Maumee City Zoning Code
TITLE TWO
District Regulations
CHAPTER 1129 Interim Design Review Overlay District Regulations (Repealed)
1123.01 DISTRICTS ESTABLISHED.
In order to classify, regulate and restrict the locations of trades, industries and the location of structures designed for specified uses, to regulate and limit the height and bulk of structures hereafter erected or structurally altered, to regulate and limit the intensity of the use of the lot areas and to regulate and determine the areas of yards, and other open spaces within and surrounding such structures, the City is hereby divided into the following use districts:
(a) OS Open Space District
(b) R-1 Single-Family Residential District
(c) R-2 Single-Family Residential District
(d) R-2A Single-Family Residential District
(e) R-3 Two-Family Residential District
(f) R-4 Multiple-Family Residential District
(g) C-1 Neighborhood Commercial District
(h) C-2 General Commercial District
(i) C-3 Uptown Commercial District
(j) C-4 Office, Laboratory and Research District
(k) C-M Commercial-Industrial District
(l) M -1 Controlled Industrial District
(m) M -2 Industrial District
1123.02 OVERLAY DISTRICTS ESTABLISHED.
In addition to the zoning districts established in Section 1123.01, overlay zones are established. Overlay zones can be applied to one or more parcels of land in the City. There are three overlay districts, which shall be known as:
(a) Design Review Overlay District
(b) PUD Planned Unit Development Overlay District
(c) FT-O Fallen Timbers Overlay District
1123.03 DISTRICT MAP.
The boundaries of the City's Zoning districts are shown upon the map attached hereto and made a part of this Zoning Code, being designated as the "District Map" and such map and all the notations, references and other things shown thereon shall be as much a part of this Zoning Code as if the matters and things set forth by such map were all fully described herein.
1123.04 DETERMINATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the maps accompanying and made a part of this Zoning Code, the following rules shall apply:
(a) The district boundaries are either streets or alleys, unless otherwise shown, and where the designation on the maps accompanying and made a part of this Zoning Code indicating the various districts are approximately bounded by street or alley line, the centerline of such street or alley shall be construed to be the boundary of such district.
(b) Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designation on the maps accompanying and made a part of this Zoning Code indicating the various districts are approximately bounded by lot lines, such lot lines shall be construed to be the boundary of such district, unless such boundaries are otherwise indicated on the maps.
(c) In the unsubdivided property, the district boundary lines on the map accompanying and made a part of this Zoning Code shall be determined by use of the scale contained on such map.
1123.05 ZONING OF VACATED STREETS.
Whenever any street, alley or other public way is vacated, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
1123.06 ZONING OF AREAS UNDER WATER.
All areas within the corporate limits of the City which are under water and not shown as included within any district, shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.
1123.07 ZONING UPON ANNEXATION.
Township zoning regulations in effect for territory annexed to or consolidated with the City subsequent to the effective date of the enactment of this section shall, upon the effective date of such annexation or consolidation, remain in force and effect for a period of time not to exceed nine months and shall be administered by the Division of Building and Zoning of the City. The Municipal Planning Commission shall recommend to Council within a period of time not to exceed six months from such effective date of annexation or consolidation, a zoning districting plan of such property in accordance with the provisions of this Zoning Code.
1125.01 OS OPEN SPACE DISTRICT.
The OS Open Space District is designed to provide areas for public and quasi-public uses, areas for recreation and conservation purposes, and preserve rural areas of the community for continued agricultural production rather than more intense residential, commercial or industrial development.
(a) Permitted Uses. The following uses shall be permitted:
(1) Agricultural Activity.
(2) Dwelling on premises owned by public entity and utilized as a residence by employees of the public entity as a requirement of their duties.
(3) Publicly owned and operated parks, playgrounds and community centers; provided that no commercial enterprise or amusement park is conducted on the premises, except permitted temporary uses.
(4) Roadside stands offering for sale only agricultural products grown on the premises.
(5) Sewage pumping stations.
(6) Water pumping stations.
(7) Wildlife conservation areas.
(8) Accessory structures and uses.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Place of religious worship.
(2) Electric and telephone substations, meter station structures and transmission towers.
(3) Public or private clubs, including golf courses and country clubs, swimming pools, racquet courts, yacht clubs and accessory uses, except driving ranges, miniature golf courses, pitch and putt courses operated for commercial purposes. No on site storage or maintenance of boats will be permitted.
(4) Kennels and animal hospitals.
(5) Parking Areas: Extension of parking into contiguous zoning district parking areas.
(6) Parking Areas: Joint use of an off-street parking area.
(7) Public utility control facilities or structures.
(8) Recreational Outdoor Uses: Miniature golf, batting cages, go-cart racing, and similar facilities.
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the OS District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the OS District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the OS District.
1125.02 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT.
The R-1 Single-Family Residential District is designed to accommodate single-family dwellings on lots with areas of 12,000 square feet or greater. Certain public/semi-public uses intended to serve single-family residential development are permitted. The R-1 District will be mapped to protect existing low-density single-family neighborhoods that satisfy the following minimum requirements and for areas that will develop in the future.
(a) Permitted Uses. Within the R-1 Residential District, a structure or premises shall be erected or used only for the following purposes:
(1) Agriculture, horticulture, viticulture and growing of garden crops; but no livestock or poultry shall be housed or maintained.
(2) Child day care home, Type B.
(3) Group adult care facility for three (3) to five (5) unrelated adults pursuant to ORC Chapter 3722.
(4) Group Foster Home pursuant to ORC Chapter 5103.
(5) Group MR/DD residential facility for one (1) to eight (8) persons pursuant to ORC Chapter 5123.
(7) Publicly owned and operated parks, playgrounds and community centers; provided that no commercial enterprise or amusement park is conducted on the premises, except permitted temporary uses.
(8) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government. However, no outdoor storage of equipment or materials is permitted.
(9) Public libraries.
(10) Water, storm and sewage pumping stations.
(11) Schools; primary, intermediate and secondary; both public and private.
(12) Single-family dwellings.
(13) Accessory structures and uses.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Adult day care centers.
(2) Adult group homes.
(3) Bed and breakfast facilities.
(4) Cemetery or mausoleum.
(5) Child day care home, Type A.
(6) Place of religious worship.
(7) Electric and telephone towers.
(8) Gas regulator and meter stations.
(9) Nursing homes.
(10) Parking areas: Extension of parking into contiguous zoning district parking areas.
(11) Parking areas: Joint use of an off-street parking area.
(12) Public utility control facilities or structures.
(13) Public or private clubs, including golf courses and country clubs, swimming pools, racquet courts, yacht clubs and accessory uses, except driving ranges, miniature golf courses, pitch and putt courses operated for commercial purposes. No on site storage or maintenance of boats will be permitted.
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the R-1 Residence District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the R-1 Residential District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the R-1 Residential District.
(f) Signs Permitted. Signs shall be permitted in the R-1 Residential District in accordance with Chapter 1143.
(Ord. 088-2019. Passed 5-6-19.)
1125.03 R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT.
The R-2 Single-Family Residential District is designed to accommodate single-family dwellings on lots with areas of 5,500 square feet or greater. The R-2 District will be mapped to satisfy the following minimum rquirements. Certain public/semi-public uses intended to serve single-family residential development are permitted.
(a) Permitted Uses. Within the R-2 Residential District, a structure or premises shall be erected or used only for the following purposes:
(1) Child day care home, Type B.
(2) Dwelling: Single-family dwellings.
(3) Group adult care facility for three (3) to five (5) unrelated adults pursuant to ORC Chapter 3722.
(4) Group Foster Home pursuant to ORC Chapter 5103.
(5) Group MR/DD residential facility for one (1) to eight (8) persons pursuant to ORC Chapter 5123.
(7) Publicly owned and operated parks, playgrounds and community centers; provided that no commercial enterprise or amusement park is conducted on the premises, except permitted temporary uses.
(8) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government. However, no outdoor storage of equipment or materials is permitted.
(9) Public libraries.
(10) Water, storm and sewage pumping stations.
(11) Schools; primary, intermediate and secondary; both public and private.
(12) Accessory structures and uses.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Adult day care centers.
(2) Adult group homes.
(3) Bed and breakfast facilities.
(4) Cemetery or mausoleum.
(5) Child day care home, Type A.
(6) Place of religious worship.
(7) Dwelling: Zero lot line dwellings (one zero lot line when two units adjoin and share a common wall).
(8) Electric and telephone towers.
(9) Gas regulator and meter stations.
(10) Hospitals, clinics, convalescent homes, and similar institutions.
(11) Nursing homes.
(12) Parking areas: Extension of parking into contiguous zoning district parking areas.
(13) Parking areas: Joint use of an off-street parking area.
(14) Public utility control facilities or structures.
(15) Public or private clubs, including golf courses and country clubs, swimming pools, racquet courts, yacht clubs and accessory uses, except driving ranges, miniature golf courses, pitch and putt courses operated for commercial purposes. No on site storage or maintenance of boats will be permitted.
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the R-2 Residential District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the R-2 Residential District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the R-2 Residential District.
(f) Signs Permitted. Signs shall be permitted in the R-2 Residential District in accordance with Chapter 1143.
(Ord. 088-2019. Passed 5-6-19; Ord. 023-2024. Passed 6-25-24.)
1125.04 R-2A SINGLE- AND TWO-FAMILY RESIDENTIAL DISTRICT.
The R-2A Single- and Two-Family Residential District is intended to apply only to existing platted lots in older areas of Maumee that typically have alleys and longer narrow lots. The R-2A zoning district is designed to accommodate single-family dwellings on lots with areas of 5,400 square feet or greater, and two-family dwellings as a conditional use on lots of 3,000 square feet per unit. Certain public/semi-public uses intended to serve single-family residential development are permitted.
(a) Permitted Uses. Within the R-2A Residential District, a structure or premises shall be erected or used only for the following purposes:
(1) Child day care home, Type B.
(2) Dwellings: Single-family dwellings.
(3) Group adult care facility for three (3) to five (5) unrelated adults pursuant to ORC Chapter 3722.
(4) Group Foster Home pursuant to ORC Chapter 5103.
(5) Group MR/DD residential facility for one (1) to eight (8) persons pursuant to ORC Chapter 5123.
(7) Publicly owned and operated parks, playgrounds and community centers; provided that no commercial enterprise or amusement park is conducted on the premises, except permitted temporary uses.
(8) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government. However, no outdoor storage of equipment or materials is permitted.
(9) Public libraries.
(10) Water, storm and sewage pumping stations.
(11) Schools ; primary, intermediate and secondary; both public and private.
(12) Accessory structures and uses.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Adult day care centers.
(2) Adult group homes.
(3) Bed and breakfast facilities.
(4) Cemetery or mausoleum.
(5) Child day care home, Type A.
(6) Place of religious worship.
(7) Dwelling: Zero lot line dwellings (one zero lot line when two units adjoin and share a common wall).
(8) Dwelling: Two-Family
(9) Electric and telephone towers.
(10) Gas regulator and meter stations.
(11) Hospitals, clinics, convalescent homes, and similar institutions,
(12) Nursing homes.
(13) Parking areas: Extension of parking into contiguous zoning district parking areas.
(14) Parking areas: Joint use of an off-street parking area.
(15) Public utility control facilities or structures.
(16) Public or private clubs, including golf courses and country clubs, swimming pools, racquet courts, yacht clubs and accessory uses, except driving ranges, miniature golf courses, pitch and putt courses operated for commercial purposes. No on site storage or maintenance of boats will be permitted.
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the R-2A Residential District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the R-2A Residential District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the R-2A Residential District.
(f) Signs Permitted. Signs shall be permitted in the R-2A Residential District in accordance with Chapter 1143. (Ord. 088-2019. Passed 5-6-19.)
1125.05 R-3 TWO-FAMILY RESIDENTIAL DISTRICT.
The R-3 Two-Family Residential District is designed to accommodate two-family dwellings on lots with minimum areas of 3,000 square feet per dwelling unit. Single-family dwellings on comparable lots and certain public/semi-public uses intended to serve the residential development are permitted. The R-3 District is intended to reflect existing mixtures of single and two-family dwellings, and single-family dwellings large enough to be converted for two-family occupancy without adverse impact upon the neighborhood.
(a) Permitted Uses. Within the R-3 Residential District, a structure or premises shall be erected or used only for the following purposes:
(1) Child day care home, Type B.
(2) Dwelling: Single-family dwellings.
(3) Dwelling: Two-family dwellings.
(4) Group adult care facility for three (3) to five (5) unrelated adults pursuant to ORC Chapter 3722.
(5) Group Foster Home pursuant to ORC Chapter 5103.
(6) Group MR/DD residential facility for one (1) to eight (8) persons pursuant to ORC Chapter 5123.
(8) Publicly owned and operated parks, playgrounds and community centers; provided that no commercial enterprise or amusement park is conducted on the premises, except permitted temporary uses.
(9) Public libraries.
(10) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government. However, no outdoor storage of equipment or materials is permitted.
(11) Water, storm and sewage pumping stations.
(12) Schools; primary, intermediate and secondary; both public and private.
(13) Accessory structures and uses.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Adult day care centers.
(2) Adult group homes.
(3) Bed and breakfast facilities.
(4) Cemetery or mausoleum.
(5) Child day care home, Type A.
(6) Place of religious worship.
(7) Dwelling: Zero lot line dwellings (one zero lot line when two units adjoin and share a common wall).
(8) Electric and telephone towers.
(9) Gas regulator and meter stations.
(10) Group adult care facility for six (6) to sixteen (16) unrelated adults pursuant to ORC Chapter 3722.
(11) MR/DD Residential Facility providing accommodations for nine (9) to sixteen (16) unrelated adults pursuant to ORC Chapter 5123.
(12) Hospitals, clinics, convalescent homes, and similar institutions.
(13) Nursing homes.
(14) Parking areas: Extension of parking into contiguous zoning district parking areas.
(15) Parking areas: Joint use of an off-street parking area.
(16) Public utility control facilities or structures.
(17) Public or private clubs, including golf courses and country clubs, swimming pools, racquet courts, yacht clubs and accessory uses, except driving ranges, miniature golf courses, pitch and putt courses operated for commercial purposes. No on site storage or maintenance of boats will be permitted.
(c) Conversions. An existing single-family dwelling may be converted to contain dwelling units for not more than two (2) families, provided the following requirements are satisfied:
(1) Prior to conversion, the subject dwelling contains a gross floor area of 1,600 square feet, exclusive of basement.
(2) A minimum of 800 square feet of gross floor area is provided for each dwelling unit after conversion.
(3) Prior to conversion, the subject premise is in conformance with all lot, yard and bulk regulations required by the R-3 District for single-family dwellings.
(4) After conversion, the subject premise conforms to all lot, yard and bulk regulations required by the R-3 District for two-family dwellings.
(5) After conversion, the subject premises shall retain the appearance of a single-family residence with no major structural alterations to the exterior of the building, other than to provide the required means of ingress and egress for the units.
(d) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the R-3 Residence District.
(e) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the R-3 Residence District.
(f) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the R-3 Residential District.
(g) Signs Permitted. Signs shall be permitted in the R-3 Residential District in accordance with Chapter 1143.
(Ord. 088-2019. Passed 5-6-19.)
1125.06 R-4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
The R-4 Multiple Family Residential District is designed to accommodate higher density housing in appropriate locations to expand housing alternatives in the City.
(a) Permitted Uses. Within the R-4 District, a structure or premises shall be erected or used only for the following purposes:
(1) Adult day care centers.
(2) Assisted living facilities.
(3) Child day care home, Type B.
(4) Dwelling: Multiple-family dwellings (including condominiums, garden apartments, and townhouses).
(5) Dwelling: Two-family dwellings.
(6) Dwelling: Zero lot-line single-family dwellings (one or two zero lot lines when two units adjoin and share a common wall).
(7) Group adult care facility for three (3) to five (5) unrelated adults pursuant to ORC Chapter 3722.
(8) Group foster home pursuant to ORC Chapter 5103.
(9) Group MR/DD residential facility for one (1) to eight (8) persons pursuant to ORC Chapter 5123.
(11) Nursing homes.
(12) Publicly owned and operated parks, playgrounds and community centers; provided that no commercial enterprise or amusement park is conducted on the premises, except permitted temporary uses.
(13) Public libraries.
(14) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government. However, no outdoor storage of equipment or materials is permitted.
(15) Water, storm and sewage pumping stations.
(16) Schools; primary, intermediate and secondary; both public and private.
(17) Accessory structures and uses.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Adult group homes.
(2) Place of religious worship.
(3) Conventional residential subdivisions.
(4) Electric and telephone substations, and meter station structures.
(5) Electric transmission towers.
(6) Gas regulator and meter stations.
(7) Group adult care facility for six (6) to sixteen (16) unrelated adults pursuant to ORC Chapter 3722.
(8) Professional Service office (maximum of 5000 square feet.)
(9) Parking Areas: Extension of parking into contiguous zoning district parking areas.
(10) Parking Areas: Joint use of an off-street parking area.
(11) Public utility control facilities or structures.
(12) Recreational outdoor facilities: Miniature golf, batting cages, go-cart racing, and similar facilities.
(13) Child Day Care Homes, Type A.
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements, as set forth in Section 1125.14, shall apply to all structures hereafter erected, moved, reconstructed, or structurally altered within the R-4 Residential District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations, as set forth in Section 1125.14, shall apply to all structures hereafter erected, moved, reconstructed or structurally altered within the R-4 Residential District.
(e) Off-Street Parking, Loading, and Storage Regulations. Off-street parking, loading, and storage regulations, as set forth in Chapter 1141, shall apply to all uses established within the R-4 Residential District.
(f) Signs Permitted. Signs shall be permitted in the R-4 Residential District in accordance with Chapter 1143.
(Ord. 088-2019. Passed 5-6-19.)
1125.07 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT.
The C-1 Neighborhood Commercial District is designed to accommodate small retail and service businesses required for the day-to-day needs of persons residing in adjacent and nearby residential districts.
(a) Permitted Uses. Within the C-1 Neighborhood Commercial District, a structure or premises shall be erected or used only for the following purposes:
(1) Adult day care centers.
(2) Bed and breakfasts.
(3) Child day care centers.
(4) Club and lodge facilities for private use.
(5) Financial Institutions such as banks, savings and loans and credit unions.
(6) Massage studios.
(7) Professional Service office.
(8) Messenger and telegraph service stations.
(9) Newspaper substations.
(10) Offices for trades or businesses.
(11) Publicly owned and operated parks, playgrounds and community centers; provided that no commercial enterprise or amusement park is conducted on the premises, except permitted temporary uses.
(12) Public libraries.
(13) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government. However, no outdoor storage of equipment or materials is permitted.
(14) Restaurants and coffee shops with sit-down service without drive-in or drive-through facilities, with or without delivery services. Approval by the Zoning Manager and/or City Administrator of the number and type of delivery vehicles or delivery devices shall be required.
(15) Small scale: retail centers, sales establishments, and service establishments.
(16) Schools ; primary, intermediate and secondary; both public and private.
(17) Water, storm and sewage pumping stations.
(18) Veterinary clinics, but no outdoor pens or runways and no boarding of animals.
(19) Accessory structures and uses.
(20) Restaurants, with or without drive-in and/or drive-thru service, with or without delivery vehicles. Approval by the Zoning Manager and/or City Administrator of the number and type of delivery vehicles or delivery devices shall be required.
Approval by the Zoning Manager and/or City Administrator of the size, hours of operation, number of lanes and location of any drive-in or drive-thru windows and service lanes shall be required, taking into consideration: the impact upon adjacent properties from the effects of noise, light and traffic; the promotion of safe and efficient vehicular and pedestrian circulation; and protection and safety of patrons, employees, pedestrians and the travelling public.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Bars and taverns.
(2) Bus shelters.
(3) Place of religious worship.
(4) Electric and telephone towers.
(5) Gas regulator and meter stations.
(6) Meeting halls.
(7) Parking Areas: Extension of parking into contiguous zoning district parking areas.
(8) Parking Areas: Joint use of an off-street parking area.
(9) Public utility control facilities or structures.
(10) Medium scale: retail centers, sales establishments, and service establishments.
(11) Vending machines in an outdoor location.
(12) Automobile Service Stations - fuel and convenience.
(13) Dwellings above first floor
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Chapter 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-1 Neighborhood Commercial District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-1 Neighborhood Commercial District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the C-1 Neighborhood Commercial District.
(f) Signs Permitted. Signs shall be permitted in the C-1 Neighborhood Commercial District in accordance with Chapter 1143.
(g) Performance Standards. All property in this district is subject to the general standards and regulations of this chapter and to the following additional standards:
(1) Unless otherwise expressly permitted, no outdoor displays, sales or storage of goods or products shall be permitted in the C-1 zone.
(2) Fresh produce and living plant material may be displayed on the premises of any retail establishment provided the same does not block pedestrian access or access for public safety vehicles and/or equipment.
(Ord. 011-2023. Passed 5-15-23.)
1125.08 C-2 GENERAL COMMERCIAL DISTRICT.
The C-2 General Commercial District is designed to accommodate a variety of business uses including highway oriented uses and other uses that serve the total community. This district is mapped along major traffic routes and in sections of the City near the C-3 Uptown Commercial District.
(a) Permitted Uses. Within the C-2 General Commercial District, a structure or premises shall be erected or used only for the following purposes:
(1) Any use permitted in the C-1 Neighborhood Commercial District.
(2) Arcade.
(3) Automobile repair garages.
(4) Automotive Sales and Service (light).
(5) Bars and taverns.
(6) Funeral homes.
(8) Licensed Medical Marijuana Dispensaries. Except in C-M.
(9) Massage studios.
(10) Meeting halls.
(12) Night Clubs.
(13) Office and showroom of building and home repair contractors.
(14) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government.
(15) Recreational indoor commercial facilities.
(16) Public or private clubs, including golf courses and country clubs, swimming pools, racquet courts, yacht clubs and accessory uses. Also driving ranges, miniature golf courses, pitch and putt courses operated for commercial purposes. No on site storage or maintenance of boats will be permitted.
(17) Recreational outdoor commercial facilities
(18) Restaurants, with or without drive-in and/or drive-thru service.
(19) Retail centers, sales establishments, and service establishments.
(20) Sales and service of motor vehicles (light).
(21) Hospital.
(22) Car Wash.
(23) Schools: primary, intermediate and secondary; both public and private including Educational institutions.
(24) Theaters, Cinemas, and Similar Places of Amusement.
(25) Wholesale sales and display of merchandise, provided merchandise is stored elsewhere.
(26) Accessory structures and uses.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Automobile service stations - fuel and service, with or without car washes.
(2) Automobile service stations - fuel, service and convenience with or without car washes.
(3) Bus shelters.
(4) Electric and telephone towers.
(5) Gas regulator and meter stations.
(6) Kiosk in a large-scale retail center only, or used or operated by an occupant of the principal structure, or on a lot as an extension of the permitted principal use.
(8) Nightclub.
(9) Parking Areas: Extension of parking into contiguous zoning district parking areas.
(10) Parking Areas: Joint use of an off-street parking area.
(11) Public utility control facilities or structures.
(12) Sales and storage yards for building materials.
(14) Storage of goods or materials in an outdoor area, not otherwise permitted.
(15) Towers and transmitting equipment for radio and television substations.
(16) Vending machines in an outdoor location.
(17) Sweepstake terminal café.
(18) Place of Religious Worship
(19) Dwellings above the first floor
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-2 General Commercial District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-2 General Commercial District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the C-2 General Commercial District.
(f) Signs Permitted. Signs shall be permitted in the C-2 General Commercial District in accordance with Chapter 1143.
(g) Performance Standards. All property in this district is subject to the general standards and regulations of this chapter and to the following additional standards:
(1) Except as specifically provided in this section, no outdoor storage and/or sale of goods or display of merchandise is permitted, except for fresh produce or living plant material or sales of daily newspapers.
(2) The outdoor storage of vehicles offered for sale on the premises is permitted in light automotive sales and service establishments. The outdoor storage of dismantled or junked vehicles is not permitted at such establishments. Outdoor storage of parts, materials or damaged stock is permitted, but shall be opaquely screened by solid fencing and landscaping. No outdoor storage of any type is permitted within a required yard.
(3) Automobile service stations and automobile repair garages shall not provide for any outdoor storage of parts, materials, or damaged vehicles unless screened by fencing and landscaping. Such storage shall not be conducted within a required yard. No dismantled or junked vehicles shall be stored on the premises.
(4) All activities of offices and showrooms of building and home repair contractors shall be conducted within an enclosed building and no outdoor storage of supplies and equipment shall be permitted. No more than fifty percent of the gross floor area may be used for processing and fabricating.
(5) Any manufacturing, assembling, packaging or distribution of products used, constructed, established, altered or enlarged in the C-2 District after the effective date of this chapter shall be operated so as to comply with the following standards. No use already established on the effective date of this chapter shall be altered or modified so as to conflict with, or further conflict with, the applicable standards established hereinafter for the C-2 District:
A. All operations, servicing and processing shall be conducted within completely enclosed structures, except for off-street parking of passenger motor vehicles.
B. All storage or equipment display shall be within completely enclosed structures or opaquely screened by a solid wall or solid fence and landscaping, with solid entrance and exit gates, not less than six (6) feet in height.
C. No emission of toxic or noxious matter, which is injurious to human health, comfort or enjoyment of life and property or to animals or plant life, shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the industry involved shall be taken.
D. The emission, from all sources within any zoning lot, of smoke or other air pollutants is subject to the standards and regulations of the City air pollution ordinances. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means.
E. The emission of odors or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines is prohibited.
F. Vibrations, which can be detected without the use of instruments at or beyond the lot lines, are prohibited.
(6) Medical Marijuana Dispensaries shall comply with 3796 of the Ohio Revised Code and Part Seven of the Maumee Codified Ordinances.
(h) Hotels and Extended Stay Hotels/Motels.
(1) Hotels and Extended Stay Hotels/Motels shall be required to enter into a Development Agreement prior to the issuance of a Zoning Permit or Site Plan approval. The following requirements must be contained in the Development Agreement:
A. Minimum of five (5) stories.
B. Must have a flat roof with a minimum parapet height of four (4) feet or one (1) foot higher than the tallest roof top equipment, whichever is higher.
C. Minimum staffing 24/7 of two (2) persons, with one person always at the front desk.
D. Maximum height for light poles of eighteen (18) feet above grade with all lighting fixtures facing downward.
E. Interior connectivity to closest public sidewalk or trail.
F. Covered entrance for vehicle loading and unloading.
G. No on-site parking of semi-trailers.
H. No exterior vinyl materials or vinyl windows.
I. No Hotel or Extended stay Hotel/Motel shall be converted to another use.
J. Other than in rooms licensed and permitted for Extended Stay by the State of Ohio and the City of Maumee, no person shall remain as a guest on the property in excess of 30 consecutive days, and no person shall be permitted to change rooms or re-register as a guest without having vacated the property for a minimum of five (5) days, or one-hundred and twenty (120) hours.
K. A maximum occupancy of four (4) adults per guest room.
L. No maintenance of vehicles in the parking area. No vehicles shall remain on-site with flat tires, expired or no registration, in any state which renders them illegal to operate on a public road, or inoperable.
(2) In addition to the above requirements, the City Administrator may require additional supplemental requirements as part of the Development Agreement including, but not limited to, the following:
A. Minimum of six (6) stories for Extended Stay Hotels/Motels.
B. Maximum number of rooms licensed and permitted for Extended Stay by the State of Ohio and the City of Maumee shall be no more than 20% of total number of rooms for any new or remodeled Extended Stay Hotel/Motel.
C. Minimum overall height.
D. Balconies supported by the building structure on a minimum of twenty-five (25) percent of the total rooms.
E. Exterior patio/seating area secluded by screening and landscaping.
F. Laundry equipment in all rooms.
G. Interior countertops and vanities must be hard-surfaced material and non-stainable due to liquids or heat (i.e., granite).
(Ord. 012-2022. Passed 3-7-22; Ord. 029-2022. Passed 5-16-22.)
1125.09 C-3 UPTOWN COMMERCIAL DISTRICT.
The C-3 Uptown Commercial District is designed to accommodate a variety of retail stores, office structures, service establishments and related activities to satisfy the convenience and service needs of the City residents and consumers beyond the corporate limits. The C-3 Uptown Commercial District contains structures of architectural and historical interest, which are of irreplaceable value to the City. As the name infers, the C-3 Uptown Commercial District is unique and represents the original core of the commercial district of the City. This district is intended to preserve and protect the unique character of the area by establishing certain standards and review procedures that will ensure harmonious development.
(a) Permitted Uses. Within the C-3 Uptown Commercial District, a structure or premises shall be erected or used only for the following purposes:
(1) Bars and taverns.
(2) Bed and breakfasts.
(3) Clubs and lodges for private use.
(4) Dwellings above the first floor.
(5) Financial Institutions such as banks, savings and loans and credit unions, with or without drive in or drive-through facilities.
(6) Manufacturing and processing incidental to a retail business conducted on the premises, provided such activities do not occupy greater than fifty (50) percent of the total floor area and conform to the performance standards outlined in paragraph (g) hereof.
(7) Massage studios.
(8) Messenger and telegraph service stations.
(9) Museums and community centers.
(10) Offices for governmental purposes, including police and fire stations.
(11) Offices for professional services, trades or businesses, provided the offices are not located on the first floor unless varied by a development agreement.
(12) Publicly owned and operated parks, playgrounds and community centers; provided that no commercial enterprise or amusement park is conducted on the premises, except permitted temporary uses.
(13) Printing, binding, typesetting and publishing houses.
(14) Public libraries.
(15) Public or private parking lots and ramps.
(16) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government. However, no outdoor storage of equipment or materials is permitted.
(17) Indoor commercial recreational facilities.
(18) Restaurants and coffee shops with sit-down service without drive-in or drive-through facilities, with or without delivery services. Approval by the Zoning Manager and/or City Administrator of the number and type of delivery vehicles or delivery devices shall be required.
(19) Small scale: retail centers, sales establishments, and service establishments.
(20) Retail stores and outlets similar in character to uses listed herein.
(21) Water, storm and sewage pumping stations.
(22) Schools; primary, intermediate and secondary; both public and private.
(23) Veterinary clinics, but no outdoor pens or runways and no boarding of animals.
(24) Accessory structures and uses.
(25) Restaurants, with or without drive-in and/or drive-thru service, with or without delivery services. Approval by the Zoning Manager and/or City Administrator of the number and type of delivery vehicles or delivery devices shall be required. Approval by the Zoning Manager and/or City Administrator of the size, hours of operation, number of lanes and location of any drive-in or drive-thru windows and service lanes shall be required, taking into consideration: the impact upon adjacent properties from the effects of noise, light and traffic; the promotion of safe and efficient vehicular and pedestrian circulation; and protection and safety of patrons, employees, pedestrians and the travelling public.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Bus shelters.
(2) Place of religious worship.
(3) Dwelling: Single-family dwellings.
(4) Dwelling: Two-family dwellings.
(5) Dwelling: Multiple family dwellings.
(6) Electric and telephone substation towers.
(7) Gas regulator and meter stations.
(8) Nightclub.
(9) Parking Areas: Extension of parking into contiguous zoning district parking areas.
(10) Parking Areas: Joint use of an off-street parking area.
(11) Public utility control facilities or structures.
(12) Educational institutions.
(13) Theaters, cinemas, and similar places of amusement.
(14) Towers and transmitting equipment for radio and television substations.
(15) Vending machines in an outdoor location.
(16) Automobile Service Stations - fuel and convenience.
(17) Hotels that meet the standards set forth in Chapter 1137 Hotel, Motel and Extended Stay Hotel Operation and Standards and the following:
Hotels and Extended Stay Hotels/Motels shall be required to enter into a Development Agreement prior to the issuance of a Zoning Permit or Site Plan approval. The following requirements must be contained in the Development Agreement:
A. Minimum of three (3) stories.
B. Must have a flat roof with a minimum parapet height of four (4) feet or one (1) foot higher than the tallest roof top equipment, whichever is higher. When rooftop equipment is replaced, the parapet height will need to be extended to one foot higher than the rooftop equipment being replaced, or additional screening to block the view of the replaced equipment may be added with approval of the City.
C. Minimum staffing 24/7 of two (2) persons, with one person always at the front desk.
D. Maximum height for light poles of eighteen (18) feet above grade with all lighting fixtures facing downward.
E. Interior connectivity to closest public sidewalk or trail.
F. Covered entrance for vehicle loading and unloading.
G. No on-site parking of semi-trailers.
H. No exterior vinyl materials or vinyl windows.
I. No Hotel or Extended stay Hotel/Motel shall be converted to another use.
J. Other than in rooms licensed and permitted for Extended Stay by the State of Ohio and the City of Maumee, no person shall remain as a guest on the property in excess of thirty (30) consecutive days, and no person shall be permitted to change rooms or re-register as a guest without having vacated the property for a minimum of five (5) days, or one-hundred and twenty (120) hours.
K. A maximum occupancy of four (4) adults per guest room.
L. No maintenance of vehicles in the parking area. No vehicles shall remain on-site with flat tires, expired or no registration, in any state which renders them illegal to operate on a public road, or inoperable.
In addition to the above requirements, the City Administrator may require additional supplemental requirements as part of the Development Agreement including, but not limited to, the following:
A. Minimum of four (4) stories for Extended Stay Hotels/Motels.
B. Minimum overall height.
C. Balconies supported by the building structure on a minimum of twenty-five (25) percent of the total rooms.
D. Exterior patio/seating area secluded by screening and landscaping.
E. Laundry equipment in all rooms.
F. Interior countertops and vanities must be hard-surfaced material and non-stainable due to liquids or heat (i.e., granite).
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-3 Uptown Commercial District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-3 Uptown Commercial District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the C-3 Uptown Commercial District.
(f) Signs Permitted. Signs shall be permitted in the C-3 Uptown Commercial District in accordance with Chapter 1143.
(g) Performance Standards. Performance standards established in Section 1125.07 shall apply to uses established within this district.
(Ord. 011-2023. Passed 5-15-23; Ord. 035-2023. Passed 10-4-23.)
1125.10 C-4 OFFICE, LABORATORY, AND RESEARCH DISTRICT.
The Office, laboratory, and Research District is intended to provide for a compatible mix of office and training facilities in a campus style development.
(a) Permitted Uses. Within the C-4 Office, Laboratory, and Research District, a structure or premises may be erected or used only for the following purposes:
(1) Adult day care centers.
(2) Banks, savings and loans, and financial institutions.
(3) Businesses and facilities engaged in research activities.
(4) Business support services establishment.
(5) Child day care centers.
(6) Corporate retreat center or training facility.
(7) Data processing centers.
(8) Facilities for training personnel engaged in electronic equipment servicing, electronic equipment servicing and furnishing telephone company supplies.
(9) Manufacturing or assembling or repairing of electrical and electronic products, components, and equipment.
(10) Meeting hall.
(11) Motels for extended stay.
(12) Offices for administrative and executive use for personnel engaged in general administrative, supervisory, purchasing, accounting and other functions related to office operations.
(13) Offices for professional services, trades, or businesses.
(14) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government. However, no outdoor storage of equipment or materials is permitted.
(15) Research, engineering, testing and laboratories.
(16) School: primary, intermediate and secondary; both public and private including Educational Institution.
(17) Hospitals and clinics.
(18) Independent Living Facility
(19) Assisted Living Facility
(20) Accessory structures and uses.
(22) Retail Fuel Sales - fuel and convenience with or without food service or fast food sales, with or without car washes. May include charging stations.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Bus shelters.
(2) Electric and telephone towers.
(3) Gas regulator and meter stations.
(4) Parking Areas: Extension of parking into contiguous zoning district parking areas.
(5) Parking Areas: Joint use of an off-street parking area.
(6) Public utility control facilities or structures.
(7) Indoor commercial recreational facilities.
(8) Towers and transmitting equipment for radio and television substations.
(9) Vending machines in an outdoor location.
(c) Lot Size and Yard Area Requirements. Minimum floor area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-4 Office, Laboratory, and Research District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-4 Office, Laboratory, and Research District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the C-4 Office, Laboratory, and Research District.
(f) Signs Permitted. Signs shall be permitted in the C-4 Office, Laboratory, and Research District in accordance with Chapter 1143.
(g) Multiple-family Dwellings. A multiple-family dwelling constructed in a C-4 zoning district must meet the same requirements as a multiple-family dwelling unit constructed in an R-4 zoning district including all requirements for multiple-family dwellings contained is Chapters 1135, 1136, 1141, and 1145. Building and site design, materials and landscaping must be compatible with surrounding structures and area and shall be approved at the discretion of the Zoning Administrator (or designee). Building must be a minimum of four (4) stories. First floor finished ceiling height must be a minimum of twelve (12) feet and minimum nine (9) foot finished ceiling height in each story above the first. The preference is for commercial use of the first floor and residential use above the first floor. Dwellings may be on the first floor but first floor construction must allow for easy conversion to accommodate the occupancy of other C-4 permitted uses. Any first floor occupancy other than residential must be compatible with the residential use of the building and shall be approved at the discretion of the Zoning Administrator (or designee). (Ord. 006-2023. Passed 1-30-23.)
1125.11 C-M COMMERCIAL-INDUSTRIAL DISTRICT.
The C-M Commercial-Industrial District is intended to provide for a compatible mix of commercial, multi-family residential, and industrial uses in a commercial-industrial park-like site or area. Such District shall contain not less than thirty (30) acres. Non-contiguous parcels and lots may be included in an original established site, provided that the acreage of such non-contiguous parcels and lots shall not be used in calculating the minimum requirement of thirty (30) acres for a C-M District and provided further that all other requirements of this Zoning Code are met. Contiguous parcels and lots may be added to an established district.
(a) Permitted Uses: Within the C-M Commercial-Industrial District, a structure or premises may be erected or used only for the following purposes:
(1) Any use permitted within the C-2 and C-4 Commercial Districts. (Excluding Medical Marijuana Facilities)
(2) Any use permitted within the M-1 Controlled Industrial District. (Excluding Medical Marijuana Facilities)
(3) Multiple-family dwellings. A multiple-family dwelling constructed in a C-M zoning district must meet the same requirements as a multiple-family dwelling unit constructed in an R-4 zoning district including all requirements for multiple-family dwellings contained in Chapters 1135, 1136, 1141, and 1145. Building and site design, materials and landscaping must be compatible with surrounding structures and area and shall be approved at the discretion of the Urban Planning Manager or City Administrator (or designee). Apartment buildings must be a minimum of four (4) stories. First floor finished ceiling height must be a minimum of twelve (12) feet and minimum nine (9) foot finished ceiling height in each story above the first. The preference is for compatible office or commercial use of the first floor with residential above the first floor. Dwellings may be on the first floor, but first floor construction must allow for easy conversion to accommodate the occupancy of other C-M permitted uses. Any first floor occupancy other than residential must be compatible with the residential use of the building and shall be approved at the discretion of the Urban Planning Manager (or designee). Multiple-family dwellings (including condominiums, garden apartments, and townhouses), two-family dwellings and zero lot-line single-family dwellings (one or two zero lot lines when two units adjoin and share a common wall) may be constructed that meet all requirements for multiple-family dwellings contained in Chapters 1135, 1136, 1141, and 1145 if approved by the Urban Planning Manager and City Administrator and that are consistent with the standards set forth in Section 1135.06 of the Maumee Codified Ordinances or as allowed in a development agreement..
(b) Conditional Uses: Conditional uses listed within the C-2 General Commercial District, if not otherwise permitted, may be permitted under the procedure contained in Chapter 1134.
(c) Lot Size and Yard Area Requirements: Minimum floor area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-M Commercial-Industrial District, except as may be modified by a development agreement.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations: Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the C-M Commercial-Industrial District, except as may be modified by a development agreement.
(e) Off-Street Parking, Loading and Storage Regulations: Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the C-M Commercial-Industrial District, except as may be modified by a development agreement .
(f) Signs Permitted: Signs shall be permitted in the C-M Commercial-Industrial District in accordance with Chapter 1143.
(g) Performance Standards: The performance standards set forth at Section 1125.08 (g) shall apply to the C-M Commercial-Industrial District, except as may be modified by a development agreement. (Ord. 036-2023. Passed 10-4-23.)
1125.12 M -1 CONTROLLED INDUSTRIAL DISTRICT.
The M-1 Controlled Industrial District is intended to provide for industrial uses having a minimal impact upon the surrounding environment in areas that are suitable for industrial development by reason of their location and the availability of adequate utility and transportation systems. Industrial uses that can be operated in a clean and quiet manner, subject only to those regulations and performance standards necessary to prohibit congestion and for the protection of adjacent residential and business activities are permitted. It is anticipated that uses established in this district will be developed in an industrial park-like setting.
(a) Permitted Uses. Within the M-1 Controlled Industrial District, a structure or premises may be erected or used only for the following purposes:
(1) Commercial radio and television transmitting stations and antenna towers.
(2) Compounding, processing and packaging of meat, dairy and food products, exclusive of slaughtering.
(3) Laundries, dry cleaning and dyeing plants.
(4) Machine shops and tool and die shops.
(5) Machinery and heavy equipment rental, sales and storage.
(6) Medical Marijuana Cultivators, Processers and Testing Laboratories. Except in C-M.
(7) Manufacturing or assembling, or repairing of electrical and electronic products, components and equipment.
(8) Moving and storage companies.
(9) Offices and professional services.
(10) Other manufacturing, processing, assembling or compounding operations possessing characteristics similar to those industrial uses listed in this section, which can be operated in compliance with the performance standards of this section.
(11) Printing, publishing, binding and typesetting plants.
(12) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government.
(13) Public utilities as follows:
A. Electric substations, equipment structures, transmission lines and towers.
B. Telephone substations, distribution centers and transmission equipment structures.
C. Gas regulator and meter stations.
D. Water filtration plants.
E. Water pumping stations.
F. Sanitary sewage treatment plants.
G. Sanitary sewage pumping stations.
(14) Recycling facilities (with all operations and storage within an enclosed building).
(15) Research and engineering laboratories.
(16) Schools; primary, intermediate and secondary; both public and private.
(17) Sign painting and manufacturing.
(18) Truck and motor freight terminals.
(19) Automobile repair garages.
(20) Automotive Sales and Service (heavy).
(21) Recreational Vehicle Sales and Service.
(22) Manufactured Home, Mobile Home, Modular Home Sales.
(23) Agricultural Vehicle or Equipment Sales and Service.
(24) Wholesale bakeries and bottling works.
(25) Wholesale establishments, warehouses and storage facilities.
(26) Kennels.
(27) Accessory structures and uses.
(b) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional use may be approved, provided it meets the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Airport, landing field, or landing pad for aircraft.
(2) Parking Areas: Extension of parking into contiguous zoning district parking areas, subject to Section 1134.08.
(4) Public utility control facilities or structures.
(5) Sweepstake terminal cafe.
(6) Jail / Correction Facility
(c) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the M -I Controlled Industrial District.
(d) Minimum and Maximum Floor Area Requirements and Bulk Regulations. Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed or structurally altered within the M-1 Controlled Industrial District.
(e) Off-Street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the M-1 Controlled Industrial District.
(f) Signs Permitted. Signs shall be permitted in the M -1 Controlled Industrial District in accordance with Chapter 1143.
(g) Performance Standards. Any use constructed, established, altered or enlarged in the M-1 Controlled Industrial District shall be operated in a manner that complies with the following standards. No existing use shall be altered or modified so as to conflict with the standards established herein.
(1) All manufacturing, assembling, processing, packaging and compounding shall be conducted within completely enclosed structures.
(2) Except as otherwise specified in this section, no outdoor storage of inventory, processing equipment, raw materials, or partially finished goods shall be permitted unless effectively screened in accordance with Chapter 1145 (Minimum Landscape Requirements).
(3) Noise from any operation conducted on the premises, either continuous or intermittent, shall be subject to the provisions of Chapter 543 of the General Offenses Code.
(4) No structure shall be used for residential purposes, except that a watchman may reside on the premises.
(5) No manufacturing emission or disposal of toxic or noxious matter which is injurious to human health, comfort or enjoyment of life and property , or to animal and plant life shall be permitted, including radioactive materials, flammable or explosive substances and other hazardous chemical products.
(6) The emission from all sources within the district of smoke or other air pollutants as defined by the Ohio Environmental Protection Agency shall not violate the respective air quality standards of the Ohio EPA.
(7) The emission of odors or odor-causing substances, which can be detected at or beyond the district boundary, is prohibited.
(8) Vibrations, which can be detected without the use of instruments at or beyond the property lines, are prohibited.
(9) Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located within any residence district.
(10) In interpreting the above standards, either the Building and Zoning Inspector or the applicant may request an interpretation from the Planning Commission.
A. For the purposes of such interpretation the Planning Commission may consider a written report on the expected performance of the subject use by a qualified consultant appointed by the applicant, as well as a qualified consultant appointed by the Commission. Fees for such consulting services shall be paid by the applicant.
B. Failure of the Planning Commission to give an interpretation within forty-five (45) calendar days from of the date the request is first heard shall be considered an interpretation favorable to the applicant.
(11) Automotive sales and service (heavy), recreational vehicle sales and service, manufactured, mobile and modular home sales and service and agricultural vehicle or equipment sales and service may include outside storage of vehicles, equipment and structures for sale or rent, provided such vehicles or equipment shall not be stored or displayed in any required yard.
(12) Medical Marijuana Cultivators, Processers and Testing Laboratories shall comply with Chapter 3796 of the Ohio Revised Code and Part Seven of the Maumee Codified Ordinance.
(13) Multiple-family dwellings. A multiple-family dwelling constructed in an M-1 zoning district must meet the same requirements as a multiple-family dwelling unit constructed in an R-4 zoning district including all requirements for multiple-family dwellings contained is Chapters 1135, 1136, 1141, and 1145. Building and site design, materials and landscaping must be compatible with surrounding structures and area and shall be approved at the discretion of the Zoning Administrator (or designee). Building must be a minimum of four (4) stories. First floor finished ceiling height must be a minimum of twelve (12) feet and minimum nine (9) foot finished ceiling height in each story above the first. The preference is for compatible office or industrial use of the first floor with residential above the first floor. Dwellings may be on the first floor but first floor construction must allow for easy conversion to accommodate the occupancy of other M-1 permitted uses. Any first floor occupancy other than residential must be compatible with the residential use of the building and shall be approved at the discretion of the Zoning Administrator (or designee). (Ord. 012-2022. Passed 3-7-22; Ord. 038-2024. Passed 11-18-24.)
1125.13 M -2 INDUSTRIAL DISTRICT.
(a) General Purpose: The M -2 Industrial District is designed to provide for industrial and other uses that can be operated in such a manner as to conform to the applicable performance standards of this district. These uses perform essential and necessary functions and are provided for in areas that are best suited for such industrial development by reason of location, and the availability of the adequate utility and transportation systems, and accordingly, are isolated from residential neighborhoods.
(b) Permitted Uses. Within the M-2 Industrial District, a structure or premises may be erected or used only for the following purposes:
(1) Any use permitted within the M -1 Controlled Industrial District.
(2) Agricultural Processing Facilities.
(3) Public structures not otherwise defined and regulated by this code or parking areas erected, leased or used by any department of a municipal, county, state or federal government.
(5) Supply or Storage Yard.
(c) Conditional Uses. Refer to Chapter 1134 (Conditional Use Regulations) for the process of obtaining a conditional use permit. The following conditional uses may be approved, provided they meet the general standards found in Section 1134.03 (General Standards for Conditional Uses) and any listed specific conditions in Section 1134.08 (Supplemental Requirements for Specified Conditional Uses):
(1) Automobile Service Stations (full service and fuel only) and car washes subject to conditions in Section 1134.08(b).
(2) Extraction of sand and gravel, topsoil, and other natural resources.
(3) Parking Areas: Extension of parking into contiguous zoning district parking areas, subject to Section 1134.08(j).
(5) Public utility control facilities or structures.
(6) Refuse disposal sites.
(7) Industrial uses that can operate in compliance with the required performance standards of this Chapter that are not otherwise permitted in any other zoning district of the City.
(8) Sweepstake terminal café.
(9) Jail/Correction Facility.
(d) Lot Size and Yard Area Requirements. Minimum lot size and yard area requirements as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed, or structurally altered within the M -2 Industrial District.
(e) Minimum Floor Area Requirements and Bulk Regulations: Minimum floor area requirements and bulk regulations as set forth in Section 1125.14 shall apply to all structures hereafter erected, relocated, reconstructed, or structurally altered within the M -2 Industrial District.
(f) Off-Street Parking, Loading and Storage Regulations: Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the M-2 Industrial Zone.
(h) Performance Standards for Industrial Uses: Any use constructed, established, altered or enlarged in the M -2 Industrial District, other than a sexually oriented business, shall be operated in a manner that complies with the following standards. No existing use shall be altered or modified so as to conflict with the standards established herein.
(1) All outdoor storage of materials or equipment shall be effectively screened pursuant to Chapter 1145.
(2) Noise from any operation conducted on the premises, either continuous or intermittent, shall be subject to the provisions of Chapter 543 of the General Offenses Code.
(3) No Structure shall be used for residential purposes, except that a watchman may reside on the premises.
(4) No manufacturing emission or disposal of toxic or noxious matter which is injurious to human health, comfort or enjoyment of life and property, or to animal and plant life shall be permitted.
(5) The emission from all sources within the district of smoke or other air pollutants as defined by the Ohio Environmental Protection Agency shall not violate the respective air quality standards of the Ohio EPA.
(6) The emission of odors or odor causing substances, which can be detected at or beyond the district boundary, is prohibited.
(7) Vibrations, which can be detected without the use of instruments at or beyond the property lines, are prohibited.
(i) Performance Standards For Sexually Oriented Uses. Sexually oriented business uses are categorized as any establishment consisting of, including, or having the characteristics of any or all of the following uses: 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. Specific definitions are provided in Chapter 1101 (Definitions) as part of the definition of a sexually oriented business; however, sexually oriented business activities shall not include massage parlors, as defined in Chapter 1101, or obscene materials or prostitution, as regulated in the Maumee Criminal Code. Sexually oriented business uses have additional regulations imposed to protect children from accidental or other exposure to adult materials and activities and because of the likelihood to produce harmful secondary health, safety, and aesthetic effects on residential neighborhoods and other specified land uses. These additional regulations include the following:
(1) No sexually-oriented business shall be established within one thousand (1,000) feet of any:
(A) Residential Zoning District R-1, R-2, R-2A, R-3, R-4, and others as they may be established;
(B) Library, educational institution, park, recreational facility, religious place of worship, child day care facility, playground, or swimming pool;
(C) Planned Unit Development that includes residential land uses; or
(D) Bar, tavern, or other establishment offering the sale of beer or intoxicating liquor for consumption on the premises regulated by the Ohio Division of Liquor Control (ORC Title 43).
(2) No sexually oriented business shall be established within five hundred (500) feet of any other sexually oriented business.
(3) For the purpose of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed above in this section. Presence of a municipal, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section.
(4) Prohibited Public Display. No displays, promotions, or advertisement which depict or describe adult materials, specified sexual activities or specified anatomical areas shall be shown, distributed or exhibited so as to be visible to the public from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas.
(5) Public View to Be Prevented. All building openings, entries, windows, and doors of sexually oriented businesses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas.
(6) External Audio and Visual Impact. No screens, loudspeakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) or any other sexually oriented businesses shall be operated in such a manner as to be seen or discerned by the general public from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas.
(7) Exterior Signage Exterior identification signage is permitted subject to other applicable provisions of these regulations. However, to limit exposure of sexual images to minors, no exterior signage shall include sexually explicit verbal messages, graphics, drawings, or other illustrations of specified sexual anatomical areas or specified sexual activities.
(j) Interpretation. In interpreting the performance standard of these sections, either the Building and Zoning Inspector or the applicant may request an interpretation from the Planning Commission.
(1) For the purposes of such interpretation the Planning Commission may consider a written report on the expected performance of the subject use by a qualified consultant appointed by the Commission. The applicant shall pay fees for such consulting services.
(2) Failure of the Planning Commission to give an interpretation within forty-five (45) calendar days from of the date the request is first heard shall be considered an interpretation favorable to the applicant.
(Ord. 088-2019. Passed 5-6-19.)
1125.14 LOT AREA; YARD AREA; FLOOR AREA; BULK REGULATIONS.
The following schedule provides the minimum lot, yard and floor areas, and the maximum height for uses and structures erected, relocated, rebuilt or structurally altered within a zoning district in the City.
(a) Lot Frontage. Minimum lot frontage requirements shall be equivalent to minimum lot width requirements. However, for lots on the turning circle of a public cul-de-sac, the minimum lot frontage shall not be less than thirty-five (35) feet in all districts.
(b) Corner Lots. All portions of lots which front public rights of way shall be considered front yards with a maximum required front yard of twenty-five (25) feet on the secondary street (see schedule of district regulations footnote (iv) in this Section). The rear yard is defined as the yard opposite the front door, or principle entrance of the structure. Accessory structures shall not be permitted in a required front yard and must have a setback from any street that is equal to or greater than that of the principle structure.
(c) Yard Requirements.
(1) No yard or other open space provided to comply with this ordinance shall be counted toward compliance toward allowance for another principle structure on a particular property.
(2) Land Uses within Required Yards.
A. Every part of a required yard shall be open to the sky except where accessory structures are permitted in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than eighteen inches (18"), eaves projecting more than two (2) feet, and uncovered front porches and steps on residential structures projecting not more than eight (8) feet from the front of the structure. But in no case shall any of these projections be less than three (3) feet from a side lot line or six (6) feet from a front lot line, except uncovered front porches or steps that project into a required front yard shall not project beyond the sides of a residential structure into a required side yard.
B. Portable storage/moving units and temporary dumpsters between ten (10) and forty (40) yards capacity may be located in the front or side yard for no more than thirty (30) days and must be located on a hard surface. A letter of approval must be obtained from the Zoning Administrator prior to placing these units or dumpsters on a lot. No refuse disposal container may be placed on a lot for more than thirty (30) days. Every effort must be made to shield them from view at street level. No portion of a portable storage/moving unit or dumpster may be located in the public right of way unless a letter authorizing same is obtained from the Director of Public Service or their designee.
C. Adjacent, incompatible uses: A lot or parcel in a C-1, C-2, C-4, C-M, M-1, or M-2 District which is adjacent to the front, back, or side yard of a lot or parcel in a R-1, R-2, R-2A or R-3 District shall meet or exceed the following:
(i) No refuse, garbage, trash or container for refuse, garbage or trash, merchandise, building materials, vehicle or other material or equipment shall be stored or placed within the minimum yards as required by this section.
(ii) If permitted within such zoning district, materials or equipment may be stored or placed in yards other than such required yards listed in the schedule of district requirements in this section, only if they are screened in such a way so that the same are not visible by persons at grade level in the R-1, R-2, R-2A or R-3 Districts measured a minimum ten (10) feet from the abutting property line. Such screening shall be constructed and maintained at a height determined by the Urban Planning Manager to provide maximum screening, provided said screening shall not exceed eight (8) feet in height. All materials for said screening shall not be made of t-111 wood or other easily degradable material as determined by the Urban Planning Manager, and shall be constructed of similar materials to match or blend with the principle structure in appearance, color, and texture. If decorative masonry or wood is used, upright evergreens shall, in addition thereto, be planted on the side of the wall or fence nearest to the residential district. The maximum spacing between such plantings shall not exceed five (5) feet. Landscaping shall also be required to be planted on the side nearest the residential district. This landscaping shall be in addition to that which is required by Chapter 1145. The landscaping plan, screening materials and height shall be reviewed and approved at the discretion of the Zoning Administrator. All landscaping shall meet the size and spacing requirements contained in Chapter 1145.
(d) Height. (Height shall be measured midway through the gable for non-flat roofs). In order to comply with the requirements of this section, the height of any structure shall be no greater than the maximum height set out below in feet, if any, except as follows:
(1) Public, semi-public, or private service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding eighty (80) feet.
(2) Churches and temples may be erected to a height not exceeding seventy-five (75) feet.
(3) The height limitations of this Zoning Code shall not apply to:
A. Belfries.
B. Church spires.
C. Elevator bulkheads.
D. Ornamental towers and spires.
E. Stage towers or scenery lofts.
F. Water towers.
The schedule of district requirements shall be as follows:
SCHEDULE OF DISTRICT REGULATIONS | ||||||||
District | Minimum Lot Area (sq. ft.) | Minimum Lot Width (ft.) (except as specified in subsection 1125.14 (a)) | Maximum Front Yard Setbacks (ft.) (iv) | Minimum Yard Setbacks (ft) (iv) | Minimum Floor Area Per Family (sq. ft.) | Maximum Height (ft.) | Maximum Stories as defined at least 10 feet from floor to bottom of floor joist above | |
Side | Rear | |||||||
OS Open Space | -- | -- | (i) | (i) | (i) | -- | ||
Residential Districts | ||||||||
R-1 Single-Family Residential | 8,500 | 60 | 25 | 10/8 | 35 | 1,400 | 40 | 3 1/2 |
R-2 Single-Family Residential | 5,500 | 45 | 30 | 8/5 | 30 | 1,000 | ||
R-2A Single-Family | 4,500 | 40 | 20 | 20 | 800 | |||
R-3 Single-Family Residential | 3,000 | 25 | 25 | 800 | ||||
R-3 Single-Family Residential (1 Zero-Lot Line) | 2,500 | 0/8 | 20 | |||||
R-3 Two-Family Residential | 2,000/unit | 50 | 8/5 | |||||
R-4 Single-Family (1-2 Zero Lot Lines) | 2,500 | 35 | 0/8 or 0/0 (iii) | 25 | 800 | |||
R-4 Two-Family Dwellings | 1,500/unit | 50 | 10/8 | 1 BR:500 2BR: 700 3 BR:900 4 BR:1100 | ||||
R-4 Multiple-Family Dwellings (excluding assisted/indepen-dent living facilities) | 800/unit | 70 | 60 Sec. vii | 6 |
SCHEDULE OF DISTRICT REGULATIONS | ||||||||
District | Minimum Lot Area (sq. ft.) | Minimum Lot Width (ft.) | Maximum Front Yard Setbacks (ft.) (iv) | Minimum Yard Setbacks (ft) (iv) | Minimum Floor Area Per Family (sq. ft.) | Maximum Height (ft.) | Maximum Stories | |
Side | Rear | |||||||
Commercial Districts | ||||||||
C-1 Neighborhood | 9000 | 30 | 20(i) | 5(i) | 5(i) | 1 bdrm: 500 2 + bdrms: 700 | 25(v) | 2(v) |
C-2 General Commercial | 9000 | 50 | 25(v) | 2(v) | ||||
C-3 Uptown Commercial | 20 | -- | (i) | (i) | 25 not including parapets | 2 | ||
C-4 Office, Lab, and Research | 20000 | 50 | 30(i) | 5(i) | 5(i) | 25(v) not including parapets | 2(v) | |
C-M Commercial-Industrial | 20000 | 80 | 30(v) not including parapets | 2(v) | ||||
Industrial Districts | ||||||||
M-1 Controlled Industrial | 9000 | 40 | 20(i) | 5(i) | 5(i) | -- | 30 | |
M-2 Industrial | 20000 | 80 | -- | 30(ii) | ||||
Overlay Districts | ||||||||
Design Review Overlay | See Regulations in Section 1127.02 et al and for the underlying zoning district | |||||||
PUD Overlay District | See Chapter 1127 for Planned Unit Development District | |||||||
FOOTNOTES TO SCHEDULE OF DISTRICT REGULATIONS
i. Upon the construction, relocation, and/or reconstruction of any structure on a lot in the C-1, C-2, C-3, C-4, M-1, M-2, OS or C-M Districts which is adjacent to a residential district, the required yard setbacks in those areas abutting the residential district shall be equal to the yard setbacks required in the adjacent residential district. Such yard shall be landscaped in addition to the requirements of Chapter 1136 (Design Review) and Chapter 1145 (Minimum Landscaping Requirements) in order to effectively screen the Commercial or Industrial property from the residential district. The landscaping plan for this area shall be approved at the discretion of the Urban Planning Manager. A lot in the C-1, C-2, C-3, C-4, M-1, M-2, OS or C-M Districts shall be considered adjacent to a residential district although a street or other public way is interposed between such lot and the residence district.
ii. There shall be no height limitation in the M-2 District except where it may adjoin a residence district, then, any structure shall comply with subsection (c)(2)(C) of this section and with all applicable sections of Chapter 1136 (Design Review) and Chapter 1145 (Minimum Landscape Requirements), but shall be set back from the boundary of the residence district a minimum distance of one foot for each foot of structure height.
iii. The last unit in a row of double zero lot-line homes must have a side yard of eight (8) feet, unless such lot is a corner lot, in which case two front yards are required.
iv. Required yard setbacks and lot size may be varied at the discretion of the City Administrator in consultation with the Law Director and Urban Planning Manager. The City Administrator or Urban Planning Manager shall consider the design, size, and use of the proposed structure, surrounding structures, and the impact the variance might have on the surrounding neighborhood. Preference must error toward denser use of lots and locating principle structures closer to the right of way and locating required parking to the rear whenever possible.
v. New building construction in these districts must complement nearby environs. Buildings should be multiple stories. Single story buildings may be permitted under special circumstances or with certain uses. All single story buildings shall be reviewed and approved at the discretion of the City Administrator after consultation with the Urban Planning Manager.
vi. Development agreements may also be entered into by the City Administrator which vary the requirements of these District Regulations.
vii. In CM districts, Multi Family uses within a CM district shall have a minimum height of forty (40) feet not including parapets and a minimum of four (4) stories
(Ord. 028-2024. Passed 6-25-24.)
1127.01 OVERLAY DISTRICTS.
In addition to the Zoning Districts established in Chapter 1125, three overlay zoning districts are established and include a Design Review Overlay District, a Planned Unit Development Overlay District, and the Fallen Timbers Overlay District.
1127.02 DESIGN REVIEW OVERLAY DISTRICT.
The purpose of this district is to protect unique areas in the City of Maumee by defining architectural standards and design review mechanism. Unless specifically modified by the overlay zone the requirements of the underlying zoning district are maintained along with the additional requirements of the overlay zone. Overlay districts allow modifications and impose further restrictions to maintain the character and/or architectural integrity of important sites, districts, or structures within the City. This section also establishes the procedures by which sites and structures within the overlay zone shall be reviewed.
1127.03 DESIGNATION OF A DESIGN REVIEW OVERLAY DISTRICT.
In order for a site, structure or district to be zoned as a Design Review Overlay District, the Design Review Board shall first recommend to Council, the site, structure or district be designated as a Design Review District. The boundaries of the overlay district shall be shown on the District Map, and, in addition to regulations established in the underlying zoning district, all regulations set forth in this section shall also apply. Design Review Districts shall apply to both historic areas of Maumee and to more contemporary corridors and neighborhoods where urban design considerations are deemed to be particularly important and worthy of additional standards and review.
1127.04 AMENDMENTS TO THE UNDERLYING DISTRICTS.
The establishment of a Design Review Overlay District shall not in any way prohibit a qualified applicant from seeking a change in the underlying zoning district, in accordance with procedures for amendments as described in this Zoning Code. However, a change in the underlying zoning district shall not affect the ability of the City of Maumee or its representatives to enforce the provisions of the overlay district as described in this section, regardless of the underlying zoning district.
1127.05 STANDARDS AND GUIDELINES FOR AREAS ZONED AS A DESIGN REVIEW OVERLAY DISTRICT.
Design review standards and guidelines shall be developed to provide specific standards for each Design Review Overlay District. Such standards shall address preferred methods for modifications and reuse of historic structures and methods to encourage compatible new development within the Design Review Overlay District.
(a) The specific standards and guidelines developed for each Design Review District shall include the following:
(1) Design review standards and guidelines shall not limit new construction to any one historical period or architectural style, but shall seek to insure compatibility with relevant historical or contextual urban design considerations of a neighborhood, district or corridor.
(2) Design review standards that address historical areas shall utilize the review criteria and standards contained herein.
(3) The use, lot area, and bulk regulations in a particular Design Review Overlay District shall be in accordance with the applicable underlying zoning district, except as the use, area, and yard regulations may be expressly modified or revised in accordance with this section.
(b) Design Review Guidelines may address:
(1) Design.
(2) Building height.
(3) Building width.
(4) Roof type.
(5) Building materials consisting of the type characteristic of the century or period.
(6) Ornamentation of features such as window and door lintels, quoins, soffits, cornices, fences, railing and the like.
(7) Walkway paving materials.
(8) Building setback from the street line.
(9) Color or colors of the exterior as related to color or colors of surrounding structures.
(10) Arrangements of the structures on the lot.
(11) Scale, placement and design of signage.
(12) Exterior lighting.
(13) Exterior landscape elements.
1127.06 APPLICATIONS FOR A CERTIFICATE OF APPROPRIATENESS.
(a) No contractor, owner or other person shall make any external changes to any property within a Design Review Overlay District unless the Design Review Board has previously issued a valid, written, Certificate of Appropriateness. Application for such Certificate shall be in addition to any required application for a Zoning Certificate or Zoning Certificate of Compliance under the applicable provisions of this Zoning Code.
(b) Applications for a Certificate of Appropriateness shall be filed with the Building and Zoning Inspector together with all applicable plans, designs, elevations, specifications and documents relating thereto.
1127.07 INFORMATION REQUIRED FOR CERTIFICATE OF APPROPRIATENESS.
In addition to the information required to be made a part of an application, or required by the rules established by the Building and Zoning Inspector from time to time, there shall be attached to the application provided for in Section 1127.05 (Standards and Guidelines for Areas Zoned as a Design Review Overlay District) hereof:
(a) The required number of complete sets of maps and drawings as designated by the Building and Zoning Inspector, if appropriate, to indicate the following information as applicable:
(1) The location of all structures on the subject property and all adjoining properties.
(2) Landscaping and/or fencing of yards and setback areas, use of landscaping and/or walls or fencing for screening purposes.
(3) Off-street parking and loading facilities.
(4) Drawings or sketches of the exterior and elevations, and/or perspective drawings of the structures under consideration.
(5) Description of proposed building materials and/or color scheme.
(6) Site plan approval.
(7) Approval of any required variances or other zoning issues.
(b) When a property owner applies for a permit to demolish a structure within a designated Design Review Overlay District, evidence shall be submitted to the Building and Zoning Inspector by the applicant, in addition to that required as above, that one or more of the following conditions prevail:
(1) That the structure proposed for demolition is not inherently consistent, in regard to those characteristics designated above, with other structures within its designated Design Review Overlay District.
(2) That the structure contains no features of special architectural and historic significance.
(3) That there exists no reasonable economic use for the structure as it exists or as it might be restored, and that there exists no feasible and prudent alternative to demolition, or that deterioration has progressed to the point where it is not economically feasible to restore the structure.
(c) If the Building and Zoning Inspector finds that application for demolition does not meet the above criteria, the application for permit shall be denied.
1127.08 CONSIDERATION BY BUILDING AND ZONING INSPECTOR.
Before referring any matter to the Design Review Board, the Building and Zoning Inspector shall first determine if the proposed structure or addition thereto meets the requirements of all other applicable provisions of this Zoning Code.
(a) Required Preliminary Reviews. When variances, site plan review or any other zoning issues are required, such approvals shall be obtained from the appropriate board or commission prior to referral to the Design Review Board.
(b) Determination Application Complete. The Building and Zoning Inspector shall promptly determine if an application for a Certificate of Appropriateness is a complete submittal. Only applications that are deemed to be a complete submittal may be filed and acted upon. If all information required to accompany the application is not provided, the Building and Zoning Inspector shall promptly notify the applicant that the application may not be filed and formally considered, and of the additional items that must be submitted.
(c) If the use or construction is in accordance with all other provisions of this Zoning Code, the Building and Zoning Inspector shall refer the application and associated materials required by this section to the Design Review Board. The application shall be accompanied by a written statement signed by the Building and Zoning Inspector attesting to compliance with all other requirements of this Zoning Code.
1127.09 ACTION ON APPLICATION.
For all matters involving the issuance of a Certificate of Appropriateness, the Design Review Board shall conduct an adjudicative hearing in accordance with Section 1105.09 (Adjudicative Hearing Requirements). After the hearing, the Design Review Board shall take one of the following actions:
(a) Approve the application.
(b) Deny the application.
(c) Approve the application subject to special modification that will ensure the project meets the standards for review. No application shall be denied or modified unless a majority of all members appointed to the Board vote to reject or modify the application.
(d) If an application is approved without modifications, the Design Review Board shall so notify the Building and Zoning Inspector, who will then issue a permit.
(e) If an application is denied, the specific basis for such disapproval shall be provided in a written statement, along with recommendations on changes to design, arrangement, texture, material, and color of the exterior features and interior arrangement of the structure, as the Design Review Board deemed appropriate.
(f) If the applicant accepts the modifications of the Design Review Board, a revised application shall be filed with the Building and Zoning Inspector, whereupon a permit shall be issued.
1127.10 PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT.
The purpose of the Planned Unit Development Overlay District (PUD) is to achieve land development that is responsive to the natural and environmental assets and liabilities of a given site. The PUD provides an alternative overlay zoning category that is intended to encourage imaginative design of development. The PUD shall be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PUD allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.
1127.11 PUD OVERLAY DISTRICT DESIGNATION.
All PUD Preliminary Plan submissions are applications for amendment to this Zoning Code according to Chapter 1107 and shall be considered in accordance with the procedures for rezoning.
(a) Property proposed to be developed as a PUD must first be rezoned to include the PUD Overlay District. Approval of a Preliminary Development Plan is a rezoning of the property to a PUD Overlay District.
(b) Upon approval of a PUD Preliminary Development Plan, the District Map shall be amended to designate the property as a "PUD Overlay."
(c) A PUD Overlay District Designation may be proposed in any conventional zoning district. When approved, the zoning designation for the subject property shall include the conventional zoning district name along with the PUD Overlay notation.
(d) If the conventional zoning district also requires amendment, this amendment shall occur concurrently with the PUD Preliminary Development Plan approval.
1127.12 PERMITTED USES.
(a) An applicant may propose to include a ratio of not less than seventy-five (75) percent from the list of the permitted or conditional uses for the underlying zoning district, and not more than twenty-five (25) percent from the list of the permitted or conditional uses from any other zoning district except those uses listed in the "M" districts.
(b) Combinations of residential types may be proposed to allow greater design flexibility. This combination of residential types may include single-family detached dwellings, two-family dwellings, zero lot line units, and multiple-family dwellings.
1127.13 PUD DEVELOPMENT STANDARDS.
In addition to design standards and any conditions of approval required by Council, the following standards shall apply to a Planned Unit Development.
(a) Planned Unit Developments must be:
(1) Developed in accordance with the general or specific objectives of the Master Plan;
(2) Designed, constructed, operated, and maintained in such manner as to be harmonious with the existing or intended character of the general vicinity;
(3) Would not be hazardous to existing or future neighboring uses;
(4) Would be served adequately by essential public infrastructure, facilities, and services, or provides at the applicant's expense for the construction of additional public infrastructure, facilities, and/or services which would adequately service such use; and
(5) Would not involve uses, activities, processes, materials, equipment, or conditions of operation which would be detrimental to persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(b) Minimum Size. Planned Unit Developments must be owned, leased, or controlled by one person or single entity at the time of application and must contain at least three (3) contiguous acres.
(c) Maximum Overall Density. The maximum overall residential density in a PUD shall be equivalent to the maximum density that would otherwise be permitted if the area proposed to be dedicated to residential land uses were developed as a conventional subdivision.
(1) PUD Density shall be calculated by preparing a map of the units yielded for a conventional subdivision on the parcel, or by use of the following formula:
(TSA/MLA) X 80%, where:
(A) TSA = the Total Site Area. TSA is determined by deducting the following from the total project area:
(i) Any area devoted to non-residential purposes;
(ii) The area of land which may not be developed because it is within a floodway, Category 3 wetland, existing water body, or land subject to an existing conservation easement, but where floodways, wetlands, water bodies, or land subject to an existing conservation easement overlap, they shall be counted only once. The Planning Commission may reduce the total for the amount of land which may not be developed by up to one-third (1/3) upon a finding the developer will incorporate and provide an adequate mechanism for the preservation of an equivalent area of these features in required yard setbacks.
(B) MLA = Minimum Lot Area (in acres). The minimum lot area factor shall be the stated minimum lot area requirement in Section 1125.14(f) (Schedule of District Regulations) for the type of residential development in the underlying Zoning District. To convert the minimum lot area requirements in the Schedule from square feet to acres simply requires the specified standard in square feet to be divided by 43,560 square feet per acre.
(C) 80% = The factor to account for losses in land area due to proposed new roads and the fact that some of the lots in a development will be larger than the minimum required.
(D) When the above formula produces a fractional value for the total number of units for the total project area, this final number shall be rounded to the nearest whole number.
(2) When a residential use is proposed for a PUD in a commercial or industrial underlying zoning district, the minimum lot area standard for the residential area of the PUD shall be the minimum lot area requirement for R-4 multiple-family dwellings in Section 1125.14(f) (Schedule of District Regulations).
(d) Flexible Development. Minimum required lot area, lot width, and yard depth standards specified in Section 1125.14(f) (Schedule of District Regulations) may be reduced to accommodate a variety of structural patterns, clustering designs, and housing types.
(1) The minimum spacing between any principal buildings, which are not attached, shall be ten (10) feet.
(2) Planned Unit Developments must be developed so that any reduction to minimum residential lot size provides required common open space at an equivalent ratio. Where the sum of the area of all lots devoted to residential use is less than the product of the number of dwellings and the minimum lot area requirement for each type of dwelling pursuant to Section 1125.14(f) (Schedule of District Regulations), the difference in area shall be required open space.
(e) Open Space. Planned Unit Developments must be designed so that all common open space is preserved for its intended purpose as expressed in the Final Development Plan.
(1) One or a combination of the following three methods shall be used to administer the common open space:
(A) Public dedication to the City of the common open space.
(B) Establishment of an association or nonprofit corporation of all individuals, corporations or other entities owning property within the Planned Unit Development to insure the maintenance of all common open space.
(C) Retention of single ownership, control and maintenance of all common open space.
(2) Planned Unit Developments must be established so that all privately owned common open space shall continue to conform to its intended use and remain as expressed in the Final Development Plan through the inclusion in all deeds of appropriate restrictions to insure that the common open space is permanently preserved according to the Final Development Plan. Such deed restrictions shall run with the land and be for the benefit of the property owners and shall contain a prohibition against partition.
(3) Planned Unit Developments must be designed so that all common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and shall be constructed and fully improved at an equivalent or greater rate than the construction of residential structures. In addition, common open space shall be designed as a functional part of the development, distributed throughout the area and accessible to all residents. If administration of common open space is through an association or nonprofit corporation, such organization shall conform to the following requirements:
(A) The association or nonprofit corporation shall be established prior to the sale of any lots.
(B) Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the Planned Unit Development.
(C) The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, provide for the maintenance, administration and operation of such land and structures, and any other land within the Planned Unit Development not publicly or privately owned, and shall secure adequate liability insurance on the land and structures.
(D) If administration of common open space is through an association or nonprofit corporation, the title to all residential property owners shall include an undivided fee simple estate in all common open space.
(f) Essential Services. Planned Unit Developments shall be:
(1) Adequately served by essential public infrastructure, facilities, and services, or provides at the applicant's expense for the construction of additional public infrastructure, facilities, and/or services which would adequately service such use;
(2) Located on a site with at least one property line abutting a major or minor arterial street and designed so that all ingress and egress to the off-street parking area for guests, employees and residents shall be directly onto a major or minor arterial street.
(3) Designed so that utilities and streets in the Planned Unit Development meet the Standards of Improvements as set forth in Section 1165.10 (Standards of Improvements).
(g) Off-street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the PUD Overlay District.
(h) Signs Permitted. Signs shall be permitted in the PUD Overlay District in accordance with Chapter 1143.
1127.14 COMBINED PRELIMINARY AND FINAL DEVELOPMENT PLANS.
It is intended that PUD development review will be a two-stage process, first involving Preliminary Development Plan approval to include amendment to the Zoning Map designating the parcel a PUD Overlay District, and then involving Final Development Plan approval, which includes Subdivision Preliminary Plat approval. Applicants are encouraged to separately submit applications for approval of Preliminary Development Plans to the Planning Commission for review before extensive engineering and formal submission of a Final Development Plan as set forth in the following sections. At the applicant's option, however, the applicant may proceed directly toward filing of a Combined Preliminary and Final Development Plan. The procedures for a Combined Preliminary and Final Development Plan shall require the same procedural manner as an amendment to this Zoning Code in accordance with Chapter 1105.08 (Public Hearing Requirements). The submission requirements shall include all requirements for a Preliminary Development Plan and a Final Development Plan.
1127.15 PRELIMINARY DEVELOPMENT PLAN.
An application for approval of a PUD Preliminary Development Plan by the Planning Commission and City Council shall be filed with the Building and Zoning Inspector along with all required plans and documents.
(a) Preliminary Development Plan Submission Requirements. A complete submittal of the Preliminary Development Plan application shall be prepared by a registered professional engineer or architect drawn on 24 x 36 drawing sheets to a scale of one (1) inch equals twenty (20) feet for sites less than one (1) acre, one (1) inch equals fifty (50) feet for sites of one (1) acre to forty (40) acres, or one (1) inch equals one hundred (100) feet for sites greater than 40 acres. All applications shall include:
(1) Application fees as determined by Council.
(A) Additional fees may be required to defray the expenses associated with the public review of the plans, including the need to retain a registered professional engineer, architect, or landscape architect, or other professional consultant to advise the Planning Commission on any or all aspects of the Predevelopment Plan.
(B) A bond or other similar performance guarantee may be required to ensure compliance with the Predevelopment Plan and stated conditions of approval.
(2) Twenty (20) prints of a map or maps indicating the relationship between the Planned Unit Development and the surrounding areas.
(3) Name of the project, boundaries, legal description, and location maps showing the sites location in the City, date, north arrow, and scale of the plan.
(4) Name and address of the owner of record, developer, and seal of the engineer or architect who prepared the Preliminary Development Plan.
(5) Boundaries of the total proposed development, including dimensions and acreage.
(6) Public land usage, private land usage and common land usage.
(7) A description of physical conditions affecting the site, including:
(A) All existing water features that appear on 1:24,000 USGS maps and all proposed changes to these existing features. Existing water features include ponds, lakes, streams, regulated wetlands, flood plains, and drainage control structures.
(i) If any portion of the parcel is within the 100-year flood plain, the area will be shown and base flood elevations given.
(ii) Regulated wetlands mean wetlands regulated by the Army Corps of Engineers or the Ohio EPA.
(B) All existing wooded areas and canopy cover.
(C) All existing historic, archaeological, or cultural sites of significance.
(D) On-site easements.
(8) The location and use of structures and land within two-hundred (200) feet of the site, denoting existing right-of-way, property boundaries and zoning.
(9) Proposed lots and structures with approximate dimensions, height, gross floor area, setbacks and acreages. Diagrams, tables, or descriptions containing the following information must be included:
(A) The type of structures to be constructed and proposed uses.
(B) Proposed design parameters or themes for buildings and other improvements.
(C) A description of proposed common open space and the method of administering such open space.
(D) Approximate locations and sizes of parking areas.
(10) Existing and proposed roadways, along with proposed pedestrian circulation systems.
(11) Delineation of specific areas designed as a proposed stage or phase.
(b) Preliminary Development Plan Review Procedure.
(1) Determination Application Complete. On the date the Building and Zoning Inspector has determined that the application is a complete submittal, the application shall be stamped as a complete submittal and may be filed with the Municipal Clerk by the applicant within sixty (60) calendar days. If the application is not determined to be a complete submittal, the Building and Zoning Inspector shall promptly notify the applicant of the items needed.
(2) Planning Commission Public Hearing Scheduled. After the filing of a complete petition or application with the Municipal Clerk, the Municipal Clerk shall schedule the matter for public hearing before the Planning Commission and provide notification of the hearing in the same procedural manner as an amendment to this Zoning Code in accordance with Section 1105.08 (Public Hearing Requirements).
(3) Significance of Approved Plan. Approval of the Preliminary Development Plan shall:
(A) Result in the rezoning of the parcel to the PUD Overlay District.
(B) Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, and street alignments.
(C) Be the basis for the developer to proceed with detailed planning and engineering in reliance on the approved Preliminary Development Plan.
(D) Authorize the applicant to apply for all other required administrative approvals for the project or subsequent phases thereof, including, but not limited to any necessary variances or applicable design review requirements.
1127.16 FINAL DEVELOPMENT PLAN.
After approval of a Preliminary Development Plan application by Council (if submitted), a final application shall be submitted to the Planning Commission for its review and recommendation to Council. Concurrently with PUD Final Development Plan approval, the Planning Commission shall consider applications for Preliminary Plat approval in accordance with the requirements of the Maumee Subdivision Regulations.
(a) Final Development Plan Submission Requirements. A complete submittal of the Final Development Plan shall be prepared by a registered professional engineer or architect on 24 x 36 drawing sheets drawn to a scale of one (1) inch equals twenty (20) feet for sites less than one (1) acre, one (1) inch equals fifty (50) feet for sites of one (1) acre to forty (40) acres, or one (1) inch equals one hundred (100) feet for sites greater than 40 acres. Submissions shall include all elements of a Site Plan, pursuant to Section 1135.05 (Submission Requirements). In addition, such a submission shall include:
(1) The required number of copies of the proposed Final Development Plan to the Building and Zoning Inspector along with the required application fee.
(2) A complete application for preliminary plat approval as set forth in Section 1169.02 (Preliminary Plats) to include any requirements of applicable Subdivision Regulations.
(3) All organizational documents, covenants, deed restrictions, and maintenance agreements to be imposed upon the use of common areas and open space.
(4) Articles of Incorporation and bylaws of organizations charged with maintenance responsibilities.
(5) A Final Plan drawing that illustrates:
(A) Common open space.
(B) Landscaping plan for all buffers and other common areas, meeting the requirements of Chapter 1145 (Minimum Landscape Requirements).
(C) Architectural guidelines to apply throughout the development.
(D) A description of the expected timing of the development.
(6) In addition to the above, additional information may be required, including environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures.
(b) Final Development Plan Review Procedure.
(1) Required Preliminary Reviews. When design review is required, approval shall be obtained from the appropriate board prior to PUD Final Development Plan review.
(2) Determination Application Complete. On the date the Building and Zoning Inspector has determined that the application is a complete submittal, the application shall be stamped as a complete submittal and may be filed with the Municipal Clerk by the applicant within sixty (60) calendar days. If the application is not determined to be a complete submittal, the Building and Zoning Inspector shall promptly notify the applicant of the items needed.
(3) Hearing. An adjudicative hearing in accordance with Section 1105.08 (Adjudicative Hearing) shall be held by the Planning Commission to consider a Final Development Plan and notification requirements for such public hearing shall be provided accordingly.
(4) Plat Approval and Staged Development. If a Final Development Plan involves a Plat, the Building and Zoning Inspector shall not issue a Zoning Certificate until a Final Plat has been recorded for the entire PUD, or the associated phase or stage thereof.
(A) Undeveloped phases or stages of a PUD shall remain under single ownership and shall not be leased or sold, without prior approval from the Planning Commission.
(B) If Final Development Plan approval is requested in stages, then, Final Development Plan application for approval of any or all of the remaining stages specified in the preliminary development plan must be filed within one (1) year of the approval of the previous stages.
(5) Final Development Plan Review Criteria. The Planning Commission and City Council shall review the proposed Final Development Plan according to the criteria defined in Section 1127.15 (Development Standards). Further, approval of the final development plan must include the determination that the exception(s) from standard district requirements are warranted by design and other amenities incorporated in the Final Development Plan.
(6) Action by Planning Commission. The Planning Commission shall recommend to Council, approval, approval subject to conditions, or disapproval of the Final Development Plan application based upon the conformity of the Final Development Plan with the Preliminary Development Plan (if submitted) as approved by Council, based upon the sufficiency and accuracy of the required exhibits, and the requirements and purpose of this chapter.
(7) Action by City Council. Council shall review the recommendations of the Planning Commission and shall approve, approve subject to conditions or deny the final application. Approval of a final development plan shall expire after twelve (12) months unless a final plat is recorded.
(A) Maintenance of Public Records. The original tracings, exhibits and documents shall be certified by the Municipal Clerk and retained as public records by the City.
(B) Bond. A maintenance bond shall be provided prior to final approval for the proper maintenance of the landscaping and other outside facilities such as walks, drives, parking lots and utilities.
1127.17 AMENDMENTS (CHANGES) TO APPROVED PUD.
After the approval of a Planned Unit Development, the developer, individual property owners or property owner associations may wish to make major or minor modifications. Inasmuch as approval of a Planned Unit Development, including a final development plan, is based upon a unified plan, which stresses total design integration, proposed modifications must be evaluated for their impact on the visual and physical amenities of the development. In order to allow for a process through which this assessment can be made, the following procedures for modifications shall be followed:
(a) An application for an "Amendment to a Planned Unit Development" shall be filed with the Building and Zoning Inspector. The application shall include the required number of revised development plans clearly showing the proposed changes. The application shall also contain, if applicable, a written recommendation from a residential or commercial property owners association.
(b) The Building and Zoning Inspector shall review the proposed modifications and shall determine if the scope of the proposed changes is major or minor in nature. To qualify as a minor modification, the Building and Zoning Inspector shall find that proposed modification consists of only the following:
(1) Modification to lot lines that do not result in an increase to density, dwelling units, or placement of a structure closer to the perimeter lot line of the PUD.
(2) Installation of, or adjustments to, the size and location of structures, accessory structures, swimming pools, patios and decorative fencing (other than chain link), landscaping and other improvements that do not;
(A) Result in an increase in the approved number of housing units or principal non-residential structures.
(B) Move or relocate a principal structure when the subject property abuts land that is used for residential purposes inside or outside of the development.
(C) Move or relocate a principal structure such that the placement of structures will be closer to any property line than existed before such relocation.
(3) Modifications to approved circulation drives and parking areas so long as they do not reduce the number of approved spaces, or encroach into setback areas or designated recreation/open space areas, and the location and number of curb cuts remains unchanged.
(4) Reductions in the size of signs.
(c) The Building and Zoning Inspector may approve minor changes if all of the following conditions are met:
(1) The proposed minor change has received unconditional approval from the appropriate property owners' association or nonprofit corporation, if such exists. In the event that there is no property owners' association, the Building and Zoning Inspector shall ensure that the proposed minor change meets all other requirements of Part 11 - Planning and Zoning Code.
(2) The proposed minor change meets with the approval of applicable City departments,
(d) A major change shall be construed as any change that does not satisfy the above criteria for a minor change. All proposed major changes shall be acted upon in the same manner and in accordance with the same procedures as an original final development plan as specified in Section 1127.16.
(Ord. 159-2015. Passed 9-21-15.)
1127.18 CREATION OF FALLEN TIMBERS OVERLAY DISTRICT.
The Fallen Timbers Overlay District, which may be referred to as the FT-O, is hereby created as an overlay district for certain lands in the vicinity of, or adjacent to, the Fallen Timbers National Battlefield, which lands are described as follows:
Beginning at the intersection of the centerline of Jerome Road and the City line, thence south along the centerline of Jerome Road to its intersection with the northwest right-of-way line of U.S. Route 24; thence southwesterly along the northwest right-of-way line of U.S. Route 24 to its intersection with the centerline of Stitt Road (also being the City line); thence westerly along the centerline of Stitt Road and the City line to its intersection with the centerline of Black Road (Ethel Lane) and the City line; thence following the City line northwesterly along the centerline of Black Road and north, west, and north to the intersection of the City line with the City line along the northwesterly line of the Norfolk and Southern Railroad; thence northeasterly along the City line and the northwesterly right-of-way line of the Norfolk and Southern Railroad to its intersection with the north line of Section 9, Town 1, United States Reserve; thence east along the City line, the north line of Section 9 and the north line of River Tract 30, Town 1, United States Reserve to its intersection with the centerline of Jerome Road at the point of beginning.
The FT-O District shall be shown on the zoning map as an overlay so that the underlying zoning district will remain legible. (Ord. 012-2022. Passed 3-7-22.)
1127.19 PURPOSE AND INTENT.
(a) The purpose of the FT-O Overlay District is to promote and protect the public health, safety, comfort, convenience, and general welfare by providing regulation for the development of properties in the vicinity of or adjacent to the Fallen Timbers Battle site in the City of Maumee. The FT-O Overlay District area is intended to protect this area of special and substantial public interest because of the location of a national battlefield, the site of the Battle of Fallen Timbers. This battlefield is a historic, environmental, recreational, economic, and cultural resource of national significance. As a National Park System Affiliate, this area will include the Battle site, a visitor's center, natural areas, and recreational trails. It is the general purpose and intent of these regulations to balance private property rights and interests with the need to protect the Battlefield as a historical and cultural attraction. It is also intended that this Overlay District will balance ratios of retail and non-retail uses to minimize adverse fiscal hardships and consequences to the City with respect to the public costs and benefits related to providing public services and facilities.
(b) Within the FT-O Overlay District, supplemental buffering requirements are defined to eliminate or minimize negative environmental impact, to improve transportation coordination and capability, and to balance recreational, commercial, and industrial land uses, while respecting the rights of property owners to make beneficial use of their properties.
(Ord. 012-2022. Passed 3-7-22.)
1127.20 EFFECT OF DISTRICT.
The FT-O District has the effect of modifying the requirements, regulations, permitted uses, and procedures applying in the underlying C-M Zoning District after the FT-O designation is overlaid, pursuant to the following regulations in this chapter.
(Ord. 012-2022. Passed 3-7-22.)
1127.21 FT-O OVERLAY DISTRICT ADDITIONS.
All applications proposing additions to the FT-O Overlay District are applications for amendment to the Zoning Map and shall be considered in accordance with the procedures for rezoning. Designation of acreage to be added to the FT-O Overlay District must also meet the following requirements:
(a) The application for the imposition of an FT-O Overlay District must be signed by all owners of real estate in the area proposed for the addition to the FT-O Overlay District.
(b) The acreage proposed for addition to the FT-O Overlay District must be acreage within the City of Maumee which falls within the following boundaries:
(1) Black Road on the west;
(2) Anthony Wayne Trail on the south;
(3) Norfolk and Southern railroad track on the north; and
(4) North Jerome Road on the east.
(c) Upon approval of an FT-O Overlay District application, the District Map shall be amended to designate the acreage as a FT-O Overlay District.
(Ord. 012-2022. Passed 3-7-22.)
1127.22 PERMITTED USES.
All uses, which are permitted in the C-M Zoning District, are permitted within the FT-O Overlay District. (Ord. 012-2022. Passed 3-7-22.)
1127.23 CONDITIONAL USES.
All uses which are specified as conditional uses within the C-M Commercial Industrial Zoning District are permitted within the FT-O Overlay District.
(Ord. 012-2022. Passed 3-7-22.)
1127.24 MULTI-FAMILY USES.
A multiple-family dwelling constructed in the Fallen Timbers Overlay district must meet the same requirements as a multiple-family dwelling unit constructed in an R-4 zoning district including all requirements for multiple-family dwellings contained in Chapters 1135, 1136, 1141, and 1145. Building and site design, materials and landscaping must be compatible with surrounding structures and area and shall be approved at the discretion of the City Administrator and/or Zoning Administrator. Multiple-family dwellings must be part of a large development consisting of multiple buildings, building designs, exterior materials, uses, and must be on lots greater than two (2) acres in size and a minimum density for any multi-family development may be imposed at the discretion of the City Administrator. One single-story building may be permitted per development to accommodate a multi-use clubhouse facility. All other buildings shall be a minimum of three (3) stories; however, at the sole discretion of the Zoning Administrator (or designee) some two-story buildings may be permitted. In making the determination to allow for two-story buildings the Zoning Administrator shall take into consideration the architectural features, streetscape, and how the development will blend with the general environment of the FT-O Overlay District. Finished ceiling height must be a minimum of ten (10) feet on the first floor and nine (9) foot in each story above the first. The City Administrator shall have the sole discretion to allow for shorter celling heights and in making his determination shall take into consideration the overall development and its' impact on the FT-O Overlay District area. The preference is for compatible office or commercial use of the first floor of at least one structure along the primary street with residential above the first floor. Dwellings may be on the first floor but first floor construction must allow for easy conversion to accommodate the occupancy of other C-M permitted uses. Any first floor occupancy other than residential must be compatible with the residential use of the building and shall be approved at the discretion of the Zoning Administrator (or designee). (Ord. 012-2022. Passed 3-7-22.)
1127.25 JEROME ROAD BUFFER ZONE.
A buffer zone shall be established along the full length of the western side of the North Jerome Road right-of-way, from the north boundary of the FT-O Overlay District to the south boundary of the FT-O Overlay District, and shall apply to any future expansion of the FT-O Overlay District made pursuant to Section 1127.21. This buffer zone shall be not less than thirty-five (35) feet in depth, measured from the west right-of-way line of North Jerome Road to a point parallel with such west right-of-way line. This buffer zone will remain undeveloped, except for undulating earth mounding with natural landscaping treatments consisting of a variety of trees, shrubs, other plant material, or decorative natural treatments. Slopes of the undulating mound shall not exceed one foot of height to three feet of horizontal distance, and shall achieve a height of not less than three (3) feet above the grade of North Jerome Road. No part of this buffer zone may be used for any of the following purposes:
(a) Vehicular Driveway or curb cut;
(b) Parking area (except those servicing park and recreational use of the area);
(c) Signage;
(d) Exterior lighting which exceeds six (6) feet in height;
(e) Dumpsters or Dumpster enclosures;
(f) Outside storage.
(Ord. 012-2022. Passed 3-7-22.)
1127.26 DESIGNATED WOODLANDS.
1127.27 AMENDMENTS.
Any provision of this FT-O Overlay District may be amended in accordance with the process and procedures prescribed in this Zoning Code for the processing of a request for an amendment to the text of the Zoning Code.
(Ord. 012-2022. Passed 3-7-22.)