Maumee City Zoning Code
TITLE ONE
Zoning Administration
1101.01 RULES OF INTERPRETATION
For the purpose of this Zoning Code, certain terms and words are hereby interpreted as follows:
(a) Words used in the present tense shall include the future.
(b) The singular number shall include the plural and the plural the singular.
(c) The word "shall" is mandatory and not directory.
1101.02 DEFINITIONS.
For the purpose of this Zoning Code, certain terms and words are hereby defined.
(1) Abutting: Having property or district lines in common; for example, two (2) lots are abutting if they have property lines in common, or which are on either side of an alley.
(2) Access: A way of approaching or entering a property. Access also includes ingress (the right to enter) and egress (the right to leave).
(3) Accessory Structure: A detached subordinate structure located on the same lot as a principal structure. The function of an accessory structure is supportive and accessory to the use of the principal structure.
(4) Accessory Use: A use which is customarily incidental to the principal use of a lot or principal building. An accessory use is located on the same lot as a principal use.
(5) Addition: Any construction which increases the size of a structure such as a porch, attached garage or carport, or a new room or wing. An addition is a form of alteration.
(6) Adult Day Care Centers: A facility where adults who do not otherwise have the capacity to take care of themselves and are cared for during daytime hours with no overnight accommodations. Adults being cared for at this type of facility generally do not leave the facility without the assistance of the primary caregiver or employees of the facility.
(7) Adult Group Home: A residence or facility that provides accommodations to six (6) to sixteen (16) unrelated adults and provides supervision and personal care services to at least three (3) of the unrelated individuals.
(8) Adult Materials: Media, matter, or services distinguished or characterized by the emphasis on specified sexual anatomical areas or specified sexual activities. Adult materials may include any one or more of the following: books, magazines, newspapers, periodicals, pamphlets, posters, prints, pictures, photographs, slides, transparencies, figures, images, descriptions, motion picture films, video cassettes, compact discs, laser discs, DVDs, computer files or software, phonographic records, tapes, or other printed matter, visual representations, tangible devices or paraphernalia designed for use in connection with specified sexual activities, or any service capable of arousing prurient interest through sight, sound or touch.
(9) Agricultural Activity: Includes plowing, tillage, cropping, seeding, cultivating, or harvesting food and fiber products, including silviculture and viticulture. The term agricultural activity as used herein excludes the husbandry of livestock, agricultural animals, or fur-bearing animals for food or other commercial purposes.
(10) Agricultural Vehicle or Equipment Sales and Service: The sale or rental of new or used agricultural vehicles or equipment; including repair and maintenance activity when performed on vehicles or equipment of the same type and nature as those sold or rented on the premises. Agricultural vehicles and equipment include, but are not limited to tractors, trailers designed to transport agricultural products, and farm machinery, commonly used in the production of horticultural, agricultural, and vegetable products.
(11) Apartment: A room or suite of rooms contained within a larger dwelling or commercial structure intended, designed or used as a residence by a single family.
(12) Applicant: any person, trustee, guardian, or firm, company, partnership, corporation, or other business association, whether for profit or non-profit, who is the owner of real property located within the City of Maumee and requests a conditional use for that property.
(13) Arbor: A shelter composed of two or more lengths of lattice wood or other materials connected by a horizontal top piece typically covered with climbing shrubs or vines.
(14) Arcade: A building, or part of a building containing four or more video, pinball, or similar player-operated amusement devices for commercial use.
(15) Assisted Living Facility: A multiple-unit residential facility that provides or arranges for skilled nursing care for one or more individuals who reside in the facility and are not related to the owner or operator of the facility or his spouse as a parent, grandparent, child, sibling, niece, nephew, or child of an aunt or uncle. These facilities provide service for people who need help with activities of daily living and span the gap between independent living and nursing homes. The minimum living area per unit shall be 250 square feet.
(16) Automotive Sales and Service: The sale or rental of new or used motor vehicles; including repair and maintenance activity when performed on vehicles of the same type and nature as those sold or rented on the premises. Automotive sales and services are more specifically defined hereunder as being "heavy" or "light," and do not include the sales and service of recreational vehicles as separately defined.
(17) Automotive Sales and Service (heavy): Heavy automotive sales and service includes the sale and service of motor vehicles designed by the manufacturer to carry a cargo load of more than one ton, and includes semi-trailers and semi-tractors, as defined in the revised code.
(18) Automotive Sales and Service (light): Light motor vehicle sales and service includes the sale and service of new or used passenger vehicles, sports utility vehicles, trucks and motorcycles. This also includes vans, sports utility vehicles, and trucks designed by the manufacturer to carry a cargo load of one ton or less.
(19) Automobile Service Station - Fuel: Structures and premises where fuel, oil, air, and motor vehicle accessories may be supplied and dispensed at retail.
(20) Automobile Service Station - Fuel and Convenience Store: Structures and premises where fuel, oil, air, and motor vehicle accessories may be supplied and dispensed at retail, and which, in the same principal structure, also offers retail sales of food, beverages, and other grocery items for consumption on or off premises.
(21) Automobile Service Station - Fuel and Service: Structures and premises where fuel, oil, air, and motor vehicle accessories may be supplied and dispensed at retail, and where in addition, the following services may be rendered and sales made:
(a) Sales and service of spark plugs, batteries, and distributor parts.
(b) Tire sales, servicing and repair, but not recapping or re-grooving.
(c) Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors, and the like.
(d) Radiator cleaning and flushing.
(e) Washing, polishing, and sale of washing and polishing materials.
(f) Greasing and lubrication.
(g) Providing and repairing fuel pumps, oil pumps, and lines.
(h) Minor servicing and repair of carburetors or fuel injection systems.
(I) Adjusting and repairing brakes.
(j) Minor motor adjustment not involving removal of the head or crankcase or racing the motor.
(k) Sales of cold drinks and packaged foods from vending machines, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operations.
(l) Provisions of road maps and other informational material to customers; provision of restroom facilities.
(m) Warranty maintenance and safety inspections.
(n) Uses permissible at a full-service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in full-service stations. A full-service station is not a body shop.
(22) Automobile Service Station - Fuel, Service and Convenience Store: Structures and premises meeting the definitions of both Sections 21 and 22 above.
(23) Automotive Repair Garage: A structure or premises in which the repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service and painting of vehicles is performed.
(24) Awning: A roof-like cover that is temporary in nature and projects from the wall of a structure for the purpose of shielding a doorway or window from the elements.
(25) Bakery: A store engaged in the sale at retail of bread, cake, cookies, and other similar products including the baking of such items on the premises.
(26) Bank: Commercial banks, savings and loan associations, and other similar financial institutions, but not including pawnshops.
(27) Bar and Tavern: An establishment serving alcoholic beverages for consumption on the premises in which more than fifty (50) percent of revenue of such business is from the sale of such beverages. Food may also be available for consumption on premises.
(28) Base Unit: A structure or weatherproofed cabinet used to house radio frequency transmitters, receivers, power amplifiers, signal processing hardware and related equipment.
(29) Basement: That portion of a building that is partially or completely below grade.
(30) Bed and Breakfast Facility: An owner-occupied residence that has not more than four (4) guest rooms to rent to the public who on the average, do not extend their stay beyond two (2) weeks, and has living quarters for at least one (1) full-time resident.
(31) Block: A parcel of land usually bounded on all sides by streets or other transportation routes such as railroad lines, or by physical barriers such as water bodies or public open space, and not traversed by a through street, and which is, further, divided into lots for building purposes.
(32) Board of Zoning Appeals: The Board of Zoning Appeals of the City, as established in Section 1105.02 of this Zoning Code.
(33) Boundary line: A line delineated that establishes the limits of an area.
(34) Buffer lot: A lot on a plat across the end of a street proposed to be extended by future platting, or a lot along the length of a street where only part of the width has been dedicated, retained by the owner but conditionally dedicated on the plat for street purposes when the street is extended or widened.
(35) Buildable Area: The space remaining on a lot after the minimum open space requirements (e.g., yards, setbacks) have been met.
(36) Buildable Width: The width remaining on a lot after the minimum requirements (e.g., yards, setbacks) have been met.
(37) Building: A combination of materials to form a structure adapted to permanent or continuous occupancy for public, institutional, residence, business, or storage purposes.
(38) Building and Zoning Inspector: The official responsible for enforcement of the Zoning and Subdivision Codes and issuing of required permits.
(39) Building Height: 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.
(40) Building Setback Line: A line established by this Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no structure, other than an accessory structure may be located above ground, except as may be provided in this Zoning Code. (See "setback line.")
(41) Building Permit: The written authority issued by the Building and Zoning Inspector permitting the construction, removal, moving, alteration, or use of a structure in conformity with the provisions of this Zoning Code.
(42) Building, Principal: A building in which is conducted the main or principal use of the lot on which such building is situated.
(43) Bulk Regulations: Regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regulations include the control of maximum height, maximum lot coverage, minimum floor areas, and minimum size of yards and setbacks.
(44) Business: Commercial uses offering products and/or services to the public, and which have characteristics that preclude classification as a home occupation.
(45) Business Support Services Establishment: Establishments or places of business that engage in the sale, rental, or repair of office equipment, supplies, and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments and temporary labor services.
(46) Business Center: A group of two (2) or more contiguous stores or an industrial park developed as a planned complex.
(47) Canopy: Any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding an area from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.
(48) Car Wash: A structure or portion thereof, containing facilities for washing vehicles using a steam cleaning device, brushes, chain conveyor, blower, or other mechanical devices.
(49) Cemetery: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(50) Certificate of Appropriateness: A document provided by the Design Review Board, upon application and after an adjudicative hearing, where approval is given for the architectural design and features of any proposed new structure or renovation of any existing structure in any designated Design Review Overlay District as to the compatibility of the design or renovation with the architectural and/or historic character of the area.
(51) Change of Use: A change in ownership of a business or enterprise or any use which differs from the previous use of a building or land as noted on the Building Permit and Certificate of Zoning Compliance. A mere change in the status of property from occupied to unoccupied does not constitute a change in use; whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied. A change of use shall occur whenever:
(a) The change involves a change from one principal use category to another;
(b) The original use changes to such an extent that the parking requirements for the overall use are altered;
(c) The mixture of types of individual principal uses in a mixed use planned unit development changes;
(d) The original use is a residential development and the relative proportions of different types of dwelling units change;
(e) There is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a mixed use) and that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or mixed use category as the previous type of business).
(52) Child Day Care Home, Type A: Pursuant to ORC 5104, a permanent residence of the administrator in which private or publicly-funded child day care, defined herein, is provided for seven (7) to twelve (12) children at one time, or a permanent residence of the provider in which child day care is provided for four (4) to twelve (12) children at one time if four (4) or more are under two (2) years of age.
(53) Child Day Care Home, Type B: Pursuant to ORC 5104, a permanent residence of the provider in which child day care is provided for one (1) to six (6) children at one time and in which not more than three (3) children are under two (2) years old at one time. In counting children for the purposes of this section, no children of the day care provider shall be counted.
(54) Child Day Care Center: Any place which administers to the needs of seven (7) or more infants, preschool children, and school-age children outside of school hours by persons other than their immediate family for any part of the twenty-four (24) hour day for compensation or otherwise.
(55) Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention but who are not provided with board or room or kept overnight on the premises.
(56) Commercial: A commercial use related to the use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services or the maintenance of offices or recreational or amusement enterprises, or private sales conducted on residential premises for more than twelve (12) calendar days during a given one-year period.
(57) Commercial Development: A planned commercial center providing building areas, parking areas, service areas, screen planting and adjacent roadway improvements.
(58) Commission: The Municipal Planning Commission of Maumee, Ohio.
(59) Common Open Space: A parcel of land or an area of water, or a combination of both land and water within a site designated as a planned unit development (PUD) and designated and intended for the use and enjoyment of the residents of the planned unit development. Common open space does not include streets, alleys, parks, off-street parking or loading areas, public open space or other facilities dedicated by the developer for public use.
(60) Community Center: A building or other place in which members of the community may gather for social, educational, or recreational purposes.
(61) Comprehensive Plan: The City of Maumee Comprehensive Plan, amendments thereto, or any other plan, or any portion thereof, adopted by the Planning Commission and Council showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
(Ord. 78-2010. Passed 8-2-10.)
(61.1) Computerized Terminal Device: Any computer, machine, game, or apparatus from which, upon the insertion of a coin, card, token, or similar object, or upon payment of anything of value, a product or service is provided, and may be operated by the public generally for use as a contest of skill, entertainment, or amusement, whether or not registering a score, and which is not a prohibited gambling device. (Ord. 157-2010. Passed 12-6-10.)
(62) Conditional Use: A use not otherwise a permitted use in a district, which may be allowed with specific approval procedures and requirements defined in accordance with the requirements of this Zoning Code.
(63) Condominium: A form of real property ownership in fee simple of a cubic air space including only interior surfaces, and undivided ownership share, in common with other purchasers, of the common elements of the project including the land and its appurtenances.
(64) Construction and Demolition Debris: Has the same meaning as in section 3714.01(C) of the Ohio Revised Code.
(65) Construction and Demolition Debris Facility: Has the same meaning as in section 3714.01(E) of the Ohio Revised Code.
(66) Conversions: Any modification or change to an existing dwelling which is intended to or actually does increase the number of dwelling or rooming units.
(67) Council: The Council of the City of Maumee.
(68) Crosswalk Way: A right of way, dedicated to public use, ten (10) feet in width through a block along lot lines to facilitate pedestrian access to adjacent streets and properties.
(69) Deck: A structure, without a roof, directly adjacent to or attached to a principal building, which has an elevation of more than 6 inches from the finished grade. A deck may be constructed of any materials. In the instance where a deck is attached to a principal building all setback requirements of the particular district shall be satisfied.
(70) Density: A unit of measurement meaning the number of dwelling units per acre of land.
(71) District: A section or sections of the City for which the zoning regulations governing the use of structures and premises, the height of structures, the size of yards, and the intensity of use are uniform.
(72) Drawing: A dimensioned presentation of a proposed development of a specified parcel of land that reflects thereon the location of buildings, easements, parking arrangements, public access, street pattern, and other similar features. When the term "drawing" is used in a particular chapter as a requirement for an application or submission, it will contain all the information required therein. A drawing on a sign is a reference to a pictorial presentation, graphic, or other symbol painted or otherwise represented in a sign that is used to direct attention to or advertise information, a land use, or use of a structure.
(73) Drive-in or Drive-Through Facility: An establishment that, by design of physical facilities or by service or packaging procedures, encourages or allows customers to receive a service or product while remaining in an automobile.
(74) Dwelling: A building designed or used as the living quarters for one (1) or more families. "Dwelling," "single-family dwelling," "two-family dwelling," or "multiple-family dwelling" shall not be deemed to include motel, hotel, rooming house, inn, or recreational vehicle. A dwelling may include an industrialized unit (as defined herein) and a manufactured home (as defined herein) provided it meets all of the following requirements:
(a) The manufactured home is affixed to a permanent foundation and connected to appropriate utilities.
(b) The manufactured home, excluding any addition, has a width of at least twenty-two (22) feet at one point, a length of at least twenty-two (22) feet at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least nine hundred (900) square feet or equal to or greater than any minimum dwelling size applicable within an applicable zoning district.
(c) The manufactured home has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch (6 in.) minimum eave overhang, including appropriate guttering.
(d) The manufactured home was manufactured after January 1, 1995.
(e) The manufactured home is not located in a manufactured home park as defined herein.
(75) Dwelling, Multiple-Family: A building or portion thereof containing three (3) or more dwelling units and designed for or occupied as the home of three (3) or more families living independently of each other.
(76) Dwelling, Single-Family: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
(77) Dwelling, Two-Family: A dwelling consisting of two (2) dwelling units which may be either attached side-by-side or one (1) above the other, and each unit having a separate entrance.
(78) Dwelling Unit: A room or rooms within a structure comprised of space for living, dining, sleeping, and storage, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one (1) family and its household employees and having its own means of entrance which can be distinguished from other dwellings.
(79) Dwelling, Zero Lot Line: Structures that are two-family dwellings intended to be owned by two (2) separate owners on both sides of the shared wall, and the party wall(s) shall be considered the zero lot line.
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80) Easement: Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his/her property.
(81) Educational Institution: Any public or private primary, intermediate or secondary school which provides living quarters for students or teachers; any public or private junior college, college, university, or vocational or business school including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.
(82) Elderly: Any individual who is sixty-two (62) years of age or older.
(83) Engineer: A registered engineer authorized to practice civil engineering as defined by ORC Chapter 4733.
(84) External Change: Any material change in an external feature of any property, including demolition, removal, construction, modification to existing signage, placement of new signage, roof replacement, window installation, siding installation, awnings/canopies, room additions, door or entrance installation, or painting.
(85) Essential Services: The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam, or water transmission, or distribution systems, collection, communication, supply, or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith, which are 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. (Ord. 78-2010. Passed 8-2-10.)
(86) Extended-Stay Hotel/Motel: One or more structures or buildings containing more than ten (10) separate guest rooms where persons relocating their residence to the area, whose primary residence has been rendered uninhabitable due to fire or natural disaster and is in the process of being reconstructed, or are on temporary work assignment in the area can obtain an accommodation for a fee for a period of time not less than five (5) consecutive days, and can exceed thirty (30) consecutive days but shall not exceed twelve (12) months within a consecutive twenty-four (24) month period without a permit. Extended stay hotel guest rooms shall provide separate rooms or defined areas for sleeping, private bathroom, relaxation activities containing standard “living room” style furniture (couches, chairs, television, etc.), and kitchen containing a refrigerator, sink, food preparation area and cooking facilities, and complies with all applicable Life Safety Code or Building Code requirements imposed by the Fire Marshal and is constructed and maintained in accordance with applicable Building, Zoning, Housing and Property Maintenance Codes and approved by the Zoning Administrator and Chief Building Official. Guests must enter through a lobby or foyer and access to all rooms shall be from an interior hallway. The term “extended stay hotel” excludes the terms “dwelling unit” and “dwelling, multi-family”. No portion of an extended stay hotel shall be used as a permanent residence. Extended stay hotels shall meet the following additional requirements:
(a) Provide fresh linens before a guest occupies a room, or if the same guest reoccupies the room for more than two days, at least three times a week;
(b) Clean each accommodation in use daily;
(c) If a garage for motor vehicles is provided, it must be a public garage.
(d) Does not provide other on-premises personal services such as room service, laundry, dry-cleaning, and similar services, or a full service restaurant open to the public. (Ord. 012-2021. Passed 3-29-21.)
(87) Family: A group of persons occupying premises and living as a single housekeeping unit whether or not related to each other by blood, adoption, or marriage, as distinguished from a group occupying a boardinghouse, lodging house, hotel, motel or bed and breakfast.
(88) Fence: Any artificially constructed barrier of any material or combination of materials erected to separate, enclose, restrict, screen or demarcate a boundary.
(a) Barbed Wire Security Fence. Not more than three (3) strands of barbed wire tautly strung between fence-posts and evenly spaced within a twelve (12) inch area above a permitted fence other than a barbed wire security fence.
(b) Solid Fence: A fence or wall designed to inhibit public view and provide seclusion and, when viewed at right angles, having more than fifty (50) percent of its vertical surface area closed to light and air. Solid fences include:
(i) Board on Board or Alternating Board on Board: A fence constructed of vertical wood boards or other permanent material with one-inch nominal size boards between, or upon, a frame of two (2) inch nominal members and four by four (4 x 4) inch nominal posts.
(ii) Solid Picket: A fence made up of upright nominal wooden boards or other permanent material that abut one another, side by side with no openings. The top of the fence may be pointed or blunt.
(iii) Stockade or Palisade: A fence constructed with a row of large pointed stakes of wood or other permanent material placed upright against each other having more than fifty (50) percent of the area of its vertical plane closed to light or air.
(iv) Wall: A solid fence constructed of stone or brick.
(c) Open Fence: A fence constructed for its functional, ornamental or decorative effect and, when viewed at right angles, does not inhibit public view or provide seclusion. Open fences include:
(i) Bollard and Chain: A fence that is constructed of a length of chain strung between bollards which are spaced no greater than ten (10) feet apart and less than four (4) feet high.
(ii) Chain Link: A commercial or industrial fence made of heavy-gauge metal wire interconnected in a series of joined links. A chained link fence shall have a top rail and all top edges of the fence shall have any wire-ends bent into a loop for safety.
(iii) Open Picket: A partially open fence made of upright poles or slats.
(iv) Smooth Rail, Split Rail, Milled Rail or Contemporary Rail: A fence constructed of narrow, whole or split, boards placed horizontally between upright supporting posts. For the purpose of improved containment, smooth rail, split rail, milled rail or contemporary rail fences may have supplemental wire or plastic mesh of a neutral color attached to the interior side of the fence where the opening size shall be not less than a one-by-one (1x1) inches designed in a horizontal grid.
(d) Wrought Iron: A fence constructed of metal, including aluminum, iron or steel, pipe, tubes or bar stock and having some type of decorative features or design. Wrought iron fences shall not have pointed ends exposed but may have finials with blunt ends.
(89) Flood plain: Any area designated as such by the Federal Emergency Management Agency. (FEMA)
(90) Floor Area: The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts, and rooms, storage spaces, display windows, fitting rooms, and similar areas. In terms of residential uses, the floor area calculation shall exclude, basement floor areas not devoted to residential use, but shall include the area of porches, decks, patios and terraces. All interior dimensions shall be measured between interior faces of walls.
(91) Frontage: The side or sides of a lot or parcel defined as a front lot line (See lot line).
(92) Garage, Private: A detached accessory structure or portion of a principal building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles; with no facilities for mechanical service or repair of a commercial or public nature.
(93) Garage, Storage: A structure or portion thereof designed or used exclusively for storage of motor-driven vehicles, and at which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold.
(94) Garden Apartments: A residential structure having a height limit of two and one-half (2-1/2) stories and containing three (3) or more attached rooms or suites of rooms, each room or suite having its own cooking facilities and being used as a dwelling for one (1) family.
(95) Grade: Is defined as follows:
(a) For structures having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(b) For structures having walls adjoining more than one (1) street, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets.
(c) For structures having no wall adjoining the street, the average elevation of the sidewalks.
(d) Where no sidewalk exists, the Director of Public Service shall establish the grade.
(96) Gross Floor Area: The sum of the gross horizontal areas of all the floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, and the sum of any porches, decks, patios and terraces.
(97) Group Adult Care Facility: A residence, facility, institution, hotel, or congregate housing project licensed by the Department of Health under ORC 3722, which provides accommodations and supervision to three (3) to sixteen (16) unrelated adults, at least three of whom are provided personal care services as defined herein. An Adult Care Facility does not include: (a) A facility operated by a hospice care program licensed under ORC 3712 that is used exclusively for care of hospice patients; (b) A nursing home, residential care facility, or home for the aging as defined in ORC 3721; (c) A community alternative home as defined in ORC 3724; (d) An alcohol and drug addiction program as defined in ORC 3793; (e) A habilitation center as defined in ORC 5123; (f) A residential facility for the mentally ill licensed by the Department of Mental Health under ORC 5119; (g) A facility licensed to provide methadone treatment under ORC 3793; (h) A residential facility licensed under ORC 5123 or otherwise regulated by the Department of Mental Retardation and Developmental Disabilities; (i) Any residence, institution, hotel, congregate housing project, or similar facility that provides personal care services to fewer than three residents or that provides, for any number of residents, only housing, housekeeping, laundry, meal preparation, social or recreational activities, maintenance, security, transportation, and similar services that are not personal care services or skilled nursing care; (j) Any facility that receives funding for operating costs from the Department of Development under any program established to provide emergency shelter housing or transitional housing for the homeless; (k) A terminal care facility for the homeless that has entered into an agreement with a hospice care program under ORC 3712; (l) A facility approved by the Veterans Administration under section 104(a) of the "Veterans Health Care Amendments of 1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively for the placement and care of veterans; (m) Until January 1, 1994, the portion of a facility in which care is provided exclusively to members of a religious order if the facility is owned by or part of a nonprofit institution of higher education authorized to award degrees by the Ohio Board of Regents under ORC 1713.
(98) Group Foster Home: A private residence certified by the Ohio Department of Job and Family Services pursuant to ORC 5103 in which no more than five (5) children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children care, supervision, or training twenty-four hours a day. More than five (5) children may occupy a group foster home only when necessary to accommodate a sibling group or the remaining members of a sibling group.
(99) Group MR/DD Residential Facility: A residential home or facility inspected and licensed by the Department of Mental Retardation and Developmental Disabilities pursuant to ORC Chapter 5123 that provides room and board, personal care, habilitation services, and supervision in a family setting by a person not a relative or legal guardian for mentally retarded or developmentally disabled persons. An MR/DD Residential Facility may also include a respite care home certified under ORC Chapter 5126, a county home or district home operated pursuant to ORC Chapter 5155, or a dwelling in which the only mentally retarded or developmentally disabled residents are in an independent living arrangement or are being provided supported living.
(100) Hazardous Waste: has the same meaning as in section 3745-51 of the Ohio Administrative Code.
(101) Hearing, Adjudicative: A proceeding which takes place outside the judicial process before officials who have been granted judicial authority expressly for the purpose of conducting such hearing, wherein evidence is taken for the purpose of determining an issue of fact and reaching a decision on the basis of that evidence. This proceeding is regulated by Section 1105.09 and is used for determinations on applications for: conditional uses; preliminary and final Site Plan reviews; zoning variances; and design review Certificates of Appropriateness.
(102) Hearing, Public: A formal meeting held pursuant to public notice by a commission or board established by this Zoning Code, which is intended to inform and obtain public comment prior to any action by the commission or board. This proceeding is regulated by Section 1105.08 (Public Hearing Requirements) and is used for: amendments to the text of the Zoning Code; additions or changes to Zoning District Maps; or change of land use classifications.
(103) Height, Maximum: A horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane except as permitted by the district regulations.
(104) High Water Level: The estimated high water level as determined by the appropriate public agency from calculations based on a twenty-five year rainfall frequency
(105) Home Occupation: An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.
(106) Hospital: A facility which provides accommodations and continuous services for the sick and injured which may include pediatrics, obstetrical, medical, surgical, psychiatric, and extended care. (Ord. 78-2010. Passed 8-2-10.)
(107) Hotel: One or more structures or buildings containing more than ten (10) separate guest rooms where a transient guest can obtain an accommodation for a fee to remain on the hotel premises for a period not to exceed thirty (30) consecutive days and which meets the following additional requirements:
(a) Provide fresh linens before a guest occupies a room, or if the same guest occupies the room for more than two (2) days, at least three (3) times week;
(b) Guests enter through a lobby or foyer and access to all guest rooms is off an interior hallway;
(c) Clean each accommodation in use daily;
(d) Make each accommodation available for a fee on a daily basis; and
(e) If a garage for motor vehicles is provided, it must be a public garage.
(f) Provides various other personal services such as a laundry, dry cleaning, entertainment, and similar services or a full service restaurant open to the public.
The term “hotel” excludes the terms, “dwelling unit” and “dwelling, multi-family”. No portion of a hotel shall be used as a permanent residence. The term “
(Ord. 012-2021. Passed 3-29-21.)
(108) Improvements: Street pavements, with or without curb or gutter, sidewalks, cross-walkways, water mains, sanitary and storm sewers, street trees and other appropriate items.
(109) Independent Living Facility: A residential facility for seniors over 55 years of age which provides common areas for meals or recreation. Independent Living facilities have staff on duty 24 hours per day to assist residents and to provide immediate assistance in emergency situations. The minimum living area per unit shall be 400 square feet.
(110) Indoor Commercial Recreational Facilities: Commercial recreational facilities located completely within an enclosed building; to include bowling alleys, driving and batting ranges, amusement arcades, miniature golf, basketball and tennis courts, pool halls, water parks, and similar facilities.
(111) Industrial Development: A planned industrial area specifically for industrial use, providing screen planting and adjacent roadway improvements.
(112) Industrialized Unit: A building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. "Industrialized unit" includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. "Industrialized unit" does not include a manufactured home as separately defined.
(113) Institutional Use: A facility consisting of one or more structures occupied for public use by a government agency, non-profit corporation, or non-profit establishment. (Ord. 78-2010. Passed 8-2-10.)
(114) Jail/Correction Facility: A facility under the jurisdiction of a county, state or federal government for the confinement of ten (10) or more persons having been arrested, awaiting trial, or those convicted of crimes. Facilities may or may not provide additional services to individuals while confined therein including, but not limited to, medical treatment, psychological treatment, and drug and alcohol rehabilitation counseling. (Ord. 088-2019. Passed 5-6-19.)
(115) Junk: An accumulation or collection of used metal, glass, paper, or other waste materials that are intended to or may be used again in some form.
(116) Kennel: Any lot or premises on which four (4) or more domesticated animals more than six (6) months of age are housed, groomed, bred, boarded, trained, sold or which offers provisions for minor medical treatment.
(117) Kiosk: A freestanding structure upon which temporary information and/or posters, notices, and announcements are posted, or a freestanding structure with one or more open sides from which commercial activities are conducted.
(118) Landscaped area: A portion of land area which has been changed, rearranged, or to which plant materials or scenery have been added to produce an aesthetic effect appropriate for a residential area.
(Ord. 78-2010. Passed 8-2-10.)
(Ord. 78-2010. Passed 8-2-10.)
(119) Large-scale retail sales establishment: A retail sales establishment which contains over 10,000 square feet of gross floor area.
(120) Large-scale retail center: A retail center which contains over 10,000 feet of gross floor area.
(121) Large-scale retail service establishment: A retail service establishment which contains over 10,000 square feet of gross floor area.
(Ord. 057-2012. Passed 3-19-12.)
(122) Laundromat: A business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises or operated for the benefit of retail customers who bring in and call for laundry.
(123) Loading Space, Off-Street: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right of way.
(124) Lot: A portion of a subdivision, or other parcel of land, intended as a unit for transfer of ownership or for development of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lots shall have frontage on an improved public street, or on an approved private street, and may consist of: a single lot of record, a portion of a lot of record; or a combination of complete lots of record, of complete lots of records and portions of lots of record, or of portions of lots of record.
(125) Lot Coverage: The ratio of enclosed ground floor area of all structures on a lot to the horizontally projected area of the lot, expressed as a percentage.
(126) Lot Line: Lot boundary line.
(a) Front Lot Line or Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered front lot lines.
(b) Rear Lot Line: The lot line that is most distant from, and is or is most nearly parallel to, the front lot line. If a rear lot line is less than fifteen (15) feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least fifteen (15) feet long, lying wholly within the lot, parallel to the front lot line. Corner or through lots will not have a rear lot line.
(c) Side Lot Line: A lot line which is neither a front lot line nor a rear lot line. For a corner lot, lot lines not defined as a front lot line shall be considered a side lot line.
(127) Lot Measurements: A lot shall be measured as follows:
(a) Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear;
(b) Frontage: The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.
(c) Width: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the front yard building setback line. For a corner lot, the width of the lot shall be equal or less than the depth of the lot.
(d) Minimum Area of: The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
(128) Lot of Record: A lot which is a part of a subdivision, the map of which has been recorded in the office of the Lucas County Recorder; or a parcel of land, the deed for which was recorded in the office of the Lucas County Recorder.
(129) Lot Types: Are defined as follows:
(a) Buffer Lot: A lot on a plat across the end of a street proposed to be extended by future platting, or a lot along the length of a street where only part of the width has been dedicated, retained by the owner but conditionally dedicated on the plat for street purposes when the street is extended or widened.
(b) Corner Lot: A lot or parcel of land located at the intersection of two (2) or more streets, or upon two parts of the same street if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot abutting the street between the side lot lines meet at an interior angle of less than one hundred thirty-five degrees (135).
(c) Interior Lot: A lot other than a corner lot with only one (1) frontage on a street.
(d) Through Lot: A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.
(e) Reversed Frontage Lot: A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. A reversed frontage lot may also be a corner lot.
(130) Major Thoroughfare Plan: The portion of the comprehensive plan adopted by the Planning Commission indicating the general location recommended for primary, secondary, and local thoroughfares.
(131) Manufactured Home, Mobile Home, and Modular Home Sales: The sale of new or used manufactured, mobile, or, modular homes. This term does not include a manufactured home park.
(132) Manufactured Home: A building unit or assembly of closed construction that meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §5401 et seq.), effective on June 15, 1976, and the federal manufactured home construction and safety standards and regulations promulgated by the Secretary of the United States of Housing and Urban Development.
(133) Manufactured Home Park: Means any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park.
(134) Manufacturing, Extractive: Any mining, quarrying, excavating, processing, storing, separating, cleaning, or marketing of any mineral natural resource.
(135) Massage: Touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).
(136) Massage Parlor: An establishment offering massage services. A massage parlor shall not include a massage studio.
(137) Massage Services: Any building, room, place, or establishment other than a regularly licensed and established hospital or dispensary where non-medical or non-surgical manipulative exercises or devices are practiced upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor, or osteopath with or without the use of therapeutic, electrical, mechanical, or bathing devices.
(138) Massage Studio: An establishment offering massage therapy and/or body work by a massage therapist licensed under ORC 4731.16 or under the direct supervision of a licensed physician. A massage studio shall not include a massage parlor.
(139) Massage Therapy: The profession in which a State of Ohio certified massage therapist applies massage techniques with the intent of positively affecting the health and well-being of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs, (ii) use hand held tools or devices designed as t-bars or knobbies, and (iii) instruct self care and stress management. 'Manual' means by use of hand or body.
(140) Master Plan: See Comprehensive Plan. (Ord. 78-2010. Passed 8-2-10.)
(141) Medical Marijuana:
(a) "Cultivator" means a person, as defined in this Section that grows, harvests, packages, and/or transports medical marijuana as authorized by Chapter 3796 of the Ohio Revised Code.
(b) "Dispensary" means a person, as defined in this Section that sells medical marijuana as authorized by Chapter 3796 of the Ohio Revised Code.
(c) "License Technician" for the purpose of this Chapter, means the Mayor or his/her designee.
(d) "Local operating license" means a license issued by the city of Maumee to a medical marijuana entity. A medical marijuana entity may not operate within the city of Maumee without a valid local operating license.
(e) "Local provisional license" means a temporary license issued by the City of Maumee to a medical marijuana entity that establishes conditions that must be met by the medical marijuana entity before a certificate of operation is issued to it.
(f) "Marijuana" means: marijuana as defined by Section 3719.01 of the Ohio Revised Code. Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, o t"' used for a medical purpose.
(g) "Medical marijuana entity" means a medical marijuana cultivator, processor, dispensary, or testing laboratory as authorized by Chapter 3796 of the Ohio Revised Code.
(h) “Person”, means any natural or corporate person, business association or other business entity, including but not limited to a firm, corporation, limited liability company, partnership, joint venture, sole proprietorship, or any other legal entity
(i) "Processor" means a person, as defined in this Section that manufactures medical marijuana products as authorized by Chapter 3796 of the Ohio Revised Code.
(j) “Testing Laboratory" means a person, as defined in this Section that conducts medical and scientific research on marijuana as authorized by Chapter 3796 of the Ohio Revised Code.
(k) "Prohibited facility" means a school, place of worship, public library, public playground or public area.
(l) "Valid" means not expired, suspended, or revoked.
(Ord. 175-2017. Passed 10-2-17.)
(142) Mini-Warehouse: (also called a self-service storage facility) A structure or group of structures in a controlled access and fenced compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the storage of customer's goods or wares.
(143) Mobile Home: A transportable structure that is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to enactment of the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §6401 et seq.), effective on June 15, 1976, and usually built to the voluntary industry standards of the American National Standards Institute (ANSI) - A119.1 standards for mobile homes.
(144) Modular Home: See Manufactured Home.
(145) Monument: For the purposes of Title Five, Subdivision Control, a monument shall be defined as follows:
(a) TYPE A: A cylindrical concrete marker six inches in diameter and thirty inches in length with a one-quarter-inch iron rod cast at the central axis of the cylinder. Such marker shall be placed in a vertical position with its top being level with the surface of the surrounding ground.
(b) TYPE B: A cylindrical concrete marker as described under Type A except that a machine type iron bolt (without nut) of one-inch diameter by twelve inches in length shall be placed in a vertical position with the head of the bolt upward and level with the surface of the pavement. A point shall be marked on the head of the bolt to indicate the exact point referred to on the final plat.
(146) (EDITOR’S NOTE: Former subsection (146) was repealed by Ordinance 012-2021, passed March 29, 2021.)
(147) Motor Freight Terminal: A structure or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are packed or stored.
(148) Motor Vehicle: Any vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except road rollers, traction engines, power shovels, power cranes and other equipment used in construction work and not designed for or employed in general highway transportation, well drilling, machinery, ditch digging machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed of twenty-five (25) miles per hour or less, threshing machinery, hay baling machinery, corn sheller, hammermill, and agricultural tractors and machinery used in the production of horticultural, agricultural, and vegetable products.
(149) Nightclub: A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and live or recorded musical entertainment is provided. Nightclubs also include establishments that dispense alcoholic beverages for consumption on the premises and offer entertainment by magicians, comedians, actors or similar performers.
(150) Nonconforming Use: The use of land or a structure, existing at the time of enactment of this Zoning Code, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.
(151) Non-Conformity: An existing use or structure which fails to comply in some respect with the use of bulk regulations applicable to new uses or structures in the district in which it is located.
(152) Nursing Home: A home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services but not skilled nursing care. A nursing home is licensed to provide personal care services and skilled nursing care.
(153) Office: Place of business where professional services or clerical duties are performed.
(154) Official Plan: A plan or plans adopted by the Planning Commission and deposited with the Municipal Clerk and the Director of Public Service, showing the plan of development of major streets, parks, schools, public grounds and similar facilities within the corporate limits or within the territory within three miles of such corporate limits.
(155) Open Space: An area substantially open to the sky which may be on the same lot with a structure. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, or any other recreational facilities that the Planning Commission deems permissible. Streets, parking areas, structures for habitation, and the like shall not be included.
(156) Operator (Facility Operator): Has the same meaning as in section 3745-27-01(O)(5) of the Ohio Administrative Code.
(157) Outdoor Commercial Recreational Facilities: Commercial recreational facilities located outdoors to include miniature golf courses, batting cages, and similar facilities, including structures associated with such uses, but excluding racing, rallies or similar events or facilities involving go-carts, motorcycles, race cars or similar vehicles.
(158) Outdoor Storage: The storage of goods and materials outside of any structure, but not including storage of a temporary or emergency nature.
(159) Owner (Property Owner): Has the same meaning as in section 3745-27-01(O)(7) of the Ohio Administrative Code.
(160) Parcel: A lot or contiguous groups of lots in single ownership or under single control, and usually considered a unit of land for purposes of development or as shown on the tax duplicate.
(161) Parking Lot, Public: An open area, other than a street or alley, designed for use or used for the temporary parking of more than four (4) motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.
(162) Parking Space: A hard surfaced area of asphalt, concrete, or other approved material enclosed in the main building or in an accessory structure, or unenclosed, having an area of not less than one hundred eighty (180) square feet exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
(163) Parking Space, Off-street: An area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but located totally outside of any street or alley right-of-way.
(164) Patio: A paved area that adjoins a residential structure, the height of which is less than six inches (6 in.) above the average level of the adjoining ground.
(165) Performance Bond or Surety Bond: An agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(166) Personal Services: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shop, beauty parlor, and similar activities.
(167) Personal Wireless Services: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. 1332(c)(7).
(168) Place: An open, unoccupied space or a public or officially approved private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.
(169) Place of Worship: A building or other location where a group of people regularly gather to perform religious activities.
(170) Planned Unit Development: An area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
(171) Planning Commission: The Municipal Planning Commission of Maumee, Ohio.
(172) Plat: A map showing the location, boundaries, and ownership of individual properties on a tract or parcel of land showing an owner's subdivision plan which, in final form, is intended for record or required by law to be recorded.
(173) Porch: A covered or uncovered floor, deck, or platform at the entrance to a structure, the height of which is six inches (6 in.) or more above the average level of the adjoining ground.
(174) Premises: A parcel or unit of contiguous real property devoted to the same business usage which is not divided by any public highway or alley.
(175) Preserved Green Space: A separate tax parcel designated on a recorded plat as Preserved Green Space and/or subject to a declaration of restrictions prohibiting development on such parcel, aside from landscaping and outdoor amenities commonly incorporated in landscaping such as benches, gazebos, picnic tables and decorative retention ponds.
(176) Private Club: An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such associations are conducted by a board of directors, executive committee, or similar body chosen by the members.
(177) Private School: Private pre-primary, primary, grade, high, or preparatory school or academy. (Ord. 78-2010. Passed 8-2-10.)
(178) Professional Services: Services within the scope of the practice of specialized fields, including but not limited to: accounting, architecture, barber shops, hair salons, dentistry, landscape architecture, land surveying, law, medicine, optometry, professional engineering, real estate, or services provided in connection with the professional employment or practice of a person who is licensed or registered by the State of Ohio. Includes Professional Service Establishments, Service Establishments and Professional Service Offices when referenced in the zoning code. The Urban Planning Manager in consultation with the Law Director and City Administrator is granted the authority to make the final determination for Professional Services for services not defined herein.
(Ord. 038-2024. Passed 11-18-24.)
(179) Professional Service Establishment: An establishment which provides services that involve some specialized advanced education, licensing and/or certification, such as: hospitals, clinics, laboratories, dialysis centers, urgent care centers, or offices of doctors, osteopaths, chiropractors, nurses, physical therapists, and other licensed or certified medical service providers; offices of lawyers, architects, engineers, veterinarians, and similar occupations requiring specialized higher education, licensing and/or certification; purveyors of financial services, including stockbrokers, banks, insurance agencies, and real estate offices; travel agencies; and funeral homes. Includes Professional Services, Service Establishments and Professional Service Offices when referenced in the zoning code.
(Ord. 034-2023. Passed 10-4-23.)
(180) Projections: Parts of structures such as architectural features which are exempted, to a specified amount, from the yard requirements of the Zoning Code. Thus, bay windows, vestibules, eaves, uncovered porches, and the like may be permitted to project into required yards.
(181) Public or Semi-Public Area: Any area where the public is directly or indirectly invited to visit or permitted to congregate. This may include public ways, public uses, parks, playgrounds, trails, paths, and other recreational areas and open spaces; scenic and historic sites; schools and other structures; and private meeting areas which function as public areas, such as shopping malls, shopping areas, or private plazas with benches.
(182) Public Safety Communication System: A communication system owned or operated by a governmental entity such as a law enforcement agency, public works department, municipal transit authority or medical facility.
(183) Public Service Facility: The erection, construction, alteration, operation, or maintenance of structures, power plants, or substations, water treatment plants, or pumping stations, sewage disposal, or pumping plants or other similar public service structures by a public utility, by a railroad, whether publicly or privately owned or by a municipal or other governmental agency, including the furnishings of electrical, gas, rail transport, communication, public water, and sewage services.
(184) Public Uses: Public parks, schools, administrative and cultural structures, not including public land or structures devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(185) Public Way: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel viaduct, walk, bicycle path, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(186) Recording, Radio, or Television Studio: A place for radio (oral), television (visual), or musical recording production. Radio or television studio shall mean only that part of a radio or television station from which the signal originates and shall not include the transmitter or antenna parts of the station.
(187) Recreational Vehicles: Motorized, or non-motorized vehicles including but not limited to, the following:
(a) Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses.
(b) Pickup Camper: A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or vacation uses.
(c) Motorized Home: A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(d) Folding Trailer: A folding structure mounted on wheels and designed for travel and vacation uses.
(e) Boats and Boat Trailers: Include boats, floats, and rafts, personal watercraft, and the normal equipment to transport the same on the highway.
(f) Snowmobile: Includes any self-propelled vehicle designed primarily for use on snow or ice, and steered by skis, runners, or caterpillar treads, and the equipment to transport the same on the highway.
(g) All Purpose Vehicle: Includes any self-propelled vehicle designed primarily for cross-country travel on land and water, or on more than one (1) type of terrain, and steered by wheels or caterpillar treads, or any combination thereof, including vehicles that operate on a cushion of air, vehicles commonly known as all terrain vehicles, all season vehicles, mini-bikes, and trail bikes, and the equipment to transport the same on the highway.
(188) Recreational Vehicle Sales and Service: The sale or rental of new or used recreational vehicles; including repair and maintenance activity when performed on vehicles of the same type and nature as those sold or rented on the premises.
(189) Recycling Facility: A facility that is not a junkyard and in which recoverable resources are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
(190) Research Activities: Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of such building.
(191) Residential District: Any zoning district designated R-1, R-2, R-2A, R-3, or R-4.
(192) Residence: A structure or part of a structure containing dwelling units or rooming units, including single-family or two-family houses, multiple dwellings, boarding or rooming houses, or apartments. Residences do not include: such transient hotels, motels, tourist cabins, or trailer courts, dormitories, fraternity or sorority houses, in a mixed-use structure, that part of the structure used for any nonresidential uses, except accessory to residential uses; recreational vehicles.
(193) Restaurant: A retail establishment that serves food and beverages primarily for on-premises consumption. Alcoholic beverages may be sold for consumption on premises, but sales of alcoholic beverages constitute less than fifty (50) percent of revenue.
(194) Restaurants, with drive-in or Drive-Through Facilities: A retail establishment that delivers prepared food and/or beverages to customers in motor vehicles or at a drive-through window; regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles; for consumption either on or off the premises.
(Ord. 78-2010. Passed 8-2-10.)
(Ord. 78-2010. Passed 8-2-10.)
(195) Retail Center: A collection of retail sales and/or service establishments planned on a single site to serve the public, with integrated parking and loading areas, vehicular and pedestrian circulation, and points of ingress and egress. The term retail center includes multiple retail sales and/or service establishments in a single building, shopping center, lifestyle center, outlet center, power center, strip center, and shopping mall.
(a) Large-scale Retail Center: A retail center which contains more than 10,000 square feet of gross floor area.
(b) Medium-scale Retail Center: A retail center which contains between 5,000 and 10,000 square feet of gross floor area.
(c) Small-Scale Retail Center: A retail center which does not exceed 5,000 square feet of gross floor area.
(Ord. 057-2012. Passed 3-19-12.)
(196) Retail Sales: The sale of goods, merchandise, and commodities for consumption or use by the purchaser.
(Ord. 78-2012. Passed 8-2-10.)
(197) Retail Sales Establishment: A business offering consumer goods directly for sale to the end consumer, where such goods are available for immediate purchase and consumption or removal from the premises by the consumer. The term retail sales establishment includes, but is not limited to uses such as: retail food sales establishments, providing food or beverages for consumption off the premises, such as; supermarkets, grocery stores, bakeries, candy stores, butcher, delicatessen, catering, convenience store, or similar establishment; food sales establishments providing for the sale of foods or beverages for consumption on or off the premises, including restaurants with or without drive through facilities, bars, taverns, nightclubs, or similar establishments; specialty retail sales establishments, providing one type or line of merchandise such as: apparel stores, jewelry stores, book stores, drug stores, shoe stores, stationery stores, antique stores, and similar establishments; household retail sales establishments, providing operations that sell goods for furnishing or decorating housing units such as furniture store, electronic store, appliance store, or similar establishment; and general merchandise retail sales establishments, such as department stores, discount stores, farm stores, office supply stores, and home and building improvement stores; and bulk merchandise retail sales establishments, providing high volume and various products in a warehouse setting to the public.
(a) Large-scale Retail Sales Establishment: A retail sales establishment which contains more than 10,000 square feet of gross floor area.
(b) Medium-scale Retail Sales Establishment: A retail sales establishment which contains between 5,000 and 10,000 square feet of gross floor area.
(c) Small-Scale Retail Sales Establishment: A retail sales establishment which does not exceed 5,000 square feet of gross floor area.
(198) Retail-Service Establishment: A business providing services to the general public for personal or household use, such as: barber shops, beauty parlors, dressmaking, tailoring, dry cleaners, laundromats, shoe repair, bicycle repair, pharmacy, home appliance repair, dance studio, health club, gym, exercise studio, printing and/or copying center, photographers' studios, or similar establishment.
(a) Large-scale Retail-Service Establishment: A retail service establishment which contains more than 10,000 square feet of gross floor area.
(b) Medium-scale Retail Service Establishment: A retail service establishment which contains between 5,000 and 10,000 square feet of gross floor area.
(c) Small-Scale Retail Service Establishment: A retail service establishment which does not exceed 5,000 square feet of gross floor area.
(Ord. 057. Passed 3-19-12.)
(199) Right-of-Way: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates end curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
(200) Roadside Stand: A temporary structure designed or used for the display or sale of agricultural and related products.
(201) Roof Line: The upper edge of any building wall or parapet.
(202) Sanitary Landfill Facility: Has the same meaning as in section 3745-27-01(S)(4) of the Ohio Administrative Code.
(203) School: Any public or private primary, intermediate or secondary educational provider including instructional and recreational uses, which does not provide living quarters for students or teachers, excluding trade, business, and vocational schools.
(204) Screening: Solid walls, fences, and/or dense living evergreen vegetation for the purpose of effectively concealing from view structures, vehicles, equipment, apparatus, etc.
(205) Seat: For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four linear inches (24 l. in.) of benches, pews, or space for placement of temporary chairs.
(206) Setback Line: A line established on a parcel for the purpose of prohibiting construction of a building between such line and an easement, right of way, lot line, or other public area in the interest of protecting the general welfare. (See "building setback line.")
(207) Sewers, Central or Group: An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
(208) Sewers, On-Site: A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(209) Sexually Oriented Business: An establishment where a substantial portion of the use is related to adult materials, visual representations, performances, or services characterized by an emphasis upon specified sexual activities or specified sexual anatomical areas, including an: adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult-only entertainment establishment, adult theater, escort agency, nude model studio, sexual encounter center, or sexually oriented spa more specifically defined hereunder by this Zoning Code.
(a) Adult Arcade: Any establishment offering adult material as a substantial portion of its stock-in-trade, to which the public is permitted or invited for any form of consideration and wherein coin operated, slug operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or display of specified sexual activities or specified sexual anatomical areas.
(b) Adult Bookstore: Any establishment that offers adult materials for retail sale or rental as a substantial portion of its stock-in-trade, for any form of consideration, including printed matter, visual representations, instruments, devices or paraphernalia.
(c) Adult Cabaret: A nightclub, bar, restaurant, or other similar establishment that features, as a substantial portion of its business, live performances characterized by the exposure of specified sexual anatomical areas or by the depiction of specified sexual activities, and by films, motion pictures, computer files or software, laser discs, video cassettes, DVD's, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material characterized by the emphasis upon the depiction or description of specified sexual activities or specified sexual anatomical areas.
(d) Adult Motel: A hotel, motel, or similar commercial establishment that offers accommodation to the public for any form of consideration, provides patrons with close-circuit television transmissions, films, motion pictures, laser discs, videocassettes, DVDs, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities, or adult material, and:
(i) Has a sign visible from the public right-of-way that advertises the availability of adult and/or sexually explicit materials along with room rentals, or
(ii) Offers a sleeping room for rent for a period of time that is less than ten (10) hours, or
(iii) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(e) Adult Motion Picture Theater: A establishment where, for any form of consideration, films, motion pictures, computer files or software, laser discs, video cassettes, DVD's, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the description of specified sexual activities or specified sexual anatomical areas.
(f) Adult-Only Entertainment Establishment: An establishment where the patron directly or indirectly is charged a fee and where the establishment features entertainment or services, such as exhibitions, dance routines, gyrational choreography, lingerie modeling, lingerie dancers, strippers (male or female), female impersonators, or similar entertainment, performed by persons who exhibit specified sexual anatomical areas, depict specified sexual activities, or which otherwise involves or constitutes adult materials as defined in this chapter.
(g) Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment that features, as a substantial portion of its stock-in-trade, persons or live performances that are characterized by the exposure of specified sexual anatomical areas or specified sexual activities.
(h) Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. The escort is a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(i) Nude Model Studio: Any place where a person who exhibits specified sexual anatomical areas is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. A Nude Model Studio shall not include a proprietary school licensed by the State of Ohio or a College, Junior College, or University supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a College, Junior College, or University supported entirely or partly by taxation, or in a structure provided such institution meets all of the following criteria:
(i) There is no sign visible from the exterior of the structure and no other advertising that indicates a person exhibiting specified sexual anatomical areas is available for viewing; and
(ii) In order to participate in a class, a student must enroll at least three days in advance of the class; and
(iii) No more than one person exhibiting specified sexual anatomical areas is on the premises at any one time.
(j) Sexual Encounter Center: A business or commercial enterprise that for any form of consideration offers activities or physical contact, including wrestling or tumbling, between male and female persons and/or persons of the same sex when one or more of the persons exhibits or displays specified sexual anatomical areas for the purpose of specified sexual activities.
(k) Sexually Oriented Spa: A place or structure that provides bathing, saunas, showers or hot tubs, and engages in or offers to engage patrons in specified sexual activities or activities commonly associated with a sexual encounter center, for any form of consideration.
(210) Sidewalk: That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
(211) Signs: A name, identification, description, display, device, structure, or illustration which is affixed to or painted or otherwise represented directly or indirectly upon a structure or parcel of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business.
(a) Awning Sign: A sign printed or embroidered upon an awning as defined in this section.
(b) Billboard or Poster Panel: A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premise on which the sign is located.
(c) Business Center Sign: A sign which gives direction and identification to a group of two (2) or more contiguous stores or an industrial park developed as a planned complex.
(d) Business Sign: A sign which directs attention to a business or profession conducted or to a product service activity sold or offered upon the premises where such sign is located.
(e) Company Flag: A flag containing an officially adopted name, symbol, insignia, mark, or logo of a company, franchise, or business.
(f) Copy: A graphic, word, numeral, symbol, insignia, text, sample, model, device or combination thereof that is intended to inform, direct, or otherwise transmit information on a sign.
(g) Directional Sign: A sign that indicates the direction of traffic movement.
(h) Electronic Message Centers: An electrically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. The message content may be displayed as pixels on a display surface, which pixels may consist of incandescent lamps, reflective disks, light emitting diodes (LEDs), liquid crystal components (LCDs), neon or various combinations of these technologies or any currently unknown technologies which may be developed which replaces or improves upon any of these technologies.
(i) Embellishments: A purely decorative adornment or structural trim on a sign which includes letters, figures, characters, or representations in cutouts or irregular forms or similar ornaments attached to or superimposed upon a sign, as well as any molding, battens, capping, nailing strips, latticing, and platforms which are attached to a sign structure. An embellishment shall not include any design which appears in the corporate logo of the business or products advertised; or a symbol or representation which typifies the nature of the business or products advertised.
(j) Entranceway Sign: A sign that designates the entranceway to a residential, commercial, or industrial subdivision.
(k) Face: The area or display surface of a sign used for the message.
(l) Flag: The flag of the United States, a state, city, or foreign nation having diplomatic ties to the United States and any other flag adopted or sanctioned by a governmental unit, or any like item which contains no words or symbols associated with the advertisement or location of an item, product, price, service, event, business, company, or parking area.
(m) Flashing sign: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use.
(n) Freestanding Signs: A sign that is supported by a frame that is freestanding and is not attached to a structure.
(o) Ground Sign: A sign placed in a planter or decorative structure where the entire bottom of the sign is generally in contact with or in close proximity to the ground.
(p) Identification Sign: A sign that identifies the business name, owner, or resident and/or the street address and which sets forth no other advertisement.
(q) Illuminated Sign: Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
(r) Inflatable Sign: Any lighter-than-air or gas-filled balloon or inflatable object attached to a definite or fixed location and used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment.
(s) Lighting Device: Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
(t) Marquee Sign: An identification or business sign attached to a marquee, canopy, or awning projecting from a structure.
(u) Name Sign: A sign that indicates the name of the building, premises, company, or business, including emblems, insignias, and marks.
(v) Off-Premises Sign: Any sign unrelated to a business or profession conducted, or a commodity or service sold or offered upon the premises where such a sign is located.
(w) On-Premises Sign: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
(x) Outdoor Display Structure: A device designed or used to display, incorporate, hold, or otherwise exhibit an outdoor advertising sign.
(y) Pennant: A number of similarly shaped (usually triangular) pieces of material connected together by string or rope and used to decorate or attract the attention of passers-by.
(z) Pole Sign: A sign supported by one (1) or more uprights, poles or braces placed in or upon the ground and not attached to a structure.
(aa) Portable Sign: A freestanding sign not permanently anchored or secured to either a structure or the ground, such as but not limited to "A" frame, poles temporarily driven into ground, T-shaped, or inverted T-shaped sign structures.
(bb) Projecting Sign: A sign which is affixed to any structure other than a marquee and projects in such a way that the message is not parallel to the wall to which it is attached.
(cc) Streamer: Narrow strips of material connected together by string or ropes and used to decorate or attract the attention of passers-by.
(dd) Surface Area of Signs: The entire area within a circle, triangle, a parallelogram, or any other configuration enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two (2) or more faces the area of all faces shall be included in determining the area of the sign.
(ee) Temporary Sign: A display sign banner or other advertising device with or without a structural frame intended for a limited period of display, including displays for holidays or public demonstrations.
(ff) Wall Sign: A sign which is attached directly to or painted upon a structure which does not project more than twelve (12) inches there from. The exposed face of the sign must be in a plane parallel to the surface upon which it is attached or painted. The sign must not extend above the height of the structure wall or other structure.
(212) Site: A parcel of land intended or suitable for development; also the ground or area on which a structure (or structures) have been built.
(213) Site Plan: A plan, to scale, showing uses and structures proposed for a parcel of land. It includes lot lines, streets, building sites, reserved open space, structures, major landscape features, both natural and man-made, and the locations of proposed utility lines and similar physical characteristics or a site in accordance with the purposes and requirement of the Maumee Revised Code requirements of this Zoning Code.
(214) Site Plan Review: The process whereby the Planning Commission and/or staff review Site Plans, maps and supporting documentation to assure that proposed development meets the stated purposes and requirements of the Maumee Revised Code.
(215) Solid Waste(s): Has the same meaning as stated in section 3734.01(E) of the Ohio Revised Code.
(216) Solid Waste Facility: Any site, location, tract of land, installation, or building used for incineration, composting, sanitary landfill, or other approved methods of disposal of solid wastes or, if the solid wastes consist of scrap tires, for the collection, storage, or processing of the solid wastes; for the transfer of solid wastes; for the treatment of infectious wastes or for the disposal of construction and demolition debris including a Construction and Demolition Debris Facility, for the sorting or treatment of recoverable resources including a Recycling Facility or an Energy Recovery Facility. Solid Waste Facility does not include the handling, treatment, or processing of Hazardous Waste.
(217) Solid Waste Disposal Facility: Has the same meaning as provided in section 3745-27-01(S) (25) of the Ohio Administrative Code.
(218) Solid Waste Energy Recovery Facility: Has the same meaning as in section 3745-27-01(S) (25) of the Ohio Administrative Code.
(219) Solid Waste Incinerator: Any equipment, machine, device, article, contrivance, structure, or part of a structure used to burn solid and/or infections wastes to ash.
(220) Solid Waste Transfer Facility: Has the same meaning as in section 3734.01(U) of the Ohio Revised Code.
(221) Specified Sexual Activities: Includes any of the following as part or in connection with any of the uses of an establishment set forth in this Zoning Code:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(b) Sexual activity, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, sadomasochistic activities, or bestiality;
(c) Actual or simulated masturbation, or the penetration of an orifice with a sex toy;.
(d) Excretory functions, actual or simulated, including urination, defecation, male ejaculation, or the aftermath of male ejaculation.
(222) Specified Sexual Anatomical Areas: The showing of less than completely and opaquely covered human: genitals; pubic region; vulva; buttocks; anus; anal cleft; or human male genitals in a discernible turgid state even if completely and opaquely covered. The showing of the lower portion of the female breast below a horizontal line across the top of the areola at its highest point, but not including any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bath suit, or other wearing apparel provided the areola or nipple is not exposed in whole or in part.
(223) Start of Construction: The first placement of permanent construction of a structure, other than a mobile home, on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 structures, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure, other than a mobile home, without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed, including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities, is completed.
(Ord. 78-2010. Passed 8-2-10.)
(224) Story: That portion of a building included between the surface of any floor and the surface of the finished ceiling above, also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless the height of the surface of the first floor above the average elevation of the finished lot grade at the front of the building exceeds four (4) feet. (Ord. 113-2020. Passed 12-21-20.)
(225) Story, Half: A partial story under a gable, hip, or gambrel roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than three (3) feet above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.
(226) Street, Thoroughfare, or Road: The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
(a) Alley: A collector street used primarily for vehicular service access to the back or side of properties abutting on another street.
(b) Arterial Street (Major): A highway primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route consisting of four (4) lanes or more.
(c) Arterial Street (Minor): A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to major arterial streets, including the principal entrance and circulation routes within residential subdivisions containing two (2) lanes.
(d) Cul-de-sac: A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround.
(e) Dead-End Street: A street having only one (1) outlet for vehicular traffic.
(f) Expressway: A limited access, high-speed street generally part of a larger state or federal transportation network moving large volumes of traffic from region to region.
(g) Collector Street: A street primarily for providing access to residential or other abutting property.
(h) Loop Street: A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred eighty degree (180) system of turns are not more than one thousand (1,000) feet from such arterial or collector street, nor normally more than six hundred (600) feet from each other.
(i) Marginal Access Street: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
(j) Minor Street: A street supplementary to a secondary street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.
(k) Primary Street: A street or section line road of substantial continuity which serves or is intended to serve as a major traffic-way within the City, County or both and is designated in the official plan as a limited access highway, major thoroughfare, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.
(l) Secondary Street: A street or quarter section line road of considerable continuity which serves or is intended to serve as the principal traffic-way between large and separated areas or districts and which is the main means of access to the primary street or road system.
(m) Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street.
(227) Structure: Anything constructed, the use of which requires permanent location on or in the ground, or attachment to something having a permanent location on or in the ground. The term "structure" includes, but is not limited to, buildings, trailers, scales, outdoor signs, billboards, landfills, quarries, Solid Waste Facilities, Sanitary Landfill Facilities, Construction and Demolition Debris Facilities, fences and sand and gravel processing facilities.
(228) Structural Alterations / Structurally Alter: Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the structure.
(229) Subdivider: The owner of land being person, firm, corporation or legal entity effecting the subdivision of land.
(230) Subdivision: Is defined as follows:
(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two (2) or more parcels, sites or lots, any one (1) of which is less than five (5) acres, for the purposes, whether immediate or future, of transfer of ownership; or
(b) 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; or
(c) The division or allocation of land as open spaces for common use by owner, occupants, or leaseholders or as easements for the extension and maintenance of a public sewer, water, storm drainage, or other public facility.
(d) The following transfers are not subdivisions: The division of land into parcels or more than five acres not involving any new streets or easements of access; The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites and does not result in a lot with less than the minimum requirements of the Zoning Code for such area.
(231) Substantial Portion: A measurement, count, or ratio used in the determination of a sexually oriented business, that applies as follows:
(a) For adult materials in displays visible or self-accessible to the public - more than ten (10) percent of the content, stock-in-trade, shelf-space, or inventory of the establishment;
(b) For adult materials in separate rooms or areas with access control which isolates the room or area from other parts of the store and prevents patrons from viewing adult material from the rest of the establishment - more than forty (40) percent of the gross floor area of the establishment;
(c) For performance activities or the showing of films, motion pictures, video cassettes, slides, or similar visual or photographic reproductions - more than ten (10) percent of the presentations or performances within any 90 day period in the establishment are:
(i) Characterized by the depiction or description of specified sexual activities or specified sexual anatomical areas; or
(ii) The showing of movies where the Motion Picture Association of America Movie Rating System or a rating system using similar constitutionally acceptable standards would apply an "adults only" rating, including, but not limited to "NC-17," "X," "XX," or "XXX;" or unrated films with comparable content.
(232) Superblock: A block of exceptionally large size in both dimensions, with access to interior lots by cul-de-sacs branching in from surrounding streets and providing one or more open spaces.
(233) Supply or Storage Yard: An unenclosed portion of a lot or parcel upon which a construction contractor, wholesale supplier, or building trades company, stores and/or maintains construction equipment, construction vehicles, building materials and supplies, pipe, electrical components, construction machinery, or scrap or used building material.
(234) Surveyor: A registered surveyor authorized to practice surveying, as defined by ORC Chapter 4733.
(Ord. 78-2010. Passed 8-2-10.)
(234.1) Sweepstake Terminal Café: Any individual premises upon which any computerized sweepstake device is located for the use or entertainment of the public, whether or not such premises have other business purposes of any nature whatsoever. (Ord. 157-2010. Passed 12-6-10.)
(235) Swimming Pool: A pool, pond, lake, or open tank with a depth of at least one and one-half (1-½) feet of water at any point and maintained by the owner or manager.
(a) Private Swimming Pool: A swimming pool exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development or a community, the member and guests of a club or the patrons of a motel or hotel; an accessory use.
(b) Community Swimming Pool: A swimming pool operated with a charge for admission; a primary use.
(236) Technically Suitable: The location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the bandwidth of frequencies for which the owner or operator of the antenna(s) has been licensed by the FCC to operate without a significant loss of communication capability within developed areas of the City.
(237) Theaters, Cinemas, and Similar Places of Amusement: A structure used for dramatic, operatic, motion pictures, or other performance, for admission to which entrance money is received Such establishments may involve related services such as food and beverage sales and related concessions.
(238) Townhouse: A block of attached, one-family dwellings consisting of three (3) to eight (8) units per block. Each unit shall not exceed two and one-half (2-1/2) stories in height, and shall have a front and rear entrance to each dwelling.
(239) Tracing: A translucent drawing on linen, mylar, cronaflex or equal, from which a print can be taken directly.
(240) Trellis: A flat collection of vertical pieces with lattice wood or other material perpendicular to the vertical slats usually covered with climbing shrubs or vines.
(241) Utility Trailer: A portable structure built on a chassis intended for the hauling or storage of material, equipment, or refuse.
(242) Use: The specific purposes for which land is designated, arranged, intended, or for which it is or may be occupied or maintained.
(243) Variance: A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(244) Veterinary Animal Hospital or Clinic: A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
(245) Walkway: A public way, four (4) feet or more in width, for pedestrian use only, whether along the side of a road or not.
(246) Wholesale Sales: The sale of goods, merchandise, and commodities for resale by the purchaser.
(247) Wireless Telecommunication(s): The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or magnetic systems and includes the term "personal wireless services."
(248) Wireless Telecommunication Antenna: A device intended for receiving or transmitting television, radio, digital, microwave, cellular, personal communication service (PCS), paging or similar forms of wireless electronic communication authorized by the Federal Communications Commission (FCC) , including but not limited to directional antennas such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whip antennas. Antennas used by amateur radio operators are excluded from this definition.
(249) Wireless Telecommunication Antenna, Amateur Radio: A free standing or building-mounted structure, including any base, tower or pole, antenna, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.
(250) Wireless Telecommunication Antenna, Facade-Mounted: A communication antenna mounted on the facade of a structure such as a building, water tower, clock tower, steeple, stack or existing light pole or communication tower.
(251) Wireless Telecommunication Antenna, Satellite Dish: A structure or combination of structures incorporating a reflective surface that is in the shape of a shallow dish, cone, horn or cornucopia specifically designed to transmit and/or receive radio electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, television reception only satellite dish antennas (TVROs), and satellite microwave antennas. Such structures shall be considered as accessory structures for the purpose of regulation in this ordinance and amendments hereto.
(252) Wireless Telecommunication Equipment Shelter: The structure or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(253) Wireless Telecommunication Facility: A facility consisting of the equipment and structures involved in receiving and or transmitting wireless telecommunications.
(254) Wireless Telecommunication Support Structure: Any building or other structure other than a tower which can be used for location of telecommunication facilities.
(255) Wireless Telecommunication Tower: Any structure which elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment. A wireless telecommunication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and personal communication service towers. The term tower shall not include amateur radio operator's equipment, as licensed by the FCC.
(256) Wireless Telecommunication Tower, Co-location: The use of a wireless telecommunication facility by more than one wireless telecommunication provider.
(257) Wireless Telecommunication Tower, Monopole: A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation, constructed without guyed wires and anchors.
(258) Yard: An open space at grade between a principal building and adjoining lot lines.
(a) Yard, Front: A yard extending across the front of a lot and being the horizontal distance at grade between the street or place line and the principal building.
(b) Yard, Rear: A yard extending across the rear of a lot and being the horizontal distance at grade between the rear lot line and the rear of the principal building. The rear yard shall be opposite the front yard except on corner lots where the rear yard shall be opposite the front door, or principal entrance of the structure.
(c) Yard, Side: A yard extending across the side of a lot between the front yard and the rear yard, and being the horizontal distance at grade between the side lot line and the side of the principal building.
(d) Yard, Required Depth: The minimum allowed depth of a front, side or rear yard according to the provisions of this zoning ordinance.
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(Ord. 78-2010. Passed 8-2-10.)
(259) Zoning Administrator: Any individual in the employment of the City whose primary duties include interpreting, enforcing or administering the Zoning Code, including the Urban Planning Manager, the Administrator and/or Chief Building Official.
(260) Zoning Certificate of Compliance: A certificate issued by the Building and Zoning Inspector stating that the premises, as well as all structures on the premises, and the use of the premises, complies with the provisions of this Zoning Code.
(261) Zoning Code: The current ordinance in effect which is codified as Titles One, Three, and Five of this Part Eleven - Planning and Zoning Code.
(262) Zoning Map: The map delineating the boundaries of districts which, along with the text, comprise the Zoning Code.
(263) Zoning Use Permit: A permit issued by the Building and Zoning Inspector, upon application, certifying that the proposed use, erection, relocation, or alteration of a specified structure on a specified site complies in all respects with this Zoning Code.
(Ord. 78-2010. Passed 8-2-10; Ord. 004-2025. Passed 3-3-25.)
1103.01 TITLE.
This Ordinance shall be known and may be cited to as the "Zoning Ordinance of the City of Maumee," except as referred to herein, where it shall be known as "this Zoning Code."
1103.02 PURPOSE.
This Zoning Code is enacted for the general purpose of promoting the public health, safety, convenience, comfort, prosperity, aesthetics, or general welfare of the residents of the City of Maumee; to protect the property rights of all individuals by assuring the compatibility of uses and practices within districts; to facilitate the provision of public utilities and public services; to lessen congestion on public streets, roads, and highways; to provide for the administration and enforcement of this Zoning Code, including the provision of penalties for its violation; and for any other purpose provided in this Zoning Code, the Ohio Revised Code, or under common law rulings.
1103.03 INTERPRETATION.
In interpreting and applying the provisions of this Zoning Code, the same shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity, aesthetics, and general welfare. It is not intended by this Zoning Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Zoning Code imposes a greater restriction upon the use of structures or premises or upon height of structures, or requires larger open spaces than are imposed or required by any easements, covenants, agreements, other ordinances, rules, regulations or permits, the provisions of this Zoning Code shall govern.
1103.04 SEVERABILITY.
Should any section, clause or provision of this Zoning Code be declared by the courts to be invalid, the same shall not affect the validity of the Zoning Code as a whole or any part thereof, other than the section, clause or provision so declared to be invalid.
1103.05 AUTHORIZED AGENT.
An owner may authorize an agent to act on the owner's behalf in any application or request contained in this zoning ordinance. Written proof of authority may be required by the city for any such application or request.
1103.06 PROHIBITIONS.
(a) No person shall erect, convert, enlarge, reconstruct, move or structurally alter, or use any structure or land for any purpose which is not permitted in the district in which the structure or land is located.
(b) No person shall commence erection, relocation, or structural alteration of any structure or part of any structure in the City without a valid Zoning Use Permit.
(c) No person shall undertake external changes to any property within a Design Review Overlay District without a valid Certificate of Appropriateness issued by the Design Review Board.
(d) No person shall occupy or use any vacant land or structure, or change an existing use to any other use, without a valid Zoning Certificate of Compliance or a valid Temporary Certificate of Zoning Compliance.
(e) No person shall occupy any vacant land or structure in violation of conditions placed upon the use of property.
(f) No person shall erect or structurally alter a structure such that it is not located on a lot as herein defined and in no case shall there be more than one principal building on one lot unless otherwise provided in this Zoning Code.
(g) No person shall erect, convert, enlarge, reconstruct or structurally alter a structure except in conformity with the lot area, frontage, yard area, floor area, bulk, and open space regulations of the district in which the structure is located.
(h) No person shall erect, convert, enlarge, reconstruct, or structurally alter an accessory structure in violation of this Zoning Code.
(i) No person shall erect, keep, or maintain access to or from a public street in violation of this Zoning Code.
(j) No person shall fail to erect, keep, or maintain off-street parking and loading requirements of this Zoning Code.
(k) No person shall erect, keep, or maintain fences in violation of this Zoning Code.
(l) No person shall allow, operate, or maintain a home occupation in violation of this Zoning Code.
(m) No person shall erect, keep, or maintain signs in violation of this Zoning Code.
(n) No person shall erect, keep, or maintain wireless telecommunication towers and antenna in violation of this Zoning Code.
(o) No person shall fail to erect, keep, or maintain landscaping in violation of this Zoning Code.
(p) No person shall move, structurally alter, or reestablish after abandonment, substantial damage, or destruction a nonconforming use or increase the degree of the existing nonconformity unless otherwise provided in this Zoning Code.
(q) No person shall continue performance of any work in or about a structure or premises after revocation of a Zoning Use Permit.
(r) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made on any application or petition or other documents filed in support of an application or petition pursuant to the provisions of this Zoning Code.
1103.07 CIVIL REMEDIES.
If any structure is erected, constructed, reconstructed, relocated, altered, repaired, converted or maintained, or if any structure or land is used in violation of this Zoning Code, the City, in addition to any other remedies provided for herein, may institute such action or proceedings as are authorized by law to prevent and enjoin such unlawful erection, construction, reconstruction, relocation, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such structure or land.
1103.99 CRIMINAL PENALTIES.
(a) Except as provided in Section (b), below, whoever violates any of the provisions of this Zoning Code shall be guilty of a misdemeanor of the fourth degree. If the offender has previously been convicted of or pleaded guilty to a violation of this Zoning Code, then the offender is guilty of a misdemeanor of the third degree.
(b) Whoever violates the provisions of Section 1103.06 (r) shall be guilty of a misdemeanor of the first degree.
(c) Each calendar day such violation shall be permitted to continue or exist shall constitute a separate and distinct offense.
1105.01 PLANNING COMMISSION ESTABLISHED.
The Municipal Planning Commission is hereby established. The composition of the Planning Commission shall be as specified by the Charter of the City of Maumee. The powers and duties of the Planning Commission with respect to the administration of this Zoning Code shall include making recommendations to Council, approving or denying petitions and applications brought before it, and such other powers and duties as are conferred by the Charter of the City of Maumee and the provisions of this Zoning Code.
(a) Procedures of Planning Commission: The Planning Commission shall adopt rules necessary to the conduct of its affairs and hold meetings in keeping with the provisions of the charter and this Zoning Code. All meetings of the Planning Commission shall be open to the public. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, showing such fact, and shall keep records of its official actions all of which shall be a public record and kept in the office of the Municipal Clerk. The presence of four members of the Planning Commission shall constitute a quorum and valid votes shall be constituted by a majority vote of those present and voting.
(b) Duties of Planning Commission: The Planning Commission shall have the following duties:
(1) Initiate map or text amendments to the Zoning Code.
(2) Conduct public hearings in accordance with Section 1107.03 (Public Hearing Requirements) on, review, and make recommendations to Council on all proposed amendments to the Comprehensive Plan and/or Masterplan of the City;
(3) Upon the filing of a petition or application on all proposed amendments to the text of the Zoning Code or the Zoning District Map, conduct public hearings in accordance with Section 1107.03 (Public Hearing Requirements), review, and make appropriate recommendations to Council;
(5) Review and decide all requests for preliminary and final plats within the corporate limits of the City;
(6) Continually review the effectiveness and appropriateness of this Zoning Code and recommend such changes or amendments as it deems appropriate;
(7) Shall determine the classification of non-listed uses within the Zoning Code with similarly comprised uses elsewhere in said code provided the new use is appropriate to form based.; and
(8) Shall allow the Zoning Administrator to determine the boundary of a zoning district within 5 foot margin of error to account for line weight distortion.
(Ord. 106-2020. Passed 9-21-20.)
1105.02 BOARD OF ZONING APPEALS ESTABLISHED.
A Board of Zoning Appeals is hereby established. The word "Board", when used in this section, shall be construed to mean the Board of Zoning Appeals.
(a) Members. The Board shall consist of five (5) members. These members shall be residents of the City who are appointed by the Mayor and confirmed by Council. In connection with the first appointment of such members the terms shall be:: one for three years, two for four years, two for five years; the successor to each member so appointed shall serve for a term of five years. The Mayor and Council have the power to remove any member of the Board for cause after a public hearing. Vacancies in the Board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member. No officer or employee of the City shall be a member.
(b) Procedures of the Board of Zoning Appeals: The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs and hold meetings in keeping with the provisions of this Zoning Code. All meetings shall be open to the public. The Board shall keep a record of the proceedings before it showing the action of the Board, and the vote of each member upon each question considered. The Vice-Chairperson shall be responsible for taking minutes and recording proceedings or delegating those duties to another Board member. The presence of three members shall be necessary to constitute a quorum. All applications properly coming before the Board of Zoning Appeals shall be considered during an adjudicative hearing process as defined in Section 1105.09 (Adjudicative Hearing Requirements).
(c) Jurisdiction of Board of Zoning Appeals.
(1) Appeal to Board of Zoning Appeals.
A. An appeal from any action or ruling, except those related to Design Standards, of the Zoning Administrator based upon the provisions of this Zoning Code may be made to the Board of Zoning Appeals within thirty (30) calendar days from such action or the announcement of such ruling.
B. Within the period aforesaid, the appellant shall file with the Zoning Administrator and with the Board of Zoning Appeals a written notice of appeal, specifying the grounds thereof, accompanied by any fee which may be directed by Ordinance of Council.
C. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action or ruling appealed from was taken, and an adjudicative hearing shall be held on the matter in accordance with Section 1105.09 (Adjudicative Hearing Requirements).
(2) Variance.
A. The Board of Zoning Appeals upon written application therefore by a party in interest may authorize by permit a variation of the application of the regulations herein established as follows:
(i) Permit a variation in the minimum lot area, landscaping requirements under Chapter 1145, setback line, minimum floor area, off-street parking, and fencing requirements of any district when there are practical difficulties in implementing the provisions of this Zoning Code. The Board shall have no power to allow a change of use to one not permitted in the district.
(ii) The Board may adopt, amend and enforce such rules and regulations as it may deem necessary or desirable to carry on its functions and provide for the enforcement of this Zoning Code in accordance with the purpose and intent hereof.
(iii) The Board has the authority to attach to the issuance of a variance such conditions as it determines to be necessary for the general health, safety, and welfare, and the protection of neighboring properties, and failure to comply with such conditions shall render the variance null and void.
(iv) The Board may vote to delegate limited authority to the Zoning Administrator to issue variances within defined parameters adopted by the Board. Such delegation of authority shall only be given for frequently recurring cases where Board precedent has clearly prescribed appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with this Zoning Code and as will not be contrary to the public interest.
(v) The Board may review applications for home occupations upon referral from the Zoning Administrator.
B. In making a determination whether a variance is to be granted, the Board shall determine whether the spirit and intent behind the zoning requirement is observed by granting the variance. The Board shall consider and weigh each of the following factors to the extent applicable in deciding if landowners have encountered "practical difficulties" in using their property:
(i) Whether there can be any beneficial use of the property without the variance regardless of financial consideration;
(ii) Whether the variance is substantial in relation to the Zoning Code requirement;
(iii) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(iv) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
(v) Whether the property owner purchased the property with knowledge of the zoning restriction;
(vi) Whether the property owner's predicament can be feasibly remedied through some method other than a variance.
(vii) Whether the spirit and intent behind the zoning requirement can be observed by granting the variance.
(viii) Whether the need for a variance is self-created.
C. Any variance lawfully granted by the Board of Zoning Appeals shall expire after one (1) year from the date of such approval unless, within such period, the applicant has received a Zoning and Building Permit
(3) Sign Variance. The Board of Zoning Appeals upon written application by a party in interest may authorize a variance for a sign which does not comply with the provisions of Chapter 1143 (Signs) if, in addition to the requirements of Section 1105.02(c)(2)B., it determines that all of the following factors are met:
A. The particular sign will be in harmony with the general purpose and intent of Chapter 1143 (Signs);
B. The sign will not be injurious to the immediate neighborhood or adjacent land use;
C. The sign is sufficiently compatible with the architectural and design character of the immediate neighborhood; and
D. The sign will not be hazardous to passing traffic or otherwise detrimental to the public safety and welfare.
In granting such variance, the Board shall specify the size, type, lighting mechanism, and location of the sign and impose such other reasonable terms, restrictions, and conditions as it may deem to be in the public interest.
(4) Nonconforming Uses. The Board shall administer the provisions of Section 1130.06 (Alterations of Nonconforming Uses) and all other sections of the Zoning Code that apply relative to nonconforming uses.
(5) Temporary Accessory Structures. Grant a variance for a temporary structure in a residential district which is incidental to the marketing of the residential development for a period of not more than one (1) year.
(d) Decisions of the Board of Zoning Appeals: For each request which appears before the Board of Zoning Appeals, the Board shall issue a separate written order incorporating the specific relief requested, the decision of the Board, and the basis for the Board's decision. The decision shall be forwarded to the Zoning Administrator who shall, upon receipt of a decision granting the requested relief, issue a Zoning Permit in conformity with the Board's decision, provided that the proposal complies in all other respects with the provisions of this Zoning Code, and applicable State and Federal Law. A permanent registry of the decisions of the Board shall be maintained permanently by address in the office of the Zoning Administrator.
(Ord. 106-2020. Passed 9-21-20.)
1105.03 DESIGN REVIEW BOARD ESTABLISHED.
The Design Review Board is hereby established, which shall be responsible for hearing any appeal of a negative administrative design review decision on applications in the area bounded by the Anthony Wayne Trail, Ford Street, Key Street and the Maumee River.
(a) Members. The Design Review Board shall consist of five (5) members. All of such members shall be appointed by the Mayor and confirmed by a majority of the members of Council. In connection with the first appointment of such members, one (1) shall be appointed for a one-year term, two (2) shall be appointed for two-year terms, and two (2) shall be appointed for three-year terms. All subsequent appointments shall be for the unexpired terms, if such be the case, or for a three-year term. Members shall serve without compensation. All members shall have sufficient expertise and/or interest in order to make critical evaluations of proposed plans and to make constructive recommendations for modification of proposed plans. No officer or employee of the City shall be a member.
(b) Procedures of Design Review Board. The Design Review Board shall adopt rules necessary to the conduct of its affairs and hold meetings in keeping with the provisions of this Zoning Code. All meetings shall be open to the public. The Board shall keep a record of the proceedings before it showing the action of the Board, and the vote of each member upon each question considered. The Vice-Chairperson shall be responsible for taking minutes and recording proceedings or delegating those duties to another Board member. The presence of a majority of the members of the Board who are eligible to vote at such meeting shall be necessary to constitute a quorum. No officer or employee of the City shall be a member.
(c) Responsibilities and Jurisdiction of Design Review Board. The Design Review Board shall:
(1) Report recommendations to the City Council, the designation and/or elimination of new and/or existing design review districts and the development or reduction of standards within said districts
(2) Hear any appeal of a negative administrative design review decision regarding the architectural design and features of any new building or any existing building in the process of renovation as to the compatibility of the design or renovation with the architectural and/or historic character of the areas.
(3) The Design Review Board shall consider the officially adopted Maumee Master Plan and/or City Council uptown road diet and control decisions when deciding appeals.
(4) Make alternative suggestions to building owners and/or developers as to building design, building materials, signs and other structure and site elements to make projects more form compatible and harmonious with adjacent land and the area as a whole.
(5) Offer technical and professional assistance to building owners and/or developers in implementing recommendations.
(d) Decisions of Design Review Board. The Design Review Board shall hear appeals of a negative administrative design review decision. The Design Review Board shall grant the appeal, deny the appeal or grant it subject to special modification, but no appeal shall be granted or modified unless a majority of the entire Board votes to grant or modify the appeal.
(1) If the Design Review Board grants an appeal without modifications, it shall so notify the Zoning Administrator who shall thereupon issue a Zoning Permit.
(2) If an appeal is denied, the Design Review Board may make such recommendations in regard to changes of design, arrangement, texture, material and color of the exterior features and interior arrangement of the structure as it deems appropriate.
(3) If the applicant accepts the modifications of the Design Review Board, the application shall be revised in accordance with such modifications and filed with the Zoning Administrator, whereupon a Zoning Permit shall be issued.
(Ord. 106-2020. Passed 9-21-20.)
1105.04 ZONING ADMINISTRATOR.
(a) It shall be the duty of the Zoning Administrator to enforce this Zoning Code. It shall also be the duty of all officers and employees of the City and especially of all members of the Division of Police to assist the Zoning Administrator by reporting to him or her new construction, reconstruction or land uses, and apparent violations of this Zoning Code.
(b) The Zoning Administrator shall issue Zoning Permits, or Certificates of Zoning Compliance or Occupancy according to this Zoning Code. Such certificates or permits shall be in such form as may be prescribed by the City Administrator, consistent with the requirements of this Zoning Code.
(c) The Zoning Administrator shall not require any change in the plans, construction, size or designated use of a structure, or part thereof, which meets the requirements of Section 1130.02 (Preexisting Zoning Permits).
(d) Appeal from an action or decision of the Zoning Administrator may be made to the Board of Zoning Appeals as provided in Section 1105.02.
(Ord. 106-2020. Passed 9-21-20.)
1105.05 ZONING PERMITS REQUIRED.
Before proceeding with the use, erection, relocation or alteration of any structure or part of any structure in the City, or the issuance of any Building Permit, a Zoning Permit for such erection, relocation or alteration shall be first obtained from the Zoning Administrator, which Zoning Permit shall, in substance, certify that such proposed use, erection, relocation or alteration complies in all respects with this Zoning Code. No person or persons shall proceed with the erection, relocation, or alteration of any structure unless such Zoning Permit has first been obtained from the Zoning Administrator.
(a) Contents of Zoning Permit Application. At a minimum, the following information, maps and/or drawings shall be submitted in duplicate to indicate the following information as applicable:
(1) Name, address and telephone number of the applicant and record owner or owners of the property;
(2) If the applicant is not the owner, proof of contract or agency with the owner;
(3) Planned uses for the premises;
(4) Required yards;
(5) Setback areas;
(6) The elevations of all structures on the subject property; and
(7) Off-street parking and/or loading facilities.
(8) Additional requirements as may be requested by the Zoning Administrator or by other Chapters of this code.
(9) Any applicable fees as may be directed by ordinance of Council.
(b) Issuance of Zoning Permit: The Zoning Permit shall be issued if the proposed construction or proposed use of a structure or land, complies with all the provisions of this Zoning Code. If the use is lawfully nonconforming, the Zoning Permit shall so state. The Zoning Permit shall incorporate all the terms and conditions of approval. A record of all Zoning Permits shall be kept on file in the office of the Zoning Administrator, and shall be public records open and available to the general public. A copy of the Zoning Permit shall be posted in a prominent location visible from the exterior of the structure until the Zoning Certificate of Compliance has been issued or the Zoning Permit expires.
(c) Revocation of Permit. Should the Zoning Administrator determine that the work under such Zoning Permit, or the use of such premises is not proceeding according to the approved plans upon which the permit was issued, or is proceeding in violation of the provisions of this Zoning Code or any specific conditions contained in the Zoning Permit, it shall be the duty of the Zoning Administrator to notify the owner or owners in writing that the work is being constructed in violation of the Zoning Permit and this Zoning Code and, that the same must immediately be rectified to conform with such permit and this Zoning Code. If corrections are not made to comply with such notice, the Zoning Administrator shall revoke such permit and issue an order to immediately stop all work on such premises. Notice thereof shall be immediately served upon the owner or owners and posted on the premises referred to in such permit. Such notice shall be in writing, and signed by the Zoning Administrator.
(d) Expiration of Zoning Permit. The Zoning Permit shall expire within one hundred eighty (180) days after the date of issuance unless construction and improvements as specified in the Zoning Permit has commenced. The Zoning Permit shall expire within twelve (12) months of the date of issuance.
(Ord. 106-2020. Passed 9-21-20.)
1105.06 ZONING CERTIFICATE OF COMPLIANCE OR OCCUPANCY.
No vacant land shall be occupied or used, and no structure or addition thereto or parking area hereafter constructed, built, moved, remodeled, or reconstructed shall be occupied or used, and no use of any land or structure shall be changed to any other use, until a Zoning Certificate of Compliance or Occupancy has been issued by the Zoning Administrator certifying that the proposed use or occupancy is in conformity with all requirements of this Zoning Code and all fees have been paid in accordance with the schedule of fees established by Council. A Zoning Certificate of Compliance or Occupancy is required for a new or changed use of land or structures where no Zoning Permit is required and must be approved by the Zoning Administrator before any such land or structures shall be occupied or used.
(a) Issuance. No Zoning Certificate of Compliance or Occupancy shall be issued until the premises have been inspected and certified by the Chief Building Official and Zoning Administrator to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located, as well as any plans and specifications upon which a Zoning Permit for the property was issued. However, the Zoning Administrator may issue a Zoning Certificate of Compliance or Occupancy to an applicant who has not, or whose predecessor/s in interest have not obtained a Zoning Certificate of Compliance or Occupancy for a change in use of any land or structure as required by law at the time such change in use occurred, provided the Zoning Administrator determines that such applicant, or his predecessor/ss in interest, then required by law would have been entitled to the issuance of a Certificate of Compliance or Occupancy.
A Zoning Certificate of Compliance or Occupancy shall be issued, or written notice shall be provided to the applicant stating the reasons why a certificate cannot be issued, within a reasonable time frame after the receipt of an application and all required fees therefore, or after the Zoning Administrator is notified in writing that the structures or premises are ready for inspection for a Zoning Certificate of Compliance or Occupancy.
(b) Temporary Certificate of Compliance or Occupancy. Pending the issuance of a Zoning Certificate of Compliance or Occupancy, a temporary Certificate of Compliance or Occupancy may be issued to be valid for a period not to exceed six months from its date pending the completion of any addition or during partial occupancy of the premises. The fees for a Temporary Certificate of Compliance or Occupancy shall be set by Council and be in addition to any fees required for an application for a Zoning Certificate of Compliance or Occupancy.
(c) Contents of Certificate; Records. The Zoning Certificate of Compliance or Occupancy shall state that the structure, or use of a structure or land, complies with the Zoning Code and all other applicable laws and ordinances. If the use is lawfully nonconforming, the certificate shall so state. A record of all certificates shall be kept on file in the office of the Zoning Administrator.
(Ord. 106-2020. Passed 9-21-20.)
1105.07 FEES.
The Zoning Administrator is hereby authorized and directed to charge actual, cost allocated, hourly fees for any Zoning Permits, certificates, plan reviews and inspections required by this Zoning Code and for any filing or appeals filed with a board or commission charged with the application of the provisions of this zoning code.
(Ord. 106-2020. Passed 9-21-20.)
1105.08 PUBLIC HEARING REQUIREMENTS.
The purpose of a public hearing is to obtain comments and input from the general public and affected property owners with regard to proposed changes to the Zoning Code and/or District Map.
(a) Filing with Municipal Clerk. After the adoption of a motion by Council or Planning Commission, or after the filing of a complete petition or application with the Municipal Clerk, or after a recommendation from the City Administrator, the Municipal Clerk shall place such recommendation, motion, petition, or application on the agenda of the Planning Commission and shall schedule the matter for public hearing before the Planning Commission.
(b) Notice.
(1) Public Notice. Notice of the time and place of a public hearing shall be posted on the City Website and at the Maumee Municipal Building at least seven (7) calendar days prior to the date of the hearing. During the seven-day period, the text of the recommendation, motion, application, or petition, together with all maps, plans, and reports submitted with reference thereto, shall be on file for public examination in the office of the Municipal Clerk.
(2) Notice by Sign on Subject Property. In the case of a rezoning of property, a sign shall be placed on the subject property indicating the proposed rezoning action under consideration. Such a sign shall be of such size, format, and content as specified by the Zoning Administrator and shall be visible on the subject property beginning no later than seven (7) days prior to the scheduled hearing and shall remain on such property until such time as a recommendation is made by the Plan Commission to City Council. This provision shall not apply for the initial zoning of a parcel annexed into Maumee.
(3) Notice by First Class Mail. If the proposal to rezone, or redistrict, or for issuance of a special permit hereunder, includes ten (10) or fewer parcels of land as listed on the tax duplicate, written notice of the public hearing shall also be mailed by the Municipal Clerk by first class mail at least fifteen (15) calendar days before the date of the public hearing to the Applicant and to owners of real estate adjacent to and directly across the street from such parcel or parcels to the addresses of such applicants and owners appearing on the current tax list of the Auditor of Lucas County or the mailing list of the Treasurer of Lucas County. This provision shall not apply for the initial zoning of a parcel annexed into Maumee.
(4) The failure of delivery of any notice, failure to place a sign or the removal of any sign after initial placement on the premises or the failure to comply with the procedures set forth herein shall not invalidate any ordinance, measure or regulation once adopted by City Council.
(c) Public Hearing. After all evidence, testimony and information has been assembled and heard, the Chairman shall then accept a motion to close the public hearing and upon receiving a majority of affirmative votes, shall proceed to the deliberation of the amendment. The Chairman may also accept a motion to adjourn the hearing to a date specific if it is determined that additional information or testimony is necessary.
(d) Action by Planning Commission. The Planning Commission shall report its recommendation to Council within fifteen (15) calendar days after the close of the public hearing, unless the applicant agrees to an extension of time. City Council may consider the recommendations of the Planning Commission at any time following its recommendations.
(e) Council Action.
(1) Council is not required to hold a public hearing on the proposed zoning amendment. However, Council may, at its discretion, schedule a public hearing or hearings upon any such matter with such notice, advertisement, at such date, and upon such terms as Council may determine appropriate before acting on any such amendment.
(2) Any recommendation of the Planning Commission may be overruled by a majority vote of all members of the City Council not required to abstain.
(Ord. 005-2023. Passed 1-30-23.)
1105.09 ADJUDICATIVE HEARING REQUIREMENTS.
Adjudicative hearings are proceedings conducted by the Planning Commission and Board of Zoning Appeals. The purpose of an adjudicative hearing is the determination of the rights of the applicant, according to the standards contained in the Zoning Code, and of whether such application should be granted based upon evidence presented at the hearing.
(a) Notice of Adjudicative Hearing.
(1) The applicant shall be notified in writing of the time and place of a hearing on the application.
(2) Public Notice by Sign. A sign shall be placed on the subject property indicating the proposed action under consideration. Such a sign shall be of such size, format, and content as specified by the Zoning Administrator and shall be visible on the subject property beginning on a date immediately following the determination by the Zoning Administrator that the application is complete, and shall remain on such property until such time as a final decision is rendered.
(b) Adjudicative Hearing Process. Adjudicative hearings shall be open to the public, but are not public hearings for the general public to present their opinions.
(c) Action by the Review Body.
(1) Regardless of any continuances of the hearing, the Planning Commission or Board of Zoning Appeals shall make a decision on the matter before it within forty-five (45) calendar days from the date that the public hearing was closed, unless an extension of time is agreed to by the applicant.
(2) The Planning Commission or Board of Zoning Appeals shall issue its decision in the form of a written Final Order in which it expressly sets forth the findings and conclusions of fact used as the basis or rationale for the decision. (Ord. 106-2020. Passed 9-21-20.)
1107.01 INITIATION BY COUNCIL AND PLANNING COMMISSION.
Council, the Planning Commission, or City Administrator, may initiate an amendment, supplement or change to the Zoning Code, text or boundaries of zoning districts of this Zoning Code. Amendments, supplements or changes to the Zoning Code, text or boundaries of zoning districts of this zoning code initiated by Council, the Planning Commission, or City Administrator shall be subject to the public hearing requirements of Section 1105.08.
(Ord. 033-2023. Passed 9-18-23.)
1107.02 INITIATION FOR REZONING BY PETITION OR APPLICATION.
(a) Contents of Petition for Amendment. A petition or application to rezone property filed under this Section shall include all of the following:
(1) A completed form provided by the Department of Public Service or Urban Planning Manager.
(2) The name, address, and telephone number of the owner or owners of the property;
(3) If a person other than a record owner of the property, or those having an ownership interest, is the petitioner or applicant, a written authorization signed by the owner to act on his or her behalf, and the name, address, and telephone number of the applicant or petitioner;
(4) Current zoning district classification and current specific use of the property, as well as the proposed zoning district classification requested for the property;
(5) A legal description of the area included in the petition or application, and the tax parcel number or numbers for the same;
(6) A list of the names and addresses of the owners of all parcels adjacent to or directly across the street from the property, as obtained from the office of the Lucas County Auditor;
(7) A statement explaining the desirability of the proposal, and justification and explanation of why said rezoning would serve the public interest;
(8) A fee in an amount as directed by Ordinance of Council; and
(9) Three (3) copies of all documents supporting and justification data required by this ordinance.
(b) Determination Application is Complete. The Urban Planning Manager or City Administrator shall determine if an application for rezoning under this section, is a complete submittal. If all information and fees required to accompany the application are not provided, Urban Planning Manager or City Administrator shall notify the applicant that the application is not complete in a reasonable time. On the date the Urban Planning Manager or City Administrator has determined that the application is a complete submittal, the application shall be stamped by the Urban Planning Manager or his or her supervisor as complete and may be filed with the Department of Public Service by the applicant within sixty (60) calendar days.
(Ord. 033-2023. Passed 9-18-23.)
1107.03 PUBLIC HEARING AND ACTION.
Before any amendment to either the zoning code, zoning text or zoning map is acted upon, a public hearing shall be conducted in accordance with the requirements of Section 1105.08 (Public Hearing Requirements). Action on such application by the Planning Commission, Council, or City Administrator shall also be conducted in accordance with Section 1105.08(d) (Action by Planning Commission).
(Ord. 033-2023. Passed 9-18-23.)
1107.04 FEES AND COSTS.
The party or parties signing any petition for rezoning under Section 1107.02 shall be responsible for all actual costs incurred by the City in connection with the proposal. No action shall be taken by the Department of Public Service, Urban Planning Manager or City Administrator until the party proposing the same pays a fee to the Department of Public Service in such an amount as shall be directed by ordinance of Council, and additional deposits in the amount of the estimated costs to be incurred by the City in connection with the subject matter, including the costs of all notices, legal advertising, engineering fees, planning consultants' fee and legal fees required in connection with the proposal. Additionally, the following specific requirements with respect to fees and costs are applicable:
(a) If, during the course of proceedings on a petition or application, the Department of Public Service determines that the costs to be incurred by the City will exceed the amount of the deposit, the Department of Public Service, at it's discretion, may require an additional deposit in an amount reasonably calculated to cover the excess costs.
(b) For proceedings in which the estimated costs are expected to be minimal, the Department of Public Service, at it's discretion, may waive the payment of a deposit for estimated costs and permit the petitioner or applicant to reimburse the City for actual costs after the amount of the total costs has been incurred.
(c) Only that portion of any deposit representing the excess of the estimated costs over the actual costs to the City shall be refunded regardless of the disposition of such proposals.
(d) An interest charge of one (1) percent per month shall be imposed on the outstanding balances of all accounts which are not paid in full within thirty (30) calendar days after final Council action on the proposal.
(e) No ordinance, resolution, or permit approved under this section shall become effective until such time as all fees and costs due and owing to the City shall have been paid and current.
(f) No ordinance or resolution, approved under this section shall become effective unless all real property taxes and/or assessments levied against the real estate which is the subject of the request are paid and current. Petitioner must sign and file an affidavit with the Department of Public Service affirming that such taxes and/or assessments are paid and current.
(Ord. 033-2023. Passed 9-18-23.)