Newton Falls City Zoning Code
CHAPTER 1147
Definitions
1147.01 INTERPRETATION.
(a) Except where specifically defined herein, all words used in this ordinance shall carry their customary meanings. Words used in the present tense include the future tense; the singular number includes the plural.
(b) The word “shall” is mandatory, not directory. The word “person” includes a firm, association, partnership, trust company, corporation, or any other entity usually defined in legal usage as a person. The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied”. The word “structure” includes the word “building”. The word “map”, “Zoning Map” or City of Newton Falls Zoning Map” shall be the “Official Zoning Map of the City of Newton Falls”.
1147.02 DEFINITIONS.
(1) Accessory Use - A use of land or of a building or portion thereof customarily incidental to the principal use of the land or building and located on the same lot with such principal use. For the purpose of this ordinance, accessory uses include, but are not limited to garages, utility sheds, swimming pools, game courts, solar panels, satellite dishes, and similar devices.
(2) Adult Book Store- An establishment having a substantial and significant portion of its stock in trade in books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.
(3) Adult Motion Picture Theatre- An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(4) Adult Mini Motion Picture Theatre- An enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on activities” or “specified anatomical areas” for observation by patrons therein.
(5) Adult Entertainment Cabaret- An establishment which features topless female dancers, exotic dancers, strippers for similar entertainers exhibiting “specified anatomical areas”.
(6) Apartment- See “Dwelling, Multiple Family”.
(7) Building- Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any person, farm animal, process, equipment, or goods.
(8) Building, Accessory- A structure attached to or detached from a principal building on the same lot and customarily incidental in use to the principal building.
(9) Building, Height- The vertical distance measured from the curb level to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, and similar projections.
(10) Building, Principal- A building in which is conducted the principal use of the lot.
(11) Building, Setback Line- A line establishing the minimum allowable distance between the nearest portion of any building, excluding steps, gutters, and similar fixtures, and the property line when measured perpendicularly thereto.
(12) Board of Adjustment- The City of Newton Falls Planning and Zoning Commission.
(13) Canopy- A roof like, unenclosed (except when connected to a building) shelter, having various means of support and generally used for protection from weather for pedestrians.
(14) Certificate of Occupancy- A statement, signed by a zoning enforcement official, setting forth that the building, structure, or use complies with the zoning ordinance and that the same may be used for the purpose stated herein.
(15) Certificate of Mailing- As defined by the United States Post Office
(16) Child Care Center- Any home agency, or place where children not related to the operator are received for care.
(17) Child Care Home- One in which care is given for a fee in a family home for one and not more than six (6) children. Only those residing in the home may be involved in the
day-to-day operation of the child care home.
(18) Cluster Housing- Grouping of three (3) or more structures around courts, cul-de- sac, or short streets more closely than in conventional single-family classifications in order to preserve open space for common use.
(19) Community Residential Treatment Center- (see halfway house)
(20) Collocation- The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(21) District, Zoning- Any section of the City of Newton Falls in which zoning regulations are uniform.
(22) Dwelling- Any building used exclusively for human habitation, including any permitted home occupation but excluding hotels or motels.
(23) Dwelling Unit- One or more rooms with cooking and toilet facilities used as a place of residence for one family.
(24) Dwelling, Garden Court- A single-family dwelling unit, also known as patio house, which is located on its lot nearer to one side and/or rear property line(s) than is allowed for normal single-family dwellings; however, such structure cannot be located closer than five (5) feet to the side and/or rear property line(s). For the purpose of this ordinance, a garden court dwelling shall be treated as a single-family attached dwelling.
(25) Dwelling, Multiple-Family- A building used exclusively as a place of residence and containing three (3) or more dwelling units.
(26) Dwelling, Single-Family Attached- Two (2) or more single-family dwelling units, each with its own outside entrance, which are generally joined together by a common party wall or connecting permanent structures such as breezeways, carports, or garages, whether or not such a group is located on a single lot or parcel of ground or on adjoining individual lots. For the purpose of this ordinance, dwellings such as garden court dwellings, patio, houses, row houses, townhouses, and zero lot line dwelling shall be treated a single-family attached dwellings.
(27) Dwelling, Single-Family Detached- Any building used exclusively as a place of residence for one family.
(28) Dwelling, Two-Family- A building used as a place of residence for two (2) families occupying separate dwelling units.
(29) Dwelling, Zero Lot Line- A single-family dwelling which as a zero-foot setback from a side and/or rear property line. For the purpose of this ordinance, a zero lot line dwelling shall be treated as a single-family attached dwelling.
(30) Essential Services- The erection, construction, alteration, or maintenance, by public utilities for municipal or other governmental agencies, or underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, structures, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(31) Expressway- Expressways involve those roadways containing some at-grade intersections but with limited access.
(32) Family- One or more persons living together as a single housekeeping unit. For the purposes of this ordinance, such persons may include gratuitous quests, foster children and domestic servants employed on the same premises.
(33) Freeway- Freeways involve those roadways with complete control of access through the use of grade separation and interchanges.
(33.1) Front Yard means the yard extending between side lot lines across the front of the lot and from the street right-of-way line to the front of the principal building. Corner lots, as defined in Section 1103.02(27)A., have two (2) front yards and the area of each front yard is defined by using the alternate front yard as a side lot.
(34) Frontage- The distance between the side lot lines measured along a public or private road, except in the case of a cul-de-sac or other curved street where frontage shall be required measured along all adjacent roadways. Therefore, properties may have more than one front yard by definition. (Ord. 2017-21. Passed 12-4-17.)
(35) Garages- A detached, or attached accessory building use for only the storage of private passenger vehicles owned or rented.
(36) Green Space- Area of grass located between sidewalk and street curb or property line.
(37) Gross Leasable Area- The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
(38) Halfway House- Halfway House, or Community Residential Treatment Center means a facility for supervision and rehabilitation of persons places therein by the Ohio Department of Rehabilitation and Corrections, Federal Bureau of Prisons, a court, or otherwise for parole, probation, furlough, treatment of drugs or alcohol abuse and addiction, vocational training and counseling, or adjustment to private life and non-institutional society, and which shall be licensed and inspected by the Ohio Department of Rehabilitation and Correction, the Adult Parole Authority, the Ohio Department of Health, or a similar agency.
(39) Height- The vertical distance measured from the average finished grade at the front building line to the highest point of the structure.
(40) Home Occupation- Any use of principal and accessory building clearly incidental to their use for dwelling purposes and conducted for compensation by a resident thereof within a residential district and meeting the requirements of Chapter 1153.
(41) Hotel or Motel- A building or group of buildings containing individual sleeping or living units designed for the temporary occupancy of tourists or transient quests and which has a garage attached or parking space conveniently located to each unit.
(42) Interstate Highway- See Freeway.
(43) Joint Occupancy- Any structure in which the ground floor is occupied by a business or commercial activity and residential dwelling units occur on the upper floors.
(44) Junk- Old metals, glass, paper, or other waste that may be used again in some form. Also included rubbish, trash, or garbage.
(45) Junk Yard- Any land or area used in whole or in part for commercial storage and/or sale of waste paper, rags, scrap metal, or other junk and including storage of vehicles and machinery and/or dismantling of such vehicles or machinery.
(46) Kennel or Animal Shelter- Any place or establishment in which dogs and/or cats and/or aviary are kept, trained, bred, boarded or handled for a fee.
(47) Lattice Tower- A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(48) Lot- A parcel of land designated by number or other symbol as a part of a legally approved and recorded subdivision, or as described by metes and bounds and recorded in the Trumbull County Auditor’s Office.
(49) Lot, Corner- A lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines or of the street lines as extended is the corner.
(50) Lot Depth- The average horizontal distance between the front and rear property lines of a lot.
(51) Lot, Double Frontage- A lot which extends through a block having frontage on two streets.
(52) Lot Line, Front- That line which separates the lot from a street right-of-way.
(53) Lot Line, Side- Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
(54) Lot Line, Rear- Ordinarily that lot line which is opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot, a line 10 feet in distance from the front lot line, or a chord thereof if the front lot line is curved, shall be considered as the rear lot line for purposes of determining the required rear yard.
(55) Lot Line, Street or Alley- A lot line separating the lot from a street or alley.
(56) Lot of Record- A lot which exists as shown or described on a plat or deed in the records of Trumbull County Auditor’s Office.
(57) Lot Width- The distance between the side lot lines at the setback line as measured along a straight line parallel to the front lot line or parallel to the chord thereof.
(58) Lot Area- The computed area contained within the lot lines.
(59) Lot, Zoning- A parcel of land which is indicated by the owners, at the time of application for a building or zoning permit, as being that land which he proposes to develop under one ownership.
(60) Manufactured Home (Mobile Home)- A mobile home or manufactured home means a structure, designed and built to be transported in one or more sections on its own chassis, which is built on a permanent chassis whether or not the tongue or wheels have been removed, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except as such terms shall not include travel trailers, travel motorized homes, pick-up coaches, or camping trailers.
(61) Mini-Warehouses- (See Self-Service Storage Facility)
(62) Mobile Home Park- Any place, area, or tract of land maintained, offered, or used for parking of two or more mobile homes used or intended to be used for living or sleeping purposes regardless of whether or not a charge is made for such accommodations.
(63) Mobile Home Space- That portion of land in a mobile home park allotted to or designed for the accommodation of one mobile home.
(64) Modular Home- A modular home consists of two non-self-supporting units factory fabricated and transported to the home site where they are put on a permanent foundation and joined to make a permanent single-family house.
(65) Monopole- A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(66) Nonconforming Lot- A lot of record at the time of passage of this ordinance which does not meet the requirements for area and/or width generally applicable in the district in which such lot is located.
(67) Nonconforming Use or Structure- A land use or structure which existed lawfully on the date this zoning ordinance became effective, and which does not conform with the permitted uses for the zoning district in which it is situated. Nonconforming uses are incompatible with permitted uses in the districts involved. Such nonconformities are permitted to continue until they are removed, but their survival, enlargement, or extension is not encouraged.
(68) Patio House- Same as “Dwelling, Garden Court”
(69) Planned Development- For purposes of this ordinance, a planned development shall be a group of detached, semidetached, attached, groups of attached, clustered, or multi-storied residential structures or any combination thereof on a parcel of land under single, corporation, firm, partnership, or association ownership planned and developed as an integrated unit in a single development operation or a definitely programmed series of development operations in accordance with an approved development plan.
(70) Planned Shopping Center- A group of commercial establishments planned and developed as a unit related in location, size, and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores.
(71) Private Recreation Area- A recreation area maintained for members including but not limited to golf courses, swimming pools, tennis clubs, and neighborhood clubhouses, and each of which must comply with all requirements of the zoning ordinance.
(72) Private Street- A right-of-way of undetermined width with a roadway of undetermined width which has not been dedicated, recorded, or publicly accepted by the county.
(73) Professional Office- The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential use and shall be conducted by a member of the family occupying the residential building. Such uses shall include the offices of architects, landscape architects, professional engineers, lawyers and such other similar professional occupations which may be so designated by the Commission. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
(74) Quorum- The number of members of any deliberative or corporate body as is necessary for the legal transaction of business, commonly a majority.
(75) Rest Home- A residence used for the rooming or boarding of any aged or convalescent persons whether ambulatory or non-ambulatory, for which a license is required by a county, state, or federal agency.
(76) Restaurant- Any establishment, including drive-ins, however designated, and bar and taverns, at which food or drink is sold for consumption on the premises.
(77) Rooming or Boarding House- A dwelling other than a hotel where lodging and /or meals for three (3) or more persons are provided for compensation.
(78) Rubbish- useless waste or rejected matter; something that is nonessential.
(79) Salvage Yard- See junk yard.
(80) Sectional Home- A sectional home consists of three or more non-self-supporting units factory fabricated and transported to the home site where they are put on a permanent foundation and joined to make a permanent single-family house.
(81) Self-Service Storage Facility- A structure containing separate storage spaces of varying size leased or rented as individual leases.
(82) Service Station/Gas Station- An establishment used for the servicing of automobiles including the sale of gasoline, oil, grease, minor accessories, and washing and polishing, but excluding the sale of automobiles, body repairing, major motor repairing, and painting.
(83) Setback Line- That line which is parallel to and given distance from the front lot line of a lot or parcel of land at such distance as is required in this ordinance.
(85) Specified Anatomical Areas- (1) Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areola: and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(86) Specified Sexual Activities- (1) Human genitals in a state of sexual stimulation or arousal. (2) Acts of human masturbation, sexual intercourse or sodomy. (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(87) Newton Falls Planning and Zoning Commission- This ordinance shall refer to this Commission by its full representative name.
(88) Street- A dedicated public right-of-way which affords the principal means of access to abutting property and which has been accepted for maintenance by the City of Newton Falls, Trumbull County, or the State Highway Department. For the purposes of these regulations, the term street or streets shall also mean avenues, boulevards, roads, lanes, and other public ways.
A. Residential Service Street- A public or private way used primarily for providing direct access to abutting property.
B. Collector Street- A public way designed primarily to connect a residential service streets with arterial streets or to provide a direct connection between two arterial streets and may be expected to carry a significant volume of traffic having neither origin nor destination on the street.
C. Arterial Street- A federal or state highway designed primarily for the movement of large volumes of traffic from one area to another.
(89) Structure Alteration- Any change in the supporting members of a building.
(90) Structure- Any assembled, constructed, or erected object having a fixed or stationary location on or in the land (ground) or water, whether or not it is affixed to the land (ground), or an object attached to something having a fixed location on the land (ground). The term “structure” includes, but is not necessarily limited to, buildings of all kinds, manufactured or modular homes, carports, porches, decks, storage sheds/containers, free-standing posts, pillars & walls, fences, swimming pools and billboards; but does not include sidewalks, driveways, in- the-ground patio surfaces, retaining walls, landscape features, ornamental pools, pet shelters, playhouses, recreational equipment, flagpoles, wells, outdoor fireplaces, air conditioning components, and other similar features.
(91) Subdivision- Use the City of Newton Falls, Subdivision Regulations, Codified Ordinance Part 11, Title One.
(92) Telecommunication: The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
(93) Travel Trailer- Any vehicle mounted on wheels but not self-propelled and not more than 26 feet in length, designed and intended to serve primarily as short-term shelter.
(94) Usable Wall Area- The exterior wall or surface area of a building or structure that excludes doors.
(95) Usable Permitted on Review- Uses allowable where facts and conditions detailed in this ordinance as those upon which a use may be permitted, are found to exist.
(96) Utility, Public- Any agency which, under public franchise or ownership, provides the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other service.
(97) Variance- A variance is a relaxation of the dimensional terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of actions of the applicant.
(98) Veterinary Clinic- A facility for diagnosis, treatment and care of large and small animals. Animals may be boarded in this facility. All activities related to this facility shall be conducted indoors.
(99) Veterinary Hospital- A facility for diagnosis, treatment and care of large and small animals. The facility shall be a freestanding building wholly occupied by the activities related to the veterinary hospital. Animals may be boarded in this facility. Activities are not restricted to the interior of the building.
(100) Veterinary Office- A facility for diagnosis, treatment, and care of small domestic animals. Sick or injured animals may be boarded no longer than three (3) days. No commercial boarding is allowed in the veterinary office facility. All activities related to this facility shall be enclosed indoors.
(101) Wireless Telecommunications Antennas- The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operator are excluded from this definition.
(102) Wireless Telecommunications Equipment Shelter- The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(103) Wireless Telecommunication Facility- A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(104) Wireless Telecommunication Tower- A structure intended to support equipment used to transmit and/or receive telecommunications signals included monopoles, guyed and lattice construction steel structures.
(105) Yard, Required- An open space, which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
(106) Yard, Front- An open space extending the full width of the lot between unobstructed from the ground upward except as may be specified elsewhere in this ordinance.
(107) Yard, Rear- An open space extending the full width of the lot between the principal building and the rear lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this ordinance.
(108) Yard, Side- An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this ordinance.
(109) Zoning Administrator and His Designated Representative- For the purposes of this ordinance, the Zoning Administrator shall refer to the City official who, in addition to any other duties he may perform, enforces and administers the regulations herein set forth as the City of Newton Falls Zoning Ordinance.
(110) Zoning Certificate- A certification by the Zoning Enforcement Official that a proposal to use or occupy a tract of land or a building; or to erect, install, or alter a structure, building or sign, fully meets the requirements of this ordinance.