150.01 Interpretation of terms and words.
150.02 Definitions.

SECTION 150.01 INTERPRETATION OF TERMS AND WORDS.

For the purpose of this resolution, certain terms and words used herein shall be interpreted as follows:

1. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

2. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

3. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

4. The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied."

5. The word "lot" includes the words "plot" or "parcel."

SECTION 150.02 DEFINITIONS.

1. Words used in this resolution are used in their ordinary English usage.

2. For the purpose of this resolution the following terms, whenever used in this resolution, shall have the meaning herein indicated:
   1. ABANDONED: See Section 470.10 A

   2. ACCESS DRIVE: A strip, which provides a vehicular connection between off- street parking spaces and a street.

   3. ACCESSORY USE: A use customarily incidental and subordinate to the principal use or building located on the same lot or premises as the principal use or building.

   4. ACRE: A unit in the U. S. and England equal to 43,560 Square feet.

   5. "ADULT" ARCADE: See Section 390.06 A. 2(a)

   6. "ADULT" BOOKSTORE OR "ADULT" VIDEO STORE: See Section 390.06 A. 2(b)

   7. "ADULT" CABARET: See Section 390.06 A. 2(c)

   8. "ADULT GAMING ESTABLISHMENTS" means any place of business where skill-based amusement machines are located where a player of the skill-based amusement machine may receive monetary compensation based on the outcome of play. (See Section 390.06A2d) (Added 8/9/07)

   9. "ADULT" MOTION PICTURE THEATER: See Section 390.06 A. 2(d)

   10. "ADULT" THEATER: See Section 390.06 A 2(e)

   11. ADULT DAY-CARE FACILITY: An establishment that during any part of the normal business day provides supervised educational, recreational and social activities to elderly and/or handicapped adults, but not including persons suffering from acute or chronic alcoholism or other drug dependency and persons who regularly require restraint.

   12. AGRICULTURE: The cultivating of land for the raising or production of crops, flowers, vegetables, trees, ornamental plants or grapes; the raising of livestock, poultry or bees on a commercial scale; and/or the breeding, raising and care of horses, dogs or similar domesticated animals. As used in Sections 519.02 to 519.25 of the Revised Code, "agriculture" includes farming; ranching; aquaculture; apiculture; horticulture; viticulture, animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; forestry and forestry products; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production. The use of the land shall not include the commercial feeding of garbage to livestock.

   13. ALTERATION: A change or rearrangement in the structural parts or in the exit facilities of a building or structure, or an enlargement, whether by extending on a side or by increasing height or by moving from one location to another.

   14. AREA: A two-dimensional quantity that represents an amount or extent of surface. It can be measured or defined as a flat surface or as a spherical surface. Also see LOT AREA (added 9-24-2004)

   15. ASSOCIATION: A legal entity operating under recorded land agreements or contracts through which each unit owner in a planned residential development is a member and each dwelling unit is subject to charges for a proportionate share of the expenses of the organization’s activities such as maintaining common open space and other common areas and providing services needed for the development. An association can take the form of a homeowners’ association, community association, condominium association or other similar entity.

   16. AUTOMOBILE SERVICE STATION (See also Gasoline Station): A building, part of a building, structure or space, which is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service and the making of repairs to motor vehicles, except that repairs described as major repairs in AUTO REPAIR GARAGE shall not be permitted.

   17. AUTO REPAIR GARAGE: A building, part of a building, structure or space, which is used for the repair, rebuilding or reconstruction of motor vehicles or parts thereof including collision service, painting, washing and steam cleaning of vehicles.

   18. AWNING SIGN: See Section 420.02 A. 1

   19. BANNER SIGN: See Section 420.02 A. 2

   20. BASEMENT: A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground. A basement shall not be counted as a story for the purpose of height regulations.

   21. BED AND BREAKFAST HOME: A single-family dwelling in which the principal use is permanent residential quarters and in which as an accessory use no more than five (5) guestrooms are made available to no more than twelve (12) transient guest for compensation. A BED AND BREAKFAST HOME does not include hotels, motels, or inns, as otherwise regulated in the Resolution.

   22. BILLBOARD: A "sign" which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.

   23. BOARD: The Zoning Board of Appeals of Rootstown Township.

   24. BUFFER: A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other.

   25. BUILDING: Any structure designed or intended for the enclosure, shelter or protection of persons, animals or property, having a permanent location on the ground.

   26. BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to that of the main building or use and which is constructed subsequent to the main use of the principal building or land.

   27. BUILDING, AGRICULTURAL: Any building incidental to the use of land for agricultural purposes. Typical agricultural buildings are barns, coops, sheds for storage of cultivating machinery and roadside stands for the sale of produce grown on the land occupied by the agricultural use.

   28. BUILDING LINE: An imaginary linear extension of the building wall parallel to the street right-of-way line defining the limits of the front yard, or in the case of a corner lot, the side yard abutting the street.

   29. BUILDING MARKER: See Section 420.02 B. 1

   30. BUILDING, PRINCIPAL: The building, which houses the principal use performed on any lot.

   31. CAR WASH: A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.

   32. CEMETERY: Land used or intended to be used for the burial of humans, and includes any one or a combination of the following: a burial ground for earth interments; a mausoleum for crypt entombments; a columbarium for the deposit of cremated remains. (added 8/25/05)

   33. CENTRALIZED SEWER SYSTEM: A system where individual lots are connected to a common sewerage system whether publicly or privately owned and operated.

   34. CENTRALIZED WATER SYSTEM: A system where individual lots are connected to a common water distribution system whether publicly or privately owned and operated.

   35. CHANGEABLE COPY SIGN: See Section 420.02 A. 3

   36. CHILD DAY-CARE: Administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four hour day in a place or residence other than a child's own home.

   37. CHILD DAY-CARE CENTER: Any place other than a family day-care home in which child day-care is provided.

   38. COLOCATION: See Section 460.02 A

   39. COMMERCIAL VEHICLE: Any vehicle used or designed to be used for business or commercial purposes that infringes on the residential character of residential districts and includes, but is not limited to: a bus, cement truck, commercial tree-trimming equipment, construction equipment, dump truck, garbage truck, semi-tractor, semi-trailer, stake-bed truck, step van, tank truck, tar truck, or other commercial type vehicles licensed by the state as commercial vehicle. (added 5/10/01)

   40. COMMISSION: The Rootstown Township Zoning Commission.

   41. COMMON AREA: Any land area, and associated facilities, within a planned residential development that is held in common ownership by the residents of the development through a Homeowners’ Association, Community Association or other legal entity, or which is held by the individual members of a Condominium Association as tenants-in-common.

   42. CONDITIONAL USE PERMIT: A permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district on a specific parcel. See also; Use, Conditional.

   43. CONGREGATE CARE FACILITY: A residential facility to provide for the needs of individuals who are elderly or handicapped. The facility shall consist of residential dwelling units designed specifically for the elderly or handicapped, and have common social, recreational, dining and food preparation facilities.

   44. CORRAL: An outdoor area enclosed by a fence used for confining animals.

   45. DENSITY: The number of dwelling units permitted per acre of land.

   46. DIRECTIONAL SIGN: See Section 420.02 B. 2

   47. DISH ANTENNA: A device that receives communications or other signals from orbiting satellites and other extraterrestrial sources for home audio-video viewing, and which includes a low noise amplifier (LNA) which is situated at the focal point of the receiving component to magnify and transfer signals into the interior of the building.

   48. DRILLING UNIT: See Section 470.10 B

   49. DRIVE-THRU FACILITY: Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-thru" shall also include "drive-up" and "drive-in" but shall not include Car Wash, Gasoline Station, and Automobile Service Station.

   50. DRIVEWAY, PRIVATE RESIDENCE: A drive extending from the street pavement to a private garage or garages on a residential lot which is used by residents of the lot for vehicular access to and from such street and for the temporary storage of registered and licensed motor vehicles.

   51. DWELLING: Any building that is designed or used primarily for residential purposes.

   52. DWELLING, ATTACHED SINGLE-FAMILY: A dwelling unit designed and used exclusively by one (1) family that is attached to other dwelling units in contiguous side-by-side groupings, which are physically attached to one another by common or adjoining vertical walls without openings extending from the basement floor to the roof, which have individual heating and plumbing systems and separate ground floor entrances. (revised 10/26/07)

   53. DWELLING, CLUSTER SINGLE-FAMILY: A dwelling unit designed and used exclusively by one (1) family and separated from all other dwelling units by open space from ground to sky, which is grouped with other dwelling units in a Planned Residential Development, and which may be located on its own subdivided lot that does not have a front, side and/or rear yard that complies with the standard zoning district regulations. (revised 10/26/07)

   54. DWELLING, DETACHED SINGLE-FAMILY: A dwelling unit designed and used for one (1) family situated on a parcel having front, sides, and rear yards and separated from all other dwelling units by open space from ground to sky.

   55. DWELLING, MULTI-FAMILY: A building or structure designed for, or occupied by three (3) or more families, living independently of each other.

   56. DWELLING, TWO-FAMILY RESIDENTIAL: A building or structure designed for or converted to contain two (2) dwelling units.

   57. DWELLING UNIT: A building, structure or portion thereof, comprising living, dining, sleeping room(s), storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one (1) family.

   58. FAMILY: One individual, any number of individuals related by blood, adoption, foster or marriage and no more than two (2) unrelated individuals occupying a dwelling unit and living as a single housekeeping unit, but not including groups occupying a boarding house, a lodging house, club, fraternity, sorority, hotel, motel, or dormitory. (Revised 10/26/07)

   59. FAMILY DAY CARE HOME, TYPE B: A permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted. "Type B family day-care home" does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings, nor does it include any child day camp.

   60. FENCE: Any structure composed of wood, iron, steel, masonry, stone or other material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define or enhance all or any part of any premises.

   61. FIREWORKS: Any combustible or explosive compositions, or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation.

   62. FLEET VEHICLES: Trucks, vans, and other vehicles, including motorized equipment, which are used as part of the operation of a principal use, but not including privately owned customer or employee vehicles.

   63. FLOOR AREA, GROSS: The total number of square feet of all floor space contained within the outside surface of the exterior walls of a building or from the center line of a common wall separating two buildings but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

   64. FLOOR AREA, DWELLING UNIT: The sum of the gross horizontal area of a building devoted to residential use measured from the exterior faces of exterior walls or from the center line of common walls separating two dwelling units. It shall not include unfinished basements, attached garages, attics, terraces, breezeways, open porches, and covered steps.

   65. FREESTANDING SIGN: See Section 420.02 A. 4

   66. FUNERAL HOME: A building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

   67. GARAGE, PARKING: A principal or accessory building or an enclosed space within the principal building in which motor vehicles owned by the general public are parked, including facilities operated as a business enterprise with a service charge or fee paid to the owner or operator of such facility, with no facilities for mechanical service or repair of a commercial or public nature.

   68. GARAGE, PRIVATE: A detached accessory building or portion of the principal building designed to store motor vehicles and other normal household accessories of the residents of the principal building including travel trailers and/or boats, with no facilities for mechanical service or repair of a commercial or public nature.

   69. GASOLINE STATION (See also Automobile Service Station): An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include facilities available for the sale of other retail products.

   70. GRADE, NATURAL: The elevation of the undisturbed natural surface of the ground prior to any recent excavation or fill.

   71. GRADE, FINISHED: The average level of the finished surface of ground adjacent to the exterior walls of the building after final grading and normal settlement.

   72. GUESTROOM: A room that is intended, arranged, or designed to be occupied by one (1) or more guests, but in which no provision is made for cooking. Single- family dwelling noncommercial guestrooms shall be within the principal dwelling and shall be part of the dwelling utility service line (i.e. gas, electricity, sanitary sewer, water, cable, etc.).

   73. HANDICAPPED: A physical or mental impairment, as defined in 42 U.S.C. 3602 (h), that substantially limits one or more of such person's major life activities so that such person is incapable of living independently. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in a home would constitute a direct threat to the health and safety of other individuals.

   74. HEIGHT, BUILDING: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for hip and gable roofs.

   75. HOME FOR HANDICAPPED PERSONS, FAMILY: A residential facility that provides room and board, personal care, rehabilitative or habilitative services, and supervision in a family setting for 5 to 8 handicapped persons. (See HANDICAPPED.) One to 4 persons, including resident staff, living in such a residential facility constitute a family for the purposes of this Zoning Ordinance (see FAMILY), and are not subject to the conditional use regulations for family homes. The term "family home for handicapped persons" does not include "halfway house" or other housing facilities serving as an alternative to incarceration, "nursing home", "rest home", "boarding house", "rooming house", "lodging house", "residential treatment home/center", "special care home" or any other such similar building or use of a building.

   76. HOME FOR HANDICAPPED PERSONS, GROUP: A residential facility that provides room and board, personal care, rehabilitative and habilitative services, and supervision in a family setting for at least 9 handicapped persons. (See HANDICAPPED.) The term "group home for handicapped persons" does not include "halfway house" or other housing facilities serving as an alternative to incarceration, "nursing home", "rest home", "boarding house", "rooming house", "lodging house", "residential treatment home/center", "special care home" or any other such similar building or use of a building.

   77. HOME OCCUPATION: A business enterprise conducted within the confines of a dwelling unit which is subordinate and incidental to the use of the premises as a dwelling, and which is carried on by a person who resides in such dwelling unit.

   78. HOTEL/MOTEL/INN: A building or series of buildings which is designated or used to offer short-term lodging in four (4) or more sleeping rooms or units for compensation, with or without meals.

   79. IDENTIFICATION SIGN: See Section 420.02 B. 3

   80. INDOOR RECREATION: An activity that utilizes an indoor facility such as, but not limited to, game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment and shall not include any adult gaming establishment activities. (Revised 8/9/07)

   81. INOPERABLE MOTOR VEHICLE: Any motor vehicle, licensed or unlicensed, without regard to its age or value, and which is apparently inoperable, or is in such condition that it could not be legally operated on the public streets, or is in an extensively damaged, dilapidated, or disassembled condition.

   82. INSTRUCTIONAL SIGN: See Section 420.02 B. 4

   83. JUNK YARD: Any land used for abandonment, storage, keeping, collecting or bailing paper, rags, scrap metals, other scrap or discarded materials, or for abandonment, demolition, dismantling storage, or salvaging of automobile or there vehicles not in running condition, machinery or parts thereof shall be deemed a junk yard. Any land used for storing, or keeping of any junk motor vehicle, not housed, on any premise for more than fifteen (15) days shall be deemed a junk yard.

   84. KENNEL OR CATTERY: Any lot or premises on which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained, sold or which offers provisions for minor medical treatment.

   85. LANDSCAPED AREA: An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.

   86. LARGE MOTOR VEHICLES: Motor vehicles including, but not limited to: trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than 10,000 pounds, but excluding airplanes or aircraft. (added 5/10/01)

   87. LATTICE TOWER: See Section 460.02 B

   88. LOADING SPACE: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while lading or unlading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

   89. LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area and to provide such yards and other open spaces are herein required. The term "zoning lot" is used synonymously with "lot" in this Zoning Resolution. Such lot shall have frontage on an improved public street but not include any portion thereof, or on an approved private street, and may consist of:
       1. A single lot of record;

       2. A portion of a lot of record;

       3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

   90. LOT AREA: The area contained within the lot lines exclusive of any portion of the right-of-way of any public street.

   91. LOT, CORNER: A lot abutting two streets at their intersection where the angle of the intersection is not less than 45 degrees nor more than 135 degrees.

   92. LOT, INTERIOR: A lot abutting or with frontage on only one street.

   93. LOT DEPTH: The distance between midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

   94. LOT LINE: The boundary line defining the limits of the lot. Lot line is synonymous with "property line."
       1. FRONT LOT LINE: The line separating an interior lot from the street right-of-way on which the lot fronts, or the shortest line of a corner lot that abuts a street, except that when the lot lines abutting streets are of equal lengths, the front lot line shall be the lot line abutting the street having the longest block frontage.

       2. REAR LOT LINE: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

       3. SIDE LOT LINE: Any lot line other than a front or rear lot line.

   95. LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the Portage County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded in the Office of the Register of Deeds of Portage County

   96. LOT WIDTH: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the front setback line.

   97. MANUFACTURED HOME: A dwelling unit fabricated at an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et. seq.).

   98. MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust.

   99. MASSAGE PARLOR: See Section 309.06 A 2 f)

   100. MEMBERSHIP SPORTS/FITNESS CLUB: An indoor facility for any number of uses such as game courts, exercise equipment, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment.

   101. MINI/SELF STORAGE: A self-service storage facility comprised of individual storage units available for rent restricted to personal, private access.

   102. MOBILE HOME: A dwelling unit fabricated at an off-site manufacturing facility prior to enactment of the Federal Manufactured Housing Construction and Safety Standards, built on a chassis so as to be transportable from one site to another, and designed to be used without a permanent foundation.

   103. MONOPOLE: See Section 460.02 C

   104. NAME PLATE: See Section 420.02 B. 5

   105. NONCONFORMING STRUCTURE: A building existing when this resolution or any amendment thereto became effective which does not conform to the regulations governing buildings of the district in which it is located.

   106. NONCONFORMING LOT: A lot lawfully existing on the effective date of this Zoning Resolution or any amendment thereto, which on such effective date, does not conform to the lot area, width or frontage requirements of the district in which it is located.

   107. NONCONFORMING SITE CONDITION: Any structure lawfully existing on the effective date of this Zoning Resolution or any amendment thereto, which, on such effective date, does not conform to the yard regulations, parking requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is situated.

   108. NONCONFORMING USE: A use of a structure or land which was lawful when this resolution or any amendment thereto became effective but which does not conform to the use regulations, off-street parking and loading requirements, or performance standards of the district in which it is located.

   109. NURSING HOME OR CONVALESCENT HOME: An extended or intermediate care facility which provides skilled nursing and dietary care for persons who are ill or incapacitated or which provides service for the rehabilitation of the persons who are convalescing from illness or incapacitation, excluding homes or similar institutions or facilities for persons suffering from acute or chronic alcoholism, or other drug dependency, or persons who are mentally incapacitated from causes other than simple senility or who regularly require restraint.

   110. OPEN SPACE: An area that is substantially open to the sky and may be on the same lot as a building. The area may include, but is not limited to the natural environmental features, water areas, conservation-oriented areas and passive and active recreational facilities. However, streets, parking areas, structures for habitation, and required side, front and rear yards shall not be included. (Amended 1/26/08)

   111. OUTDOOR DISPLAY: The placing of merchandise in an outdoor area that is open to the general public when the merchandise is removed from its shipping packaging and representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area. (2/14/03)

   112. OUTDOOR STORAGE: The keeping, in an area outside of a building, of any goods, material, merchandise, vehicles, or junk in the same place for more than 24 hours.

   113. OVERLAY DISTRICT: A zoning district which is superimposed over an underlying zone, or zones, thereby offering a property owner the right to develop the property either according to the overlay or underlying district regulations. (Added 2/14/03)

   114. PARKING: The temporary storage of registered vehicles in operable condition.

   115. PARKING LOT: A paved area made up of marked parking spaces. Also known as a parking area.

   116. PARKING SPACE: A paved, rectangular area outside the public street right-of- way defined on three sides by painted lines, raised curbs or a combination thereof which is used for the temporary storage of registered and licensed motor vehicles.

   117. PERFORMANCE STANDARD: A criterion established to control enclosure, dust, smoke, fire and explosive hazards, lighting, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.

   118. PERSONAL SERVICES: Establishments providing non-medically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; Laundromats (self-service laundries); funeral parlors; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. (added 3/29/07)

   119. PLACES OF WORSHIP: A building, structure, or other indoor or outdoor facility used for public worship. The word "place of worship" includes the words "church," "chapel," "synagogue" and "temple" and their uses and activities that are customarily related.

   120. PLAN, DEVELOPMENT: Drawing(s) and map(s) illustrating the proposed design, layout, and other features for the development of one or more lots.
        1. GENERAL DEVELOPMENT PLAN: Drawings and maps including all the elements set forth in Section 620.04.

        2. FINAL DEVELOPMENT PLAN: Drawings and maps including all the elements set forth in Section 620.05.

   121. PLANNED COMMERICAL DEVELOPMENT: An area of land to be planned and developed as a single entity, in which a variety of primarily commercial uses may be accommodated with more flexible standards, but according to a unified plan for the entire area. (Added 2/14/03)

   122. PLANNED RESIDENTIAL DEVELOPMENT: An area of land to be planned and developed as a single entity, in which a variety of housing units are accommodated under more flexible standards, such as lot size and setbacks, than those that would normally apply under single-family district regulations, allowing for the clustering of houses to preserve open space while maintaining the same overall density limitations of the district in which the planned residential development is located.

   123. PLAT: A map of a lot, tract or subdivision on which the lines of each element are shown by accurate distances and bearings.

   124. PLATTED SUBDIVISION: The following subdivisions require platting under Ohio Revised Code and the Portage County Subdivision Regulations and are referred to as platted subdivisions:
        1. A subdivision which consists of more than five (5) lots from an original tract, any one of which is less than five (5) acres in size.

        2. Any division or subdivision of land involving the opening widening, or extending of any street or road.

        3. The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open space for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage, or public facilities.

        4. A subdivision not along an existing public road.

   125. PROJECT BOUNDARY: The boundary defining the tract(s) of land which is included in a proposed development to meet the minimum required project area for a planned residential development or multi-family development. The term "project boundary" shall also mean "development boundary".

   126. PROJECT CONSTRUCTION SIGN: See Section 420.02 B. 6

   127. PUBLIC SAFETY FACILITY: A governmentally owned and operated facility established to provide police or fire safety services to the surrounding area.

   128. PUBLIC PURPOSE/SAFETY SIGN: See Section 420.02 B. 7

   129. PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures by a public utility, a railroad, whether publicly or privately owned, or a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.

   130. QUARRY: Any use of land for the removal of any mineral or material, including open or strip mining and shaft mining.

   131. RECREATION FACILITIES: Public or private facilities that may be classified as ether "extensive" or intensive" depending upon the scope of service offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land include, but need not be limited to hunting, fishing, riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include but need not be limited to miniature golf courses, amusement parks, stadiums and bowing alleys. This does not include sexually oriented business uses and/or adult gaming establishments as defined in this Resolution. (Revised 8/9/07)

   132. RECREATIONAL VEHICLES: Any building, structure, or vehicle designed and/or used for living or sleeping and/or recreational purposes and may be equipped with wheels or is mounted to facilitate movement from place to place, and includes but is not limited to: derby cars or fair cars, pick-up coaches (campers), motorized homes, boats, travel trailers, and camping trailers not meeting the specifications required for manufactured home or mobile homes. (added 5/10/01)

   133. RESEARCH AND TESTING LABORATORY: A building or group of buildings for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

   134. RESTAURANT - COUNTER SERVICE: A retail service establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to- consume individual servings, for consumption either within the restaurant building or for carry-out, and where customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed.

   135. RESTAURANT - TABLE-SERVICE: A retail service establishment wherein the entire business activity, or substantially all of the business activity, consists of the sale of food and service to patrons seated at tables for consumption within the building.

   136. RETAIL ESTABLISHMENT: An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the Zoning Commission may consider the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows.

   137. RIGHT-OF-WAY: A strip of land taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

   138. RIGHT-OF-WAY LINE: The line between a lot, tract, or parcel of land and a contiguous public street, and demarcating the public right-of-way. "Right-of-way line" also means "street line."

   139. ROADSIDE STAND: A temporary structure used solely for the sale of produce grown on the premises by the owner or owners of the property.

   140. ROADSIDE STAND SIGN: See Section 420.02 B. 8

   141. SCHOOL FACILITIES: Publicly or privately owned facilities providing full-time day instruction and training at the elementary, junior high and high school levels in accordance with the requirements of Chapter 3313 of the Ohio Revised Code; or publicly or privately owned facilities providing kindergarten or nursery school training and care which are operated by a board of education or an established religious organization.

   142. SETBACK: The required minimum horizontal distance between a lot line and a structure as established by this Resolution.

   143. SETBACK LINE (See also "Yard, Required"): A line established by this Zoning Resolution generally parallel with and measured from the lot line, defining the minimum distance a building, structure, parking area or outdoor storage area shall be located from said lot line, except as may be provided in Zoning Resolution. The term "setback line" shall also include "required setback line."

   144. SIGN: Any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot and which is intended to announce, direct or advertise by means of letters, words, designs, colors, symbols, banners, fixtures, or images.

   145. SKILL-BASED AMUSEMENT MACHINE: A skill-based amusement device, or machine, whether or not the skill-based amusement machine requires payment. See Section 390.06A2h (Added 8/9/07)

   146. SMALL MOTOR VEHICLES: Motor vehicles including, but not limited to: motorcycles, passenger cars, light trucks, vans, and similar vehicles that have gross vehicle weights less than 10,000 pounds. (added 5/10/01)

   147. STREET, CUL-DE-SAC: A local street with one end open to traffic and the other end terminating in a vehicular turn-around.

   148. STREET, INTERIOR: A street wholly within the boundaries of a development.

   149. STREET, LOCAL: A street primarily for providing access to residential or other abutting property.

   150. STREET, MAJOR: A street, also known as a collector, which primarily carries traffic from local to arterial streets, including the principal entrance and circulation routes within residential subdivisions.

   151. STREET, PRIVATE: A local private way which provides vehicular access to more than one residential structure that is not and will not be dedicated to public use, but which is owned and maintained by an Association.

   152. STREET, PUBLIC: A street that has been dedicated or deeded to the public for public use and which affords principal access to abutting property.

   153. STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. However, a structure does not include: mailboxes, flagpoles, basketball hoops, play equipment, trellis, bird houses, bird feeders, decorative lawn ornaments that are: (1) placed within the front yard area and do not exceed 4 feet in height and (2) placed within the side and back yard area and do not exceed 6 feet in height; landscape walls, light poles, bus shelters, decorative ponds, tree houses, unenclosed hot tubs, brick patios, doghouses, fire pits, piers/docks, etc. which are not specifically regulated in this resolution. (revised 12/25/03)

   154. STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of cubical contents of the building.

   155. SWIMMING POOL: An outdoor structure capable of containing in excess of one and one-half (1 ˝ ) feet of water at its deepest point and having more than 100 square feet of water surface.

   156. TEMPORARY SIGN: See Section 420.02 B. 9

   157. TELECOMMUNICATIONS: See Section 460.02 D

   158. TOWER: A structure on which transmitting and/or receiving antennas are located.

   159. UNDERLYING ZONE: A zoning designation on the land that existed at the time the overlay district was established. Such zoning classification shall continue to be designated on the zoning map when the overlay zone is established. (2/14/03)

   160. USE: The purpose for which a building or premises is or may be occupied. In the classification of uses, a "use" may be a use as commonly understood or the name of an occupation, business, activity or operation carried on or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
        1. USE, ACCESSORY: A use of land incidental to the principal use of a lot or building located on the same lot.

        2. USE, CONDITIONAL: A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 390, and which requires a conditional use permit and approval of the Board of Zoning Appeals in compliance with the regulations and procedures set forth in Chapter 630.

        3. USE, PRINCIPAL: The primary or main use or activity of a building or lot.

   161. VETERINARY HOSPITAL: A place where animals are given medical or surgical treatment and the boarding of animals occurs only as an incidental use.

   162. WALKWAY: A public way, four or more feet in width, for pedestrian use only, which may or may not be located along the side of a road.

   163. WALL SIGN: See Section 420.02 A. 5

   164. WELL: See Section 470.10 C

   165. WINDOW SIGN: See Section 420.02 A 6

   166. WIRELESS TELECOMMUNICATIONS antenna: See Section 460.02 E

   167. WIRELESS TELECOMMUNICATIONS facility: See Section 460.02 F

   168. WIRELESS TELECOMMUNICATIONS TOWER: See Section 460.02 G

   169. YARD: An open space on the same lot with a main building or structure extending between the lot line and the extreme front, rear or side wall of the main building or structure.

   170. YARD, FRONT: The area across the full width of the lot between the front of the main building and the front line of the lot.

   171. YARD, REAR: A yard across the full width of the lot immediately in the rear of the main building.

   172. YARD, REQUIRED (See also Setback Line): The open space between a lot line and a setback line for a building, parking area or use that is the minimum area required to comply with the regulations of the district in which the lot is located, and within which no structure shall be located except as expressly permitted in this Zoning Resolution.

   173. YARD, SIDE: The area between the main building and the side line of the lot extending from the front wall to the rear wall of the main building.

   174. ZONING MAP: An accurate map depicting Rootstown Township, Portage County, Ohio and indicating the boundaries of the zoning districts established by this Resolution.

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