-1970. Passed 11-2-70.)
1189.08 PORCHES.
An open, unenclosed and uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies. (Ord. 82-1970. Passed 11-2-70.)
1189.09 PROJECTIONS INTO YARDS.
Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of such side yard; and may extend or project into a required front yard or rear yard not more than three feet. (Ord. 82-1970. Passed 11-2-70.)
1189.10 ACCESS THROUGH YARDS.
For the purpose of the Zoning Ordinance, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of the Zoning Ordinance not be considered to be a structure, and shall be permitted in any required yard. (Ord. 82-1970. Passed 11-2-70.)