Maumee City Zoning Code
TITLE THREE
Supplemental Regulations
1130.01 NONCONFORMING USES.
(a) The districts established by this Zoning Code constitute the proper location for the permitted, conditional, and accessory uses and structures identified herein. Within such districts there may exist nonconforming uses that were lawful prior to the enactment of these regulations, but that would be prohibited under the provisions of the current Zoning Code. Future amendments to this Zoning Code may also create additional nonconforming uses.
(b) The legitimate interests of those lawfully established nonconforming uses are recognized in this Zoning Code by allowing such nonconforming uses to continue, subject to specific requirements for, and limitations upon, their completion, restoration, alteration, perpetuation and/or substitution. It is recognized that nonconforming uses substantially and adversely affect the orderly development, maintenance, use and taxable value of other properties in the district, property that is itself subject to the regulations of this Zoning Code.
(c) In order to secure eventual compliance with the standards of this Zoning Code it is necessary to strictly regulate nonconforming uses and to prevent the reestablishment of nonconforming uses that have been discontinued.
(d) The following sections divide nonconforming uses into four categories and provide appropriate regulations for each category:
(1) Preexisting Zoning Use Permits that no longer comply with the requirements of this Zoning Code.
(2) Nonconforming land: lots, including vacant lots, having an area smaller than the minimum size required under Section 1125.14.
(3) Nonconforming structures or use thereof: structures which do not comply with the lot size or building bulk limitations required under Section 1125.14.
(4) Nonconforming uses of structures and land that do not comply with the requirements of this Zoning Code.
(Ord. 113-2020. Passed 12-21-20.)
1130.02 PREEXISTING ZONING USE PERMITS.
Nothing contained in this Zoning Code shall require any change in the plans, construction, size or designated use of a building, structure or part thereof for which a Zoning Use Permit has been granted and the construction of which according to such permit or plans and specifications shall have been started prior to the enactment of this Zoning Code or such amendment. If any building construction for which a building permit has been granted is discontinued for a period of ninety (90) calendar days, any further construction shall be in conformity with the provisions of this Zoning Code. Any non-conforming use existing prior to November 01, 2020 shall still be considered non-conforming and shall comply with the same perpetuation of use or structure code adherence in place prior to November 01, 2020. The Zoning Administrator may revoke the Zoning Use Permit and require a new site plan to be submitted showing compliance with Chapter 1135 and require non-conformance be abated or corrected.
(Ord. 113-2020. Passed 12-21-20.)
1130.03 NONCONFORMING LAND.
(a) In any district, notwithstanding limitations imposed by other provisions of this Code, where an existing lot of record fails to meet the requirements for area, width, or both, that are generally applicable in the district, such lot may be used for the permitted uses of the zoning district, including permitted accessory uses. However, all yard dimensions and other requirements, not involving area or width of the lot, must conform to the regulations for the district in which such lot is located.
(b) If two (2) or more lots or combinations of lots of record with continuous frontage and in single ownership and use at the time of passage or amendment of this chapter, irrespective of whether all or part of the lots meets the chapter requirements, the lands involved will be considered to be an undivided parcel. No portion of said parcel or lot can be used or sold that does not meet lot, width, and area requirements, nor can any division of the parcel or lot be made which leaves remaining any parcel or lot with a width or area below the requirements stated in this chapter. The Zoning Administrator may require that some or all lots be combined into a single lot of record prior to issuing a Zoning Use Permit for the properties.
(c) If a current permitted use contains improvements, including but not limited to driveways, accessory structures, parking areas, etc. which extend beyond a single lot, the Zoning Administrator may require that all improved lots be combined into a single lot prior to issuing additional Zoning Use Permits for the properties.
(Ord. 113-2020. Passed 12-21-20.)
1130.04 NONCONFORMING STRUCTURES.
A lawfully existing structure which contains no nonconforming use, but which does not comply with the applicable lot size requirements, building bulk regulations, or off-street parking requirements may be continued so long as it remains otherwise lawful. Such "nonconforming structures" shall be subject to the following requirements:
(a) A nonconforming structure may be maintained and repaired. However, no maintenanceor repair shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure; and damaged or destroyed structures shall be subject to the restrictions in subsection (b) hereof.
(b) In the event that a nonconforming structure is damaged or destroyed, by any means, to such an extent that the cost of restoring it to the condition in which it was prior to such damage or destruction exceeds sixty percent (60%) of the current assessed value of the entire structure, such structure shall not be restored unless it thereafter conforms to the regulations for the district in which it is located.
(c) No nonconforming structure shall be moved in whole or in part, for any distance whatever, to any other location on the same or any other lot unless the entire structure thereafter conforms to the regulations of the district in which it is located after being moved.
(d) The Zoning Administrator may, at their discretion, require the elimination of all, or a portion of, any nonconformity as a condition of the issuance of a Zoning Use Permit for the property.
(Ord. 113-2020. Passed 12-21-20.)
1130.05 NONCONFORMING USE OF STRUCTURES AND LAND.
When the applicable district regulations of this Zoning Code do not allow as a permitted use either a use of part or all of a structure lawfully existing at the time of the adoption of this Zoning Code, or a use of land not involving a structure lawfully existing at the time of the adoption of the Zoning Code, such existing use may be continued so long as otherwise lawful. Such "nonconforming uses" shall be subject to the following requirements:
(a) Work may be done on ordinary maintenance and repairs, or on repair of walls, minor electrical fixtures, wiring, minor plumbing or minor mechanical. However, this paragraph shall not be deemed to authorize any violation of this section or to in any way perpetuate the future existence of the nonconformance of use, structure, or land.
(b) Nothing in this chapter shall be deemed to allow the strengthening or restoring to a safe condition of a structure, other than a damaged or destroyed structure subject to the provisions of Section 1130.06 (b) hereof, in accordance with the order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.
(c) Nonconforming residential structures in a business or industrial district may be maintained and repaired. However, no increase in the number of dwelling units shall be permitted.
(Ord. 113-2020. Passed 12-21-20.)
1130.06 ALTERATIONS OF NONCONFORMING USES.
No structural alteration shall be made unless the entire structure and the use of such structure thereafter conforms to the regulations of the district in which such structure is located, except as provided herein.
(a) The Board of Zoning Appeals may permit a nonconforming structure to be repaired subject to the following conditions:
(1) A nonconforming structure may be repaired, provided the structure is not enlarged or extended and the non-conformance is not increased or perpetuated.
(2) A nonconforming use of land may not be extended, enlarged or increased in intensity.
(3) Any existing nonconforming use which adds the sale of beer and/or alcoholic beverages for consumption on the premises, or, if the existing nonconforming use includes the sale of beer and/or alcoholic beverages for consumption on the premises, and a change would include a later closing hour and/or the sale of beer or alcoholic beverages with the greater alcoholic content than the existing nonconforming use, it shall be deemed to extend, enlarge or increase in intensity such existing nonconforming use.
(b) In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to such an extent that the cost of restoration to the condition in which it was before such damage or destruction exceeds sixty percent (60%) of the current assessed value of the entire structure, exclusive of foundation, such structure shall not be restored unless such structure and the use thereof thereafter conforms to the regulations of the district in which it is located. Moreover, even if such damage is sixty percent (60%) or less, no repair or restoration shall be made unless a Building Permit and Zoning Use Permit are obtained, and restoration is actually begun, within six months after the date of such partial destruction and is diligently pursued to completion. In the event of a work stoppage of more than thirty (30) days, the Zoning Administrator may, at their discretion, revoke the Zoning Use permit and require that the structure and use thereafter conforms to the regulation of the district in which it is located.
(c) No structure that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatever, to any other location on the same lot or any other lot unless the entire structure and the use thereof thereafter conforms to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved, in whole or in part for any distance whatever, to any other location on the same or any other lot unless such use thereafter conforms to the regulations of the district in which it is located after being moved.
(d) The Board of Zoning Appeals shall have no authority to allow a nonconforming use to be re-established once it has become vacant, abandoned or a discontinued use under Section 1130.07 and no nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.
(e) The Zoning Administrator may, at their discretion, require the elimination of all, or a portion of, any nonconforming issues as a condition of the issuance of a Zoning Use Permit for the property. (Ord. 113-2020. Passed 12-21-20.)
1130.07 VACANT, ABANDONED OR DISCONTINUED USE.
(a) Residential Structure. The structure may not continue in its current form without complying with all requirements of this Part 11 if it is considered vacant, abandoned, or the use has been discontinued for more than six (6) consecutive months by the Chief Building Official, Zoning Administrator, and City Administrator. Also, should the same individuals determine that the structure's condition requires complete replacement, the structure will lose its legal non-conforming status, and conformance will be required. Any subsequent use of the building referred to in this section shall also conform to the requirements of this Part 11.
(Ord. 005-2025. Passed 3-3-25.)
(b) Commercial Structure. The structure may not continue in its current form without complying with all requirements of this Part 11 if it is considered vacant, abandoned, or the use has been discontinued for more than nine (9) consecutive months by the Chief Building Official, Zoning Administrator, and City Administrator. Also, should the same individuals determine that the structure's condition requires complete replacement, the structure will lose its legal non-conforming status, and conformance will be required. Any subsequent use of the building referred to in this section shall also conform to the requirements of this Part 11.
(c) Industrial Structure. The structure may not continue in its current form without complying with all requirements of this Part 11 if it is considered vacant, abandoned, or the use has been discontinued for more than nine (9) consecutive months by the Chief Building Official, Zoning Administrator, and City Administrator. Also, should the same individuals determine that the structure's condition requires complete replacement, the structure will lose its legal non-conforming status, and conformance will be required. Any subsequent use of the building referred to in this section shall also conform to the requirements of this Part 11.
(d) Determination of Abandonment, Discontinuance and Vacancy. Nonconforming lots, nonconforming buildings and structures, nonconforming uses of buildings and structures, and nonconforming uses of land will be considered abandoned, discontinued, or vacant if one (1) or more of the following conditions exists, and will be deemed to constitute intent on the part of the property owner to abandon, discontinue or vacate:
(1) Utilities, such as water, gas or electricity to the property, have been disconnected;
(2) The property, buildings, or grounds, have fallen into disrepair thus requiring full replacement;
(3) Signs or other indications of the existence of the nonconforming use have been removed;
(4) Equipment or fixtures that are necessary for the operation of the nonconforming use have been removed; or
(5) Other actions, which in the opinion of the Chief Building Official, Zoning Administrator, and City Administrator constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.
(Ord. 113-2020. Passed 12-21-20.)
1130.08 NONCONFORMING SIGNS. (REPEALED)
(EDITOR’S NOTE: Former Section 1130.08 was repealed by Ordinance 006-2025, passed March 3, 2025. See Section 1143.21 for relevant provisions.)
1130.09 REPAIRS, MAINTENANCE, ALTERATIONS, OR IMPROVEMENTS.
The following regulations apply to all nonconforming structures and structures devoted to nonconforming uses as regulated by this Chapter 1130.
(a) Residential Use: Repairs, maintenance, alterations or improvements totaling less than fifty percent (50%) of the assessed value of the building may be completed on any building or structure that is determined to be devoted to a nonconforming use or is itself a nonconforming structure. However, the work is limited to ordinary repair/maintenance, or repair or replacement of non-bearing walls, minor electrical fixtures, wiring, minor plumbing or minor mechanical and requires the approval of the Chief Building Official, Zoning Administrator, and City Administrator, provided that:
(1) The dimensional characteristics of the building as it existed at the time of passage or amendment of this chapter is not increased. This does not allow for the separation or expansion of utility systems for nonconforming residential uses; and
(2) The building, structure or use has not lost its nonconforming status due to vacancy, discontinuance or abandonment.
(b) Commercial or Industrial Use: Repairs, maintenance, alterations or improvements totaling less than seventy-five percent (75%) of the assessed value of the building may be completed on any building or structure that is determined to be devoted to a nonconforming use or is itself a nonconforming structure. However, the work is limited to ordinary repair/maintenance, or repair or replacement of non-bearing walls, minor electrical fixtures, wiring, minor plumbing or minor mechanical and requires the approval of the Chief Building Official, Zoning Administrator, and City Administrator, provided that:
(1) The dimensional characteristics of the building as it existed at the time of passage or amendment of this chapter is not increased. This does not allow for the separation or expansion of utility systems for nonconforming commercial or industrial uses; and
(2) The building, structure or use has not lost its nonconforming status due to vacancy, discontinuance or abandonment.
(c) Residential Use: Repairs or maintenance totaling greater than fifty (50%) percent of the assessed value of the building may be completed for any reason and on any nonconforming structure or structure devoted to a nonconforming use. However, such repairs or maintenance will be permitted only in conformity with the provisions of the chapter. If deemed unfeasible and/or impractical, a property owner may seek a variance from the Board of Zoning Appeals (see Chapter 1105), assuming it can also be demonstrated that the original structure was consistent with the established character of the area.
(d) Commercial or Industrial Use: Repairs or maintenance totaling greater than seventy-five percent (75%) of the assessed value of the building may be completed for any reason and on any nonconforming structure or structure devoted to a nonconforming use However, such repairs or maintenance will be permitted only in conformity with the provisions of the chapter. However, when deemed unfeasible and/or impractical, a property owner may seek a variance from the Board of Zoning Appeals (see Chapter 1105), assuming it can also be demonstrated that the original structure was consistent with the established character of the area.
(e) Nonconforming Landscaping and Screening. Landscaping and screening must be brought into conformance with the requirements of Chapter 1145, to the satisfaction of the Zoning Administrator and City Administrator, whenever:
(1) The projected cost of repairs, maintenance, alterations or improvements exceeds thirty-five percent (35%) of the assessed value of the building for residential use;
(2) The projected cost of repairs, maintenance, alterations or improvements exceeds twenty-five percent (25%) of the assessed value of the building for commercial or industrial use;
(3) There is a change in use or occupancy of the building;
(4) The residential use of the building has been vacant, abandoned or discontinued for more than three (3) consecutive months;
(5) The commercial use of the building has been vacant, abandoned or discontinued for more than three (3) consecutive months;
(6) The industrial use of the building has been vacant, abandoned or discontinued for more than three (3) consecutive months.
The continuation of substandard landscaping and screening must be considered by the Zoning Board of Appeals through the variance process established under Chapter 1105.
(f) Assessed Value. For the purposes of enforcing the regulations contained in this section, the value of the structure will be determined by the most recent valuation of the structure for the purposes of taxation.
(g) Ordinary Repair/maintenance. Nothing in this section prevents ordinary repair/maintenance, or the strengthening or restoring to a safe condition of any structure or part thereof deemed to be unsafe by an official charged with protecting the public safety, upon order of such official.
(h) Unsafe or Unlawful Structure. A nonconforming structure, or portion of a structure, or a structure containing a nonconforming use that is physically unsafe or unlawful due to lack of repairs and maintenance, as determined by the Chief Building Official and Zoning Administrator, shall not be restored unless such structure and the use thereof thereafter conforms to the regulations of the district in which it is located.
(Ord. 113-2020. Passed 12-21-20.)
1131.01 HOME OCCUPATIONS.
Home occupations are permitted accessory uses in a residential zone; subject to the provisions of this chapter.
(a) Any occupation or activity is carried on solely by a member of the immediate family residing on the premises;
(b) Such occupation shall be conducted wholly within the dwelling thereof;
(c) The gross floor area devoted to a home occupation shall not exceed twenty-five (25) percent of the total floor area of such dwelling;
(d) No stock in trade shall be kept or commodities sold other than articles produced by such home occupation. Items commonly collected or traded and occasionally sold by hobbyists, such as coins, stamps, antiques, etc., may be considered as exempt of these provisions when all other conditions are met;
(e) No vehicular or pedestrian traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood; any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard, in an amount as determined necessary by the Board of Zoning Appeals;
(f) No vehicle, licensed as a commercial vehicle and used in connection with the home occupation, shall be parked on the property;
(g) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists;
(h) In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises or vibrations;
(i) There shall be no outdoor storage of any kind related to the home occupation;
(j) No indoor storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the exterior of the structure in which the materials, goods, supplies, or equipment are located ;
(k) Only one nameplate or sign shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Doe, Attorney). It shall not exceed two square feet in area, shall be non-illuminated, and attached flat to the main structure or visible through a window;
(l) No mechanical equipment shall be used except such as may be used for domestic or household purposes, or as deemed similar to power and type;
(m) When reviewed by the Board of Zoning Appeals, other reasonable conditions and limitations as may be required to protect nearby residential premises.
1131.02 PERMITTED HOME OCCUPATIONS.
All home occupations are subject to the provisions and regulations of Section 1131.01, which must be met before a home occupation permit is granted. Home occupations include, but are not necessarily limited to the following:
(a) Dressmakers, seamstresses, and tailors.
(b) Music or dance teachers provided that the instruction shall be limited to one pupil at a time.
(c) Artists, sculptors, or authors.
(d) Home Offices that typically do not involve extensive client visitation.
(e) Ministers, rabbis, priests or members of religious orders.
(f) The letting for hire of not more than two rooms for rooming or boarding use for not more than two persons, neither of whom is a transient.
(g) Family day care homes, limited to not more than six (6) children and in which no more than three (3) children are under two (2) years of age at one time.
(h) Home crafts, such as model making, rug weaving, lapidary work and cabinet making.
1131.03 PROCEDURE FOR HOME OCCUPATION APPLICATION.
Prior to commencement thereof, an application for a home occupation permit shall be made to the Office of Building and Zoning Inspection and shall be accompanied by a filing fee. The schedule of fees shall be posted in such office. Until all applicable fees, charges, and expenses are paid in full, no action shall be taken on any home occupation permit.
1131.04 DECISION BY BUILDING AND ZONING INSPECTOR.
(a) If upon examination of the request for a home occupation permit, the Building and Zoning Inspector finds that such a use will conform to the requirements of this chapter, he shall issue a permit for such use within thirty (30) calendar days. If the request for a home occupation permit is denied, the applicant shall be notified within thirty (30) calendar days.
(b) The denial of any such application by the Building and Zoning Inspector may be appealed by the applicant to the Board of Zoning Appeals in the manner provided in Section 1105.02(c)(1) (Appeal to Board of Zoning Appeals).
1131.05 REFERRAL TO THE BOARD OF ZONING APPEALS.
The Building and Zoning Inspector may, at his discretion, refer the application to the Board of Zoning Appeals. In the event of an appeal, the Board of Zoning Appeals shall give notice and hold an adjudicative hearing on such proposed use in accordance with the procedure outlined in Sections 1105.02 and 1105.09.
1131.06 DECISION BY THE BOARD.
(a) The decision of the Board of Zoning Appeals shall be final and become effective immediately from the date the written decision has been made.
(b) No later than five (5) calendar days following the Board's action in granting or denying the home occupation, a written notice of the decision shall be mailed to the applicant at the address shown on the application form. A copy of such notice shall also be forwarded to Council and the Planning Commission.
1131.07 REVOCATION OF PERMIT.
The Building and Zoning Inspector may void at any time a home occupation permit for noncompliance with the conditions set forth in approving the permit. Notice of such action shall be sent to the applicant in question.
1132.01 SEXUALLY ORIENTED BUSINESS USES.
1133.01 ACCESSORY STRUCTURES.
(a) An accessory structure in any "R" district shall not exceed the height of the principal structure by more than forty-eight (48) inches, up to a maxim height of twenty (20) feet above grade.
(b) Decks with a platform height of less than thirty-six (36) inches shall have a maximum railing height of seventy-two (72) inches. Decks with a platform height of thirty-six (36) inches or more shall have a maximum railing height of forty-eight (48) inches.
(c) Detached accessory structures shall not be located in the front yard except as permitted under Section 1133.02.
(d) An accessory structure, excluding private swimming pools, shall not occupy more than forty percent (40%) of the required rear yard.
(e) If located within a required rear yard, an accessory structure shall not be located closer to a side or rear lot line or the right of way line of a rear alley, a distance that is less than three (3) feet. If located outside a required rear yard such accessory structure shall conform to setbacks for a primary structure.
(f) Accessory structures shall be located on the same lot as the main use or structure and may not be placed on a lot without a principal structure.
(g) Temporary Accessory Industrialized Units. The Zoning Administrator may at their discretion, allow a temporary industrialized unit in a residential district which is essential to the marketing of the residential development for a period of not more than one (1) year.
(h) During the months of March through October, tents and other canvas (or tarp) covered temporary structures are permitted to exist on a lot of record, if erected by the owner or their agent, for a period of time not exceeding five (5) consecutive days in any ninety (90) day period and may not be used for camping, sleeping, or storage of any kind including, but not limited to, storage of vehicles and recreational vehicles. Temporary tent structures under 12' x 12' and used solely as screened areas for outdoor dining are exempted from this regulation. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit from the service department and approval from the fire code official.
Exceptions to the permit requirement:
(1) Tents used exclusively for recreational camping purposes on the owner's premises for a period not to exceed three (3) consecutive days.
(2) Tents open on all sides which comply with all of the following:
A. Individual tents having a maximum size of 700 square feet (65 m2).
B. The aggregate area of multiple tents placed side by side without a fire break clearance of twelve (12) feet (3658 mm), not exceeding 700 square feet (65 m2) total.
C. A minimum clearance of twelve (12) feet (3658 mm) to all structures and other tents.
(i) Pre-manufactured accessory structures that contain a metal or plastic supporting structure may not exceed fifty (50) square feet and shall in all cases compliment the principal structure.
(j) Accessory structures over fifty (50) square feet may not utilize a plastic or metal material for exterior wall coverings, but may use metal roofing material provided it has been manufactured for that purpose and shall in all cases compliment the principal structure.
(k) Accessory structures, including carports, must be constructed of like or complementing materials and design to the primary structure and comply with the requirements of Section 1136.12(a)(4)N. Design Standards. The location, materials and design of accessory structures shall be approved at the discretion of the Zoning Administrator or their designee.
(l) Enclosed detached accessory structures such as sheds and garages shall be fire-rated with a minimum of one-half (½) inch drywall on all areas within five (5) feet of a primary structure.
(m) The setback requirements of this Chapter may be varied (increased or decreased) at the discretion of the Zoning Administrator. The Zoning Administrator shall consider the design, size, and intended use of the proposed accessory structure, surrounding structures, and the impact the variance might have on the surrounding neighborhood.
(Ord. 030-2023. Passed 8-21-23.)
1133.02 ARBORS AND TRELLISES.
Arbors or trellises may be located in a required yard subject to the following conditions:
(a) The maximum height shall not exceed ten (10) feet.
(b) Arbors and Trellises may not be located closer than five (5) feet to any property line.
(c) All arbors and Trellises must be architecturally compatible with other structures on the same lot and the surrounding neighborhood.
(d) The Zoning Administrator (or designee) may, at their discretion, allow a trellis to be added to the top of a fence, or any portion thereof, provided all requirements of this section are met and the Zoning Administrator, or their designee, have determined that the fence is capable of supporting the trellis.
(e) There shall be no more than one arbor or trellis in a front yard, and no more than four on any lot or parcel. When combining the total square footage of each arbor with the total linear feet of each trellis, the maximum total for each lot or parcel shall be 100.
(f) An arbor or trellises shall not be located so as to adversely affect the vision of drivers from driveways intersecting public streets or within the sight clearance triangle as defined in Section 1145.06.
(g) The maximum length of a Trellis shall be twenty (20) feet. Two or more Trellises built in close proximity to each other may be considered by the Zoning Administrator to be one trellis when determining total length. Trellises in excess of twenty (20) feet shall be approved solely at the discretion of the Zoning Administrator or their designee.
(Ord. 109-2020. Passed 11-2-20.)
1133.03 SWIMMING POOLS, PONDS, REFLECTION POOLS, SPAS, AND HOT TUBS.
(a) Private Swimming Pools.
(1) The edge of the water of a private swimming pool shall not be located closer than five (5) feet of the property line of the property on which it is located.
(2) Private swimming pools with areas in excess of eight hundred (800) square feet shall have a side yard setback of not less than ten percent (10%) of the width of such lot, with a maximum setback of fifty (50) feet.
(3) The water's edge of a private swimming pool which has less than eight hundred (800) square feet of area shall not be closer than ten (10) feet to the main dwelling.
(b) Public Swimming Pools. A public swimming pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than thirty (30) feet to any property line of the property on which located.
(c) Ponds and Reflection Pools.
(1) Ponds and reflection pools with areas in excess of eight hundred (800) square feet shall have a side yard setback of not less than ten percent (10%) of the width of such lot, with a maximum setback of fifty (50) feet, measured to the toe of the slope.
(2) The water's edge of a pond or reflection pool shall not be closer than fifty (50) feet to any septic system, well or leach field.
(3) The area surrounding a pond or reflection pool shall be graded not to exceed four (4) feet in height on the front, back or sides so that it will not obstruct the view of the adjacent property owner. Any mounding shall have a ten (10) foot setback, as well as a ten (10) inch swale between the mound and the property line.
(4) The toe of slope of a pond or reflection pool which has greater than eight hundred (800) feet of area shall not be closer than fifty (50) feet from the main occupiable building or dwelling.
(5) Conformance with Lucas County Soil and Water Conservation District and United States Soil Conservation Service guidelines regarding side slopes, minimum surface area, depth, and excavated soil piles, where applicable, is required.
(d) All swimming pools, ponds, reflection pools, spas, and hot tubs shall meet all additional requirements of Chapter 1349 and all applicable state and model codes.
(Ord. 109-2020. Passed 11-2-20.)
1134.01 CONDITIONAL USES.
Conditional use approval may be granted to allow specific uses in zoning districts where they are not permitted uses provided the applicant can meet all applicable general and specific standards set forth in this Chapter, along with any supplemental conditions associated with such approval. (Ord. 029-2022. Passed 5-16-22.)
1134.02 PROCEDURES FOR OBTAINING A CONDITIONAL USE PERMIT.
(a) Any owner or agent thereof, of property for which a conditional use is proposed, shall submit an application to the Building and Zoning Inspector for a conditional use permit.
(1) 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.
(2) 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.
(b) The Planning Commission shall hold an adjudicative hearing pursuant to Section 1105.08 (Adjudicative Hearing Requirement).
(c) Conditional Uses Light Industrial District: Applicant must pay a fee of two thousand five hundred dollars ($2,500.00) - Plus direct reimbursement of any costs associated with the review of an application for a Conditional Use Permit within the District (Engineers, Environmental Consultants, Architects, etc.). Said costs shall be reimbursed to the City of Maumee prior to the issuance of a Conditional Use Permit if approved by Maumee City Council.
(Ord. 029-2022. Passed 5-16-22.)
1134.03 GENERAL STANDARDS FOR ALL CONDITIONAL USES.
(a) The Planning Commission shall review the particular facts and circumstances of the proposed conditional use and plans submitted with the application and make separate findings as to whether the proposed conditional use:
(1) Is a conditional use as established under the provisions of the applicable zoning district;
(2) Is in accordance with the general or specific objectives of the Master Plan;
(3) Would be designed, constructed, operated, and maintained in such manner as to be harmonious with the existing or intended character of the Immediate vicinity, and would not change the essential character of the same area;
(4) Would not be detrimental to existing or future neighboring uses;
(5) 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
(6) 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) The Planning Commission shall determine whether the application meets the criteria set forth in this section. If the Planning Commission determines that the application can only satisfy the applicable criteria with the imposition of supplementary conditions, then Planning Commission shall impose such supplementary conditions as a condition of approval and vote to grant the application. If the applicant refuses to consent to such conditions, or the Planning Commission determines that the application cannot satisfy the criteria listed in this section, even with the imposition of supplementary conditions, then the Planning Commission shall vote to deny the application. (Ord. 029-2022. Passed 5-16-22.)
1134.04 IMPOSITION OF SUPPLEMENTARY CONDITIONS BY PLANNING COMMISSION.
In recommending approval of any application for a conditional use permit, the Planning Commission may prescribe reasonable conditions on such approval in order to meet the objectives set forth in the general standards for conditional uses and any specific standards pertaining to such conditional use. Such conditions may include, but are not limited to:
(a) Larger buffer areas, fencing, plantings, landscaping and mounding between the proposed conditional use and an adjacent property;
(b) Increased or decreased setback requirements;
(c) Limits on the location and illumination of signs;
(d) Limits on where structures and parking areas may be located;
(e) Architectural features, such as the type and color of exterior construction materials and location of building entrances;
(f) Landscaping requirements;
(g) The improvement, alteration, or addition of adjacent public streets and roads, when necessary to adequately address traffic issues which could reasonably be expected to be created by such use.
(h) Hours of operation; and
(i) Building height.
(Ord. 029-2022. Passed 5-16-22.)
1134.05 EXPIRATION OF CONDITIONAL USE PERMIT.
A conditional use permit shall be deemed to authorize only that particular conditional use stated in the permit, and the permit shall automatically expire if such conditional use has not been instituted or used, or if vertical, above ground, construction has not commenced within six-months of the date on which the permit was issued or if, for any reason, such use ceases for more than ninety (90) days.
(Ord. 029-2022. Passed 5-16-22.)
1134.06 AMENDMENT TO CONDITIONAL USE PERMIT.
After the approval of a Conditional Use Permit, the developer, individual property owners or property owner associations may wish to make major or minor modifications. Inasmuch as approval of a Conditional Use is based upon a many site-specific considerations, 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 modification of a conditional use shall be followed:
(a) An application for an "Amendment to a Conditional Use" shall be filed with the Building and Zoning Inspector. The application shall include the required number of complete sets of maps and drawings as designated by the Building and Zoning Inspector clearly showing the proposed changes
(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) Adjustments to the size and location of structures, swimming pools, patios and required fencing, 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. Increase building mass of a principal structure through an increase in height, length or percent of lot coverage.
C. Move or relocate a principal structure when the subject property abuts land that is used for residential purposes inside or outside of the development.
D. Move or relocate a principal structure such that the placement of structures will be closer to any one property line than existed before such relocation.
(2) Adding new accessory structures in any residential area, such as storage sheds, children's playhouses and other accessory structures that do not exceed one-hundred 100 square feet in lot coverage and does not exceed ten (10) feet in height.
(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 is in conformity with all previously imposed requirements, administrative regulations and/or policies.
(2) The proposed minor change meets with the approval of applicable City departments; and,
(3) All conditions for approval of the minor change are acceptable to the applicant. Otherwise, the Building and Zoning Inspector shall forward the request with the attendant recommendations to the Planning Commission and it shall approve, conditionally approve or reject the minor change request. The Planning Commission shall be advised of all minor changes authorized under the above procedures.
(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 conditional use approval as specified in this Chapter.
(Ord. 029-2022. Passed 5-16-22.)
1134.07 VIOLATION OF TERMS OF CONDITIONAL USE PERMIT.
No alteration, omission, or deletion of the terms or conditions of any conditional use permit shall be made unless an application is submitted pursuant to this chapter of the Zoning Code and processed as a new request. The Zoning Administrator may utilize, without limitation, all remedies for a violation of these terms up to and including revocation of the conditional use permit and those remedies which are contained in Sections 1103.07, 1103.99 or any other applicable sections of these Codified Ordnances, or within the Ohio Revised Code.
(Ord. 029-2022. Passed 5-16-22.)
1134.08 SUPPLEMENTAL REQUIREMENTS FOR SPECIFIED CONDITIONAL USES.
The following conditional uses shall require satisfaction of the following supplemental conditions:
(a) Adult Group Homes. In any R-1, R-2, R-2A, R-3 or R-4 district, adult group homes may be approved as a conditional use provided it meets the following additional criteria:
(1) Adult group homes shall not be located any closer to one another than one thousand feet (1,000 ft).
(2) In a R-1, R-2 or R-2A Zoning District, no more than eight (8) residents shall be allowed.
(3) In a R-3 Zoning District, no more than sixteen (16) residents shall be allowed.
(4) In a R-4 Zoning District, no more than twenty-four (24) residents shall be allowed.
(5) All adult group homes shall provide the City of Maumee with proof that all applicable state licenses have been obtained in accordance with Ohio R.C. Chapter 3722.
(b) Automobile Service Stations. (all types as applicable) In the C-1, C-2 and C-3 Zoning Districts, an automobile service station may be approved as a conditional use provided it meets the following additional criteria:
(1) The lot has a frontage on at least one major arterial street.
(2) Auto service stations - fuel and service are limited to the selling and dispensing of fuel primarily to passenger vehicles and to accessory uses of sale and installation of lubricants, tires, batteries, accessories and supplies, incidental washing and polishing, tune-ups, and brake repair.
(3) Unless approved with convenience store, no retail or wholesale sales of any non-automotive products shall be permitted, other than vending machines.
(4) The entire operation of all automobile service stations, except the sale and dispensing of fuel shall be within an enclosed building.
(5) Not less than ten percent (10%) of the total lot area of the station shall be landscaped.
(6) Fifty percent (50%) of the linear frontage or the entire frontage exclusive of the portions thereof used for driveway approaches, whichever is less, shall be landscaped. The landscaping shall be a combination of lawn and plant material.
(7) Where an automobile service station or car wash is located next to a lot in a residential district, screening with a solid fence, solid wall, or dense living hedge not less than six (6) feet in height shall be provided along the common lot line subject to all other rules and regulations of Chapter 1142.
(8) In C-2 districts, automobile car washes shall provide trench drains at all exit drives to prevent water from running onto public rights-of-way and creating potentially hazardous traffic conditions. In addition to trench drains, an asphalt bump shall be installed in the car wash exit lane between the exit door and the curb cut of the exit drive to loosen water on the undercarriage of the vehicle before it enters the right-of-way.
(c) Bed and Breakfast Facilities. In any R-1, R-2, R-2A and R-3 Zoning District, a bed and breakfast facility may be approved as a conditional use provided it meets the following additional criteria:
(1) Floor plans drawn to scale of all floors to be utilized for bed and breakfast activities shall be submitted to the city building department.
(2) The owner shall have no more than four (4) rooms for rent to the public.
(3) The owner or his or her agent shall be a permanent resident on the property.
(4) No exterior change shall be made to the property which alters the character of the neighborhood or residence.
(5) There shall be no separate cooking facilities provided for the bed and breakfast occupants.
(6) Occupancy shall be of a transient nature for periods not to exceed seven (7) days in any thirty (30) day period by any occupant. A guest registry listing name, address, phone number and vehicle license number shall be kept indicating dates of arrival and departure of guests and shall be available to the City for inspection upon request.
(7) Screening. Off-street parking shall be located behind the principal structure and shall be screened from adjacent properties with landscaping no less than five (5) feet in height at seventy percent (70%) opacity.
(8) Signage: For each bed and breakfast, only one of the following signs shall be allowed: either one ground-mounted sign not to exceed ten (10) square feet, or one non-illuminated wall-mounted sign not to exceed six (6) square feet. Ground signs may be externally illuminated with two directional landscaping lights with no more than two-hundred (200) watts of combined intensity for all lights illuminating the ground sign.
(d) Child Day Care Home, Type A. In any R-1, R-2, R-2A, R-3 or R-4 district, a Child Day Care Home, Type A, may be approved as a conditional use in a dwelling provided it meets the following additional criteria:
(1) The dwelling containing the day care center is located on a lot containing not less than twice the minimum size zoning lot for the district, or three-hundred (300) square feet of lot area for each child in average daily attendance, whichever is greater.
(2) Off-street parking and loading, fencing, screening and landscaping shall be installed and maintained as deemed necessary to mitigate any detrimental effects on the neighborhood and ensure the safety of the children.
(3) Child day care centers shall comply with all laws, ordinances, and regulations pertaining thereto.
(e) Dwellings above the First Floor. In the C-1 Zoning District, dwellings above the first floor may be approved as a conditional use, provided that the Planning Commission shall find that the proposed dwelling above the first floor:
(1) Will be in accordance with the general objectives or with any specific objectives of the Master Plan.
(2) Will be designed, operated, and maintained to be harmonious with the existing or intended character of the general vicinity, and will not change the essential character of the same area.
(3) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
(4) Will be adjacent to or abutting a residential district.
(5) Will comply with the minimum floor area requirements:
Minimum Floor Area Requirements | |
One bedroom | 800 square feet |
Two bedroom | 900 square feet |
Three bedroom | 1,200 square feet |
Four bedroom | 1,500 square feet |
Studio or efficiency apartments | Not permitted |
(6) Will not be occupied by more than a total of two (2) persons times the number of bedrooms allowed within the dwelling unit.
(f) Extraction of Sand and Gravel, Top Soil, and Other Natural Resources. In any M-2 District, extraction of sand and gravel, top soil, and other natural resources may be approved as a conditional use provided it meets the following additional criteria:
(1) Any extraction operation that is intended to, or will, result in the creation of a body of water shall be effectively fenced along the property lines and provided with a locking gate. Such fence shall be of a non-climbable design installed and maintained at a height of four (4) feet.
(2) No excavation shall be permitted nearer than fifty (50) feet to any property line.
(3) Any processing or storage of materials shall be conducted within an enclosed structure and/or effectively screened from view.
(4) Before granting a conditional use permit, the applicant shall provide the City with documentation evidencing the approval of the appropriate state and/or federal regulatory agencies and the necessary permits and licenses for such operations.
(g) Kennels and Animal Hospitals. Where permitted, kennels and animal hospitals shall be limited to facilities for the raising, breeding, treatment, and boarding of dogs or other small animals. Such uses shall provide a minimum setback of two-hundred (200) feet from all property lines for all outside runs. Such uses shall not include farm animals or livestock.
(h) Nursing Homes. Nursing homes may be approved as a conditional use provided it meets the following additional criteria:
(1) The site contains not less than eighty (80) feet of frontage on a major arterial street.
(2) The site shall contain not less than twice the area of the minimum size zoning lot for the district for the first six (6) beds, plus 2,000 square feet for each additional bed in all single-family districts and 1,500 square feet for each additional bed in the two-family and multiple-family districts.
(i) Parking Area: Extension of Parking into Contiguous Zoning District Parking Areas. In all zoning districts, the extension of parking into contiguous zoning district parking areas shall be subject to the following additional conditions and criteria:
(1) The extension of a parking area may not extend more than one hundred and fifty (150) feet into a zone other than in which the structure or use is located.
(2) The proposed extension shall be on land contiguous to the lot containing the use or structure.
(3) The proposed extension is on land owned, rented or leased by the owners of the lot containing the use or structure.
(4) Parking shall conform to all screening, setbacks and other requirements of this Zoning Code.
(5) The proposed extension does not adversely affect adjacent or surrounding properties and will contribute to the orderly development and function of the area.
(j) Parking Area: Joint Use of an Off-street Parking Area. In all zoning districts, the joint use of an off-street parking area to meet or facilitate the minimum parking space requirements is subject to the following additional conditions and criteria:
(1) The availability of the minimum number of parking spaces required for each beneficiary to the easement shall be determined to not overlap during their respective hours of operation;
(2) The owner of the off-street parking area shall have executed an easement granting or transferring use of specified access drives, aisles, and a specified number of existing parking spaces in perpetuity to all parties who will collectively and jointly share the use of the facility to meet minimum parking space requirements and/or shared aisle or access drives;
(3) The easement shall provide for adequate maintenance and capital reserves for improvements to the parking area;
(4) This easement shall have been prepared and witnessed by an attorney at law and shall be in a form acceptable to the City of Maumee;
(5) The easement shall name the City of Maumee a party to such deed restriction with rights to enforce the terms of the easement and approval authority over any changes thereto;
(6) The conveyance must contain appropriate provision for assignment of the easement to any other entity which succeeds the original beneficiaries of the easement;
(7) The parking area shall conform to the most stringent screening, setback, and other design criteria required of each of the land uses sharing the parking area facility;
(8) The proposed arrangement shall not adversely affect adjacent or surrounding properties and will contribute to the orderly development and function of the area.
(k) Solid Waste Facilities. In any M-2 District, solid waste facilities may be approved as a conditional use provided it meets the following additional criteria:
(1) Purpose: It is the intention of the City of Maumee for the potential that some property within the City of Maumee may be used for the construction and operation of a Solid Waste Facility provided that use is limited in size, conforms with the provisions of this section, and is approved only following the specific review and approval process in this Chapter and only within the M-2, Industrial district.
(2) Standards for Approval of a Proposed Conditional Use: Prior to approval of a Solid Waste Facility within the M-2 Industrial District of the City of Maumee, the Planning Commission shall determine that the Applicant for a conditional use has demonstrated be clear and convincing evidence that: (1) the Applicant has complied with all requirements of the City of Maumee Zoning Ordinances; (2) the proposed conditional use is in strict compliance with all of the General Standards and Considerations for Conditional Uses as contained in Chapter 1134 of the Maumee Zoning Ordinances and Special Standards and Considerations in Section 1134.04, (3) each and every significant adverse effect identified in the review of the application for a conditional use has been eliminated; and (4) the proposed conditional use complies with any requirements governing the use of the proposed conditional use as contained in the Codified Ordinances of the City of Maumee and the laws of the State of Ohio.
(3) Applicable Law: In the event that any federal, state or local statute, law, ordinance, rule or regulation is more restrictive than the provisions of the City of Maumee Zoning Ordinances, any such more restrictive federal, state or local statute, law, ordinance, rule or regulation is incorporated herein by reference and shall apply to an Applicant for a conditional use.
(4) Conditions Precedent to the Review and Acceptance or Denial of Request for a Conditional Use: In order to assure the City and its residents that the resources will be available to conduct a review of a proposal for a conditional use for a Solid Waste Facility, no such proposal shall be approved, nor shall there be any review of an application for a conditional use for a Solid Waste Facility by the Building and Zoning Inspector prior to being provided a copy of a final, non-appealable permit for the installation of a Solid Waste Facility by the Director of the Environmental Protection Agency of the State of Ohio.
(5) Procedures for the Review of a Request for a Conditional Use for a Solid Waste Facility:
A. Submission of Detailed Specifications and Applicant Report: The Applicant for a conditional use for a Solid Waste Facility shall submit detailed specifications and a site plan, including but not limited to the information required by Sections 1134.02 and 1134.03 hereof, for the proposed conditional use. The Applicant shall present a report to the Building and Zoning Inspector that identifies any potential significant adverse effects on the City of Maumee and its residents from the operation of the Solid Waste Facility and an explanation by the Applicant of how each identified potential significant adverse effect will be eliminated. Specifically, the Applicant is required to address each of the minimum review requirements identified in Section 1134.04 hereof.
B. Identification and Elimination of Significant Adverse Effects: No application for a conditional use permit for a proposed Solid Waste Facility shall be approved unless the proposed Solid Waste Facility complies with the City of Maumee Zoning Ordinances and the Applicant has established by clear and convincing evidence that the proposed Solid Waste Facility will not have any significant adverse effects on the City of Maumee or its residents.
C. Complete Applicant Proposal Requirement: The Applicant shall submit fifteen (15) copies of a complete set of the detailed specifications, site plan and Applicant Report (collectively "Applicant Proposal") to the Building and Zoning Inspector. The Building and Zoning Inspector, within fifteen (15) days of the receipt of the Applicant Proposal, shall determine whether the Applicant Proposal is complete and contains all of the information required for the consideration and determination by City Council and Planning Commission that the requested conditional use is approved or denied. If the Building and Zoning Inspector determines that the Applicant Proposal is not complete and/or the conditions precedent identified in Section 1134.04 have not been obtained, the Building and Zoning Inspector shall notify the Applicant of the failure of the Applicant to submit a complete
Applicant Proposal, the basis for the determination that the Applicant Proposal is not complete and/or which condition precedent has not been obtained. If the Building and Zoning Inspector determines that the Applicant Proposal is complete and all conditions precedent have been satisfied, the Building and Zoning Inspector shall deliver the Applicant Proposal to Maumee City Council for referral to Planning Commission for the required Public Hearings.
D. Minimum Review Requirements: The Planning Commission shall have the discretion to approve, modify, or disapprove proposals for a conditional use for a Solid Waste Facility based upon a determination by the Planning Commission that significant adverse effects on the City and its residents have or have not been eliminated based upon the Planning Commission review and consideration of the Applicant Proposal and the Planning Commission review and consideration of the minimum review requirements contained herein. The Applicant is advised that the Planning Commission consider any other significant adverse effect that may be identified during the review and consideration of the Applicant Proposal and that the Planning Commission may impose such special terms and conditions as are appropriate or necessary to ensure compliance with the City of Maumee Zoning Ordinance including:
i. Consistency with the mission, goals, objectives, requirements and projections contained in the City of Maumee zoning Ordinances and Comprehensive Plan, as now existing or as hereafter amended.
ii. Effect on infrastructure including roads, water, storm and sanitary sewer services and other utility services necessary and appropriate for the use of the Solid Waste Facility.
iii. Effect on property values including the projected effect on the value of property located within one (1) mile of the proposed location of the Solid Waste Facility.
iv. Impact on the historic or cultural features of the City of Maumee.
v. Impacts on the natural environment including air quality, the quality and quantities of ground water and surface water, flora, fauna, and natural habitats
vi. The Applicant shall be notified of the identification of any additional potential significant adverse effects on the City of Maumee and its residents not identified by the Applicant and of any failure of the Applicant to eliminate adverse effects identified by the Applicant or the City of Maumee. The Applicant shall provide a revised report to the City of Maumee within forty-five (45) days of any such notice that explains how the potential significant adverse effects will be eliminated (Revised Applicant Report). Thereafter, within thirty (30) days of the receipt of the Revised Applicant Report the City of Maumee shall determine whether the proposal for the conditional use is approved or denied.
vii. The Applicant is in compliance with all applicable general and specific provisions of the City of Maumee Zoning Ordinance.
(6) Use of Solid Waste Facility: Any request for a conditional use permit for a proposed Solid Waste Facility shall take into consideration the estimated daily solid waste management needs of the City of Maumee and its residents during the anticipated useful life of the Solid Waste Facility. The City of Maumee may deny or limit approval of any such conditional use request for a proposed Solid Waste Facility that is likely to be operated to handle a volume of solid waste that is greater than the estimated daily solid waste management needs of the City of Maumee and its residents.
(7) Procedure For Evaluating a Conditional Use Request for a Solid Waste Facility: Notwithstanding any other provision of this Zoning Code, the Planning Commission may take up to 180 days from the filing of a complete Application for a Solid Waste Facility to review and decide the Application.
(8) Severability: If any section, subsection, sentence, clause or phrase of this Zoning Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the Zoning Ordinance as a whole or any part thereof other than the part so declared invalid.
(9) Location:
A. Street and Highway Access: All such Solid Waste Facilities operations shall be located within the M-2 Industrial district of the City of Maumee. Any permitted Solid Waste Facility shall be located adjacent to a state highway or major thoroughfares. Where necessary, the City of Maumee may require the Applicant to construct and/or improve a road to accommodate the truck travel necessitated by the operations of the Solid Waste Facility, as a condition of such operation, and for the purpose of routing traffic around residential areas. A stop sign shall be erected and maintained by the owner/operator at all egress roads of the property where the Solid Waste Facility will be constructed. Under no circumstances shall trucks use private drives or private access routes from the Solid Waste facility property which are within one hundred fifty (150) feet of any residence.
B. Setback Requirements: Sufficient setback shall be provided from all property lines and public highways to assure adequate lateral support for adjacent public and private property. No Solid Waste Facility shall be permitted closer than one hundred (100) feet from the interior boundary lines. In addition, no Solid Waste Facility shall be permitted closer than three hundred (300) feet to any domicile, or within three hundred (300) feet of any residential district. No such Solid Waste Facility shall be permitted closer than one hundred (100) feet to adjacent public rights-of-way, property lines, lakes and streams. No Solid Waste Facility shall be permitted where adjoining lateral support for the maintenance of adjoining land is not maintained.
C. Temporary and Permanent Building Screening: Any temporary, moveable or permanent building or structure shall not be located closer than two hundred fifty (250) feet from the interior boundary lines. In addition, if located within one thousand (1,000) feet of a residence, it shall be obscured by a suitable barrier, not less than ten (10) feet high, with screening of a type to be decided on an individual basis by the Board of Zoning Appeals at the time of approval of the conditional use and pursuant to the Board's authority to impose and enforce any special terms, standards and conditions necessary for the approval of the conditional use. The foregoing shall not apply to the digging or excavating apparatus, nor to the stockpiling or loading and transportation equipment.
D. Sediment Basins: No Solid Waste Facility shall interfere with the established natural flow of surface waters, to the detriment or damage to adjoining public or private properties. The Board of Zoning Appeals shall have the right to require an Applicant to construct adequate sediment basins if it appears that substantial sediment may be carried into any nearby watercourse
(10) Sight Barriers and Fencing:
A. Sight Barriers: Sight barriers shall be provided along all setback lines of the sites which lack natural screening conditions through existing contours or evergreen growth. Such barriers shall consist of the following: a continuous mound of at least ten (10) feet in height and plantings of evergreen trees, not more than ten (10) feet apart, or shrubbery not more than five (5) feet apart, in staggered rows, on the mound, parallel to the boundaries of the property. Evergreens shall be at least two-year transplants at the time of planting, and shall grow to not less than ten (10) feet in height; and shall be sufficiently spaced to provide effective sight barriers when ten (10) feet in height. Trees or shrubs which die must be replaced.
The requirements for screening by means of a mound and plantings may be reduced or eliminated by the City of Maumee if the particular site and terrain of the subject property (with screening of a reduced height), will afford adequate sight barriers for adjoining property owners, residents or passers-by.
B. Fencing: A Solid Waste Facility shall be fenced with an eight (8) foot high chain link fence with three (3) strands of barbed wire, angled forty-five degrees (45°) toward the outside of the premises on the top. Such fence shall be located inside of any mounds or screening following the exterior boundaries. The entrance to a Solid Waste Facility shall have a gate which shall be closed and locked at all times that the Solid Waste Facility is not open.
(11) Nuisance Abatement and Quiet Enjoyment:
A. Quiet Enjoyment: Air pollution, noise and vibration, and their effect upon the quiet enjoyment of adjacent properties shall be minimized by the utilization of adequate soundproofed equipment and buildings designed to accomplish such minimization, and by the proper use of mounds, walls and natural planting screens. Interior and adjoining roads used in the operation of a Solid Waste Facility shall have their surfaces paved to minimize any muddy or dusty conditions.
B. Rodent Control: Rodent traps, if needed, shall be placed every one hundred (100) yards, around the perimeter of the Solid Waste facility, inside the fence, and shall be regularly inspected and cleaned, not less frequently than once each week.
C. Security Lighting: Any security lighting deemed necessary by the Owner or Operator shall be the sodium vapor type and shall be aligned so that no part of the illuminated field shall fall on any adjoining residential property.
D. Emergency Public Water Supply: A Solid Waste Facilities shall have adequate water supply provided by the City of Maumee and facilities for quick delivery of water to any part of the property for the purpose of extinguishing fires. If the Applicant proposes a source of water supply other than the City of Maumee, the source of the water supply and the facilities to provide for the delivery of the water shall be indicated on the specifications and site plans submitted for approval by the Maumee Fire Department and the Department of Public Service.
E. Litter: All litter shall be collected from the Solid Waste Facility site by the end of each working day and properly disposed or stored in a covered container.
F. Vehicle Wheel Wash: Prior to exiting a Solid Waste Facility, vehicle operators shall wash any loose mud or dirt from the tires of their vehicles to prevent mud and dirt from being tracked on to local roads.
(12) Hours of Operation: All operations, other than the maintenance of equipment within a fully enclosed building, shall be conducted only between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and 7:00 a.m. and 3:00 p.m. on Saturdays and legal holidays. A sign stating the hours and prohibiting dumping of other items shall be placed in a conspicuous location at the entrance. Keys for admittance to the Solid Waste Facility shall be given to the Maumee Fire Chief. Solid Waste Facilities shall have qualified personnel on duty at all times to direct the operations of the Solid Waste Facility.
(13) Liability Insurance: All Applicants shall be required to carry personal injury and property damage insurance, in addition to any and all bonds required by state statute until the Solid Waste Facility is closed in compliance with Ohio laws. Such insurance shall be in the amount of not less than one million dollars ($1,000,000.00) for each person injured or property damaged, or for any injury or damage to more than one person or one person's property, arising out of one occurrence. The deductible written into the insurance policy shall not exceed five percent (5%) of the per-incident limit of the liability of the policy. The coverage obtained by the Owner or Operator of the Solid Waste Facility to fulfill the requirements of this section shall include the provisions that the insurer shall notify the Clerk of Council and the Planning and Zoning Administrator a minimum of thirty (30) days prior to the cancellation of the insurance for any reason. Such insurance shall cover injury or damage occurring upon the site of the operation, as well as upon properties adjoining thereto, as the result of conditions or activities existing upon the
site. Such policies shall be filed with the Clerk of Council, and shall be maintained in effect until a certificate of final closure for the Solid Waste Facility and a copy of the approval of the Director of the Ohio Environmental Protection Agency of the financial assurance mechanism to secure the obligation of the Applicant to close and care for the Solid Waste Facility for, thirty (30) years follow its closure.
(14) Submission of Operational and Closure Plans: Proposed operational plans shall be submitted as part of the required application. Such plans shall include the following:
A. Site Plan Map: A site plan showing the placement, height, and size of all natural and man-made features of the proposed site and operation. The site plan shall also include a contour map of the tract of land showing existing and proposed elevations. Existing Grade shall be established as the average natural grade of the lot prior to any site work or grading taking place, or the average curb height of all streets adjacent to the parcel, whichever is less. In the absence of curbs, the center of the street, or in the case of a divided highway the center of the nearest travel lanes shall be used to establish average curb height. No Solid Waste Facility or structure shall exceed fifty (50) feet in height above Existing Grade. The site plan shall show all proposed means of access and circulation, location and dimensions of proposed parking areas, size and location of abutting public streets, additional roads, if any, to be constructed and the location and nature of adjoining development. The site plan shall be prepared by professional engineers, architects, surveyors, geologists and/or other professionals as required and appropriate.
B. Acreage: The number of acres and the location of the parcel proposed to be operated upon and the proposed phasing of operations. No Solid Waste Facility shall be sited on any parcel of land greater than fifty (50) acres in area.
C. Type of Solid Waste Facility: The type of Solid Waste Facility proposed to be constructed, the nature of the equipment to be used and the materials to be accepted.
D. Survey: A survey by a registered surveyor, showing the location of the principal Solid Waste Facility and the distance of any proposed operations, and the boundaries of the site.
E. Grade and Elevation: A map disclosing the approximate final grade and the levels to be established following completion of the disposal areas, including the proposed uses, if any, being contemplated for the future use of the land, and other such matters as may evidence the bona fide nature of the post-use plans. No Solid Waste Facility or structure shall exceed fifty (50) feet in height above Existing Grade.
F. Lakes, Streams, Water Course: A map disclosing the location of all lakes, streams, creeks, watercourses, groundwater aquifers, and public, private, residential, agricultural and commercial water wells from which required water samples will be taken for analysis.
G. Landscaping: A landscaping plan showing all proposed landscaping, fencing, mounds and buffers.
H. Lighting: A lighting plan showing all proposed lighting to be provided including lighting type, heights, intensity, and shielding.
(15) Special Terms: The Maumee Planning Commission shall have the authority to impose such special terms, standards and conditions as are appropriate or necessary to assure compliance with the requirements necessary to comply with this Section 1134.04, the General standards and Considerations of Section 1134.03, and all other requirements of the Maumee Zoning Ordinances, and to eliminate all significant adverse effects identified in the Solid Waste Facility review process of Section 1134.04.
(16) Connection to Water and Sewer System: No Solid Waste Facility shall be permitted unless connected to an existing municipal water supply system and municipal sanitary sewer systems for the treatment of leachate and other sanitary waste generated by the improvement constructed as part of the Solid Waste Facility.
(17) Area, Dimensions, and Setbacks
A. Area: No Solid Waste Facility or Structure shall exceed fifty (50) acres in area.
B. Height: No Solid Waste Facility or structure shall exceed fifty (50) feet in height above Existing Grade.
(18) Financial Guarantee: Financial guarantee shall be given to the City of Maumee to secure compliance with a host community agreement that incorporates the basis for the issuance of the conditional use permit, pursuant to the authority of the Council to adopt and impose special terms, standards and conditions. Any such financial guarantees shall be reviewed annually by the Planning and Zoning Administrator on or about the anniversary date of the issuance of the conditional use permit for adjustment in compliance of the foregoing requirements. The amount of the financial guarantee may be increased or decreased, based upon the cost of living index, promulgated by the U.S. Department of Labor, using the effective date of this ordinance as the base period or initial date to be used to adjust the amount of the financial guarantee. Such financial guarantee shall be in the form of cash, certified check, irrevocable bank letter of credit or a corporate bond of a licensed insurance company, eligible to insure Solid Waste Facilities in Ohio. The corporate bond, if it is used, shall be a performance bond which shall be filed with the Municipal Clerk governing all property, conditions and activities of the Solid Waste Facility required to be maintained in accordance with these regulations, guaranteeing the satisfactory performance of the conditional use, host community agreement and required special terms, standards and conditions. The bond shall not be cancelable for nonpayment of premium and shall continue in force for one (1) year.
For all Solid Waste Facilities, the minimum financial guarantee shall be at least two-hundred thousand dollars ($200,000), provided to the City of Maumee. The bond shall be filed with the Municipal Clerk before the conditional use permit is issued, and on or before the first of each calendar year thereafter.
The City of Maumee may provide for a periodic review of the proposed operations of the Solid Waste Facility to ascertain compliance with the conditions and limitations imposed upon the same.
(l) Sweepstake Terminal Café. In any C-2, M-1, or M-2 district, a sweepstake terminal cafe may be approved as a conditional use.
(Ord. 029-2022. Passed 5-16-22.)
(m) Mini-Warehouse. In any C-2, M-1 or M-2 district, mini-warehouses may be approved as a conditional use provided it meets the following additional criteria:
(1) Site plan to show property lines, setbacks, street paving, curb cuts, landscaping, location of all structures including buildings, designated parking spaces, travel lanes, drainage areas and structures, location of walls and fences and meet all other requirements of Chapter 1135 Site Plan and comply with all architectural standards and specifications. All surface materials for all driveways, parking, loading outdoor storage and vehicle circulation areas must be approved by the Planning Commission.
(2) Lot shall not front on a local residential street, nor shall access be permitted to a local residential street.
(3) Facility shall be used only for dead storage of materials or articles and shall not be used for assembly, fabrication, processing or repair of any kind.
(4) No business except for the business of renting the mini -warehouse units or sales shall be conducted from the mini-warehouse units or property. Except for meetings necessary for conducting facility business no portion of the facility or any of the mini-warehouse units shall be used for practice rooms, meeting rooms, or for any other gathering purposes, or be used for residential purposes.
(5) No exterior vehicle storage shall be permitted unless the area to be used for vehicle exterior storage has been effectively screened from view from all neighboring properties and right-of-ways. The vehicle storage area shall be located at the rear of the property and shall not be in front of any buildings or within 250 feet of the right of way. Screening shall consist of landscaping, fencing and walls, or a combination of these items, and shall be maintained in good condition. The height of any exterior storage items shall not exceed the height of the surrounding screening. Should screening be removed or damaged then exterior storage shall be eliminated until screening has been repaired or replaced. The Zoning Administrator in consultation with the City Administrator (or their designee) shall have discretion in determining if proposed screening meets the "effectively screened" requirement. The area dedicated to outside storage shall not exceed fifteen percent (15%) of the area dedicated to inside mini-warehouse uses. No outside storage of material or waste shall be allowed. Outside storage areas are prohibited in facilities constructed after February 01, 2022, or in any expanded portions of existing facilities constructed after this date.
(6) All vehicles, recreational vehicles and trailers stored on site must be properly licensed and registered, in fully operational and good working condition and have affixed thereto a current license. No vehicles may be in a state of disrepair, disassembly, wrecked, or otherwise non-functional condition. No maintenance or repair shall be performed on site.
(7) Storage of explosive or highly flammable material shall be prohibited. Commercial transfer and active storage operations shall not be permitted nor shall the space be used for service or repair. Garage sales and/or flea markets are prohibited.
(8) All such facilities shall be staffed with a minimum of one (1) on-site employee between the hours of 8 a.m. and 8 p.m.
(9) Facilities shall be screened with landscape material on all property boundaries and meet all additional requirements of Chapter 1145.
(10) Property shall be enclosed with a six-foot high, black, "wrought iron" style fence and shall have a single controlled entrance and exit with electronic entrance gates. Chain link fencing, wood fencing, chain link gates, or wood gates shall be prohibited.
(11) Façade's facing a public street shall be a minimum height of twenty (20) feet and contain a mix of materials, colors, decorative features, and off-sets to eliminate any "blank wall" look. Split-faced block shall be a prohibited exterior material. All additional requirements of Chapter 1136 shall be met.
(12) All lights shall be shielded to direct lights onto the facility and away from adjacent property and meet the requirements of Section 1136.13.
(13) All mini-warehouse buildings, including offices, constructed after Feb. 01, 2022 shall have a minimum front yard set-back from the right-of-way of eight-hundred (800) feet unless the Board of Zoning Appeals has approved a variance reducing this amount.
(14) Total lot area used for mini-warehouse use, including office, parking, access drives and all exterior storage areas, shall not exceed eighty-five percent (85%) of total lot area.
(15) Except for the expansion of an existing mini-warehouse facility which does not exceed thirty percent (30%) of its existing total lot area, mini-warehouse facilities are not allowed on greenfields or previously undeveloped property unless a variance for said property is granted.
(16) The minimum lot area shall be a minimum of two (2) acres and the maximum lot size shall not exceed two and a half (2.5) acres and shall not be located within 2000 feet of another mini-warehouse facility. Existing mini-warehouse facilities shall not expand more than once, and such expansion shall not encompass more than two and a half (2.5) acres or thirty percent (30%) of the existing total lot area.
(17) Nothing in this section shall preclude the property owner from carrying out routine maintenance and repair of the facility. If zoning changes in the future, owner shall be subject to nonconforming use provisions of the City of Maumee Zoning Code for repairs or continued use.
(18) For the expansion of an existing facility, or the construction of a new facility, occurring after Feb. 01, 2022, the minimum side and rear set-backs shall be ten (10) feet to accommodate the additional landscaping and screening. For the expansion of an existing facility, the additional set-back requirement shall only apply to that area being expanded.
(Ord. 012-2022. Passed 3-7-22.)
1135.01 SITE PLAN REVIEW.
The site plan review procedures and standards set forth herein provide a consistent and uniform method of review of proposed development plans, to ensure full compliance with the standards contained in this chapter, other applicable chapters of this Code, standard engineering practices, and county, state, and federal rules and laws. The procedures set forth herein are further intended to:
(a) Achieve efficient use of the land;
(b) Protect the traditional character of the City;
(c) Minimize adverse impacts on adjoining or nearby properties;
(d) Address traffic and pedestrian circulation.
(e) Provide a mechanism for review of new development and redevelopment or reuse of existing site to ensure compliance with current standards; and
(f) Encourage cooperation and consultation between the City and the applicant to facilitate development in accordance with the City's land use objectives.
(Ord. 093-2020. Passed 7-6-20.)
1135.02 PROJECTS REQUIRING SITE PLAN REVIEW.
Prior to the creation of a use, erection of a building, and those conditions cited below, a site plan or administrative plan must be submitted for approval, in accordance with this section. The extent of review for various types of projects is classified into three (3) types generally described below. The table of required review process provides a specific listing of review classifications:
(a) Planning commission review (PCR). Most new development, major, mid-size expansions will require a full site plan (FSP) under Section 1135.04, full site plan submittal and review procedures.
(b) Administrative review (AR). Select projects and expansions or changes in use to existing sites will undergo a less formal review and approval process by the Zoning Administrator, City Administrator (or designee), and any others deemed necessary. The Zoning Administrator always reserves the right to send any administratively reviewed plans to the Planning Commission for final determination, especially when it relates to aesthetics and architecture.
(1) Full site plan (FSP). Select medium and small scale projects and expansions, or changes in use to existing sites, are permitted to provide less detailed information than a comprehensive site plan (CSP). The level of information is intended to be proportionate to the extent of the change and yet insure adequate review for compliance with applicable requirements. It is also intended to alleviate the expansion and perpetuation of non-conforming uses, landscaping, and/or structures,
(2) Plot site plan (PSP). Select projects, such as one-family and two-family dwellings on an individual lot, only require the submission of a plot plan (PP) given their relatively low level of impact on adjacent land uses, and given that compliance with applicable zoning regulations can be addressed during the building permit review process. Other applicable approvals are still required such as zoning compliance permits, building permits and inspections.
Table of Required Review Process | |||
PCR | AR | ||
Situation/Use | FSP | FSP | PSP |
New Development: | |||
Construction of any nonresidential use or building. | X | ||
Construction of essential public service buildings and storage areas. | X | ||
Construction of a multiple family dwelling. | X | ||
Construction of a one-family or two-family dwelling unit on one (1) lot in a residential zoning district. | X | ||
Minor changes during construction required by municipal, state, or federal departments or agencies. | X | ||
Planned Unit Developments (PUDs) in accordance with this Chapter 1127 | X | ||
Table of Required Review Process | |||
PCR | AR | ||
Situation/Use | FSP | FSP | PSP |
Expansions: | |||
An increase, change, and/or repaving in parking or loading area without any building changes. | X | ||
Changes to building height that do not add additional floor area nor exceed the maximum height requirements of Chapter 1125. | X | ||
Expansion of a one-family or two-family dwelling unit on one (1) lot in a residential zoning district. | X | ||
For non-residential, any increase in the floor area | X | ||
Changes in Use: | |||
A change in use to a similar or less intense use provided the site will not require any significant changes in the existing site facilities such as parking, landscaping, lighting, signs, non-motorized pathways or sidewalks unless such action increases, lengthens, or perpetuates a legal non-conformance in which case a full site plan may be require by the Zoning Administrator. | X | ||
A change from a nonconforming use to a conforming use, if required by the zoning administrator (or designee). | X | ||
Any change in the use of land or a building to a more intensive use in terms of parking needs, noise, traffic volumes, and similar impacts. | X | ||
Other Types of Projects: | |||
Accessory buildings and structures constructed or erected accessory to a permitted one-family or two-family dwelling unit. | X | ||
Accessory buildings associated with multiple-family and non-residential uses. | X | ||
Accessory open air businesses. | X | ||
Aesthetic and architectural changes to buildings other than one-family and two-family residential structures. | X | ||
Non-motorized pathways or sidewalk construction or relocation. | X | ||
Table of Required Review Process | |||
PCR | AR | ||
Situation/Use | FSP | FSP | PSP |
Construction of an entrance feature associated with a residential development. | X | ||
Home occupations. | X | ||
Internal construction or change in the floor plan that does not increase gross floor area, increase the intensity of use, or affect parking requirements on a site which meets all site design standards of this Chapter. | X | ||
Landscape changes regardless of consistency with the standards of this Chapter. | X | ||
Modifications to upgrade a non-single family residential building to improve barrier-free design, or to comply with the Americans with Disabilities Act or other federal, state or county regulations. | X | ||
Parking lot improvements provided the total number of spaces will remain constant. | X | ||
Sign relocation or replacement meeting the dimensional and location standards of this chapter. | X | ||
Non-residential site improvements such as installation of walls, fences, lighting or curbing consistent with the standards of this chapter. | X | ||
Temporary uses, sales and seasonal events. | X | ||
Utility system improvements not associated with the City of Maumee may be required to submit a full site plan. | X | ||
Waste receptacle relocation or installation of screening around the waste receptacle. | X | ||
Any use requiring a conditional use not covered by one of the above situations/uses (see Chapter 1134). | X | ||
Key: PCR = Planning commission review; AR = administrative review; FSP = full site plan; PSP = plot site plan. | |||
(Ord. 093-2020. Passed 7-6-20.)
1135.03 SPECIFIC EXEMPTIONS FROM SITE PLAN REVIEW CHAPTER.
The provisions of this Chapter shall not apply to:
(a) The construction or alteration of any structure used exclusively for agriculture, horticulture, or floriculture, that does not involve retail sales and that is not within or abutting a single family residential zoning district.
(Ord. 093-2020. Passed 7-6-20.)
1135.04 SITE PLAN SUBMISSION AND REVIEW PROCEDURE.
(a) Full Site Plan (FSP) Submittal and Review Procedures for Planning Commission Review (PCR). When a full site plan (FSP) is required for planning commission review (PCR), the following procedure will apply, unless otherwise noted in the table of required review process.
(1) Pre-application Meeting. For the purposes of identifying major issues related to a project and to discuss questions related to this chapter and other chapters of this Code, the applicant must attend a pre-application meeting with the Zoning Administrator (or designee), and any others deemed necessary. Sufficient information must be submitted prior to the meeting that describes the proposed project. Discussion at this meeting is in no way a formal approval or decision on any aspect of a proposed project.
(2) Application. Any person with legal interest in a lot or parcel may apply for planning commission review (PCR) of a full site plan (FSP) by filing a completed application form, paying the review fee and providing digital (electronic) and hard copies (size and number to be determined by the Zoning Administrator (or designee)) of the FSP, according to the submittal schedule prepared by the Zoning Administrator at the beginning of every calendar year. Required site plan contents are listed in Section 1135.05.
(3) Final Approval of a Full Site Plan (FSP). A full site plan requiring approval by the planning commission must complete the following process:
A. Planning commission approval. The Planning Commission and appropriate city staff will review the full site plan (FSP) for compliance with the standards of this chapter and other appropriate chapters of this Code and statutes. Based upon this review the Planning Commission may either:
1. Approve the FSP.
2. Approve the FSP with conditions which the Planning Commission determines are reasonable and necessary to ensure conformance with applicable chapters of this Code and statutes. These conditions must be listed in the motion and noted on the FSP, with the Planning Commission chairperson's signature.
3. Table the FSP upon determining that it does not meet the standards, spirit and intent of this chapter and other appropriate chapters of this Code and statutes. The Planning Commission will direct the applicant to make modifications and resubmit the FSP. The applicant will be required to prepare a revised FSP, accompanied by a complete list of all changes with a certification (by the applicant or his/her design professional), that no other changes have been made.
4. Deny the FSP upon determining that it does not meet the standards, spirit and intent of this chapter and other appropriate chapters of this Code and statutes.
B. Implementation of planning commission approval. The following provisions apply to a full site plan (FSP) which has received the approval of the Planning Commission but not the administrative approval required by subsection (a)(5) of this Section:
1. The adopted minutes of the planning commission, and the report of the Zoning Administrator (or designee), will serve as the official record of the Planning Commission's decision on a full site plan (FSP), including any conditions of approval. The applicant will be responsible for obtaining a copy of the adopted minutes, and submittal of a revised FSP and related documents which demonstrate compliance with any conditions to the Zoning Administrator (or designee). Any question on the decision may be made in writing to the planning commission prior to the adoption of the minutes.
2. Upon receipt of approval of the full site plan (FSP) by the Planning Commission, the applicant will have up to six (6) months to submit a final FSP to the Zoning Administrator (or designee). However, the Zoning Administrator may grant a single one time extension of up to one (1) additional six (6) month period provided the request is received in writing prior to the expiration date and presents reasonable evidence to the effect that the development has encountered unforeseen non-self-created difficulties. Should neither of the aforementioned provisions be fulfilled, or an extension has expired without construction activity underway, the FSP will be considered null and void.
3. Full site plan (FSP) approval by the Planning Commission does not preclude the Zoning Administrator (or designee) from enforcing the standards of this Chapter and other appropriate Chapters of this Code and statutes, as well as the City's engineering standards. In all cases other city standards may change the final site plan and development.
C. Administrative approval. Upon the receipt of application of the full and other site plan (FSP) by the developer, architect and/or applicant, the Zoning Administrator (or designee) will review the (FSP) for compliance with the standards of this chapter and other appropriate chapters of this Code and statutes, as well as the city's engineering standards. Based upon this review the Zoning Administrator (or designee) may either:
1. Approve the FSP;
2. Refer the FSP back to the applicant or his/her design professional for revision because it does not meet the standards, spirit and/or intent of this chapter, other appropriate chapters of this Code and statutes, or the city's engineering standards. The applicant or his/her design professional will be required to prepare a revised FSP, accompanied by a complete list of all changes and certification that no other changes have been made; or
3. Deny the FSP upon determining that the plans do not meet the standards, spirit and/or intent of this chapter, other appropriate chapters or this Code and statutes, or the City's engineering standards.
(4) Following approval of the FSP, a digital (electronic) in dwg. and pdf format file determined sufficient by the Zoning Administrator (or designee) must be provided to the city on disk or via email by the applicant.
(5) A zoning compliance permit will also be required following approval of the final FSP and the final site inspection by the Zoning Administrator, but prior to issuance of a certificate of occupancy.
(6) Changes to a full site plan (FSP) that has received final approval. The holder of a FSP that has received final approval shall submit an application for an "Amendment to an Approved Site Plan" to the Zoning Administrator (or designee) for any proposed change to an approved Site Plan. The fee for each application shall be determined by the Zoning Administrator based upon the complexity of the proposed changes and the cost incurred by the City in reviewing the proposed changes, but in no case shall the fee exceed the cost of the original application fee. The application shall include two copies and a digital file of the revised site plan clearly showing the proposed changes to the approved Site Plan, and documentation outlying conditions necessitating the changes. Changes to the approved site plan will be permitted only under the following circumstances. In all instances the City Administrator or Zoning Administrator must approve before changes can be implemented:
A. Minor amendments. Minor changes may be approved by the Zoning Administrator (or designee) upon determining that the proposed revisions(s) will not alter the basic design nor any specific conditions imposed as part of the FSP as originally approved. Minor changes may include the following:
1. Change in the building size of up to thirty-five percent (35%) in total floor area in the event of no impact to other site improvements;
2. Movement of buildings or other structures by not more than fifty (50) feet;
3. Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;
4. Changes in building materials to a comparable or higher quality;
5. Changes in floor plans which do not alter the character of the use; and
6. Changes required by outside agencies such as county, state or federal departments.
B. Major amendments. A proposed change not determined by the City Administrator, upon consultation with the Zoning Administrator, to be minor must be submitted to the Planning Commission as a site plan amendment and will be reviewed in the same manner as the original application.
The City Administrator, upon consultation with the Zoning Administrator, is the only city official who can approve a change to a full site plan (FSP) that has received the approval of the Planning Commission.
(7) Performance guarantee. The City may require a performance guarantee, as authorized by Section 1145.08, to assure the completion of any improvements shown on the site plan. For the purposes of this section, improvements subject to performance guarantees must include features and actions associated with a project that are considered necessary by the city to protect the natural resources or the health, safety, and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage.
(8) Administrative submittal and review procedures. Those applications that qualify for administrative review in accordance with the table of required review process must comply with the following procedure:
A. Pre-application meeting. For the purposes of identifying major issues related to a project and to discuss questions related to this chapter and other chapters of this Code, the applicant is encouraged to attend a pre-application meeting with the Zoning Administrator (or designee), and any others deemed necessary. Sufficient information must be submitted prior to the meeting that describes the proposed project. Discussion at this meeting is in no way a formal approval or decision on any aspect of a proposed project.
B. Application. Any person with legal interest in a lot or parcel that qualifies for administrative review under the criteria set forth in subsection (a) of this section may apply by filing a completed application form, paying a review fee, providing a digital (electronic) file determined by the Zoning Administrator (or designee), and hard copies (size and number to be determined by the Zoning Administrator (or designee)) of the full site plan (FSP) or plot site plan (PSP) with the Zoning Administrator (or designee). Required plan contents are listed in Section 1135.05.
C. Approval. Upon review of the application, the Zoning Administrator (or designee) will either:
1. Request specific revisions and re-submittal of the application upon a finding the application does not meet information requirements or does not meet the intent and regulations of this chapter;
2. Approve the administrative plan, with or without conditions; or
3. Upon determining that the administrative plan does not meet the standards, spirit and intent of this chapter and other appropriate chapters of this Code and statutes, deny the administrative plan.
D. Effectiveness. Upon administrative plan approval, each project must be under construction within six (6) months after the date of final approval by the Zoning Administrator and be diligently carried on towards completion. If the applicant does not fulfill this provision, the Zoning Administrator may grant one six (6) month extension provided the applicant makes application in writing prior to the expiration date and presents reasonable evidence to the effect that the development has encountered non self-created unforeseen difficulties but is then ready to proceed. Should neither of the aforementioned provisions be fulfilled or the one-year extension has expired without construction activity underway, the administrative plan will be considered null and void.
E. Changes to the approved administrative plan. The holder of an approved administrative plan shall submit an application for an "Amendment to an Approved Site Plan" to the Zoning Administrator (or designee) for any proposed change to an approved Site Plan. The fee for each application shall be determined by the Zoning Administrator based upon the complexity of the proposed changes and the cost incurred by the City in reviewing the proposed changes, but in no case shall the fee exceed the cost of the original application fee. The application shall include two copies and a digital file of the revised site plan clearly showing the proposed changes to the approved Site Plan, and documentation outlying conditions necessitating the changes. The Zoning Administrator (or designee) has the authority to review and approve any changes, per subsection (a)(3) of this Section.
F. Performance guarantee. The City may require a performance guarantee, as authorized by Section 1145.08, to assure the completion of any improvements shown on the site plan. For the purposes of this section, improvements subject to performance guarantees must include features and actions associated with a project that are considered necessary by the City to protect the natural resources or the health, safety, and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage.
(Ord. 093-2020. Passed 7-6-20.)
1135.05 SUBMISSION REQUIREMENTS.
(a) Required Site Plan Contents. The following data must be included with, and as part of, all applications requiring site plan review:
Table of Required Site Plan Data | ||
FSP | PSP | |
Application Form: The application form must contain the following information: Please note that additional fees may be charged by the Zoning Administrator for review and consulting fees reasonable for checking, review, and testing of submitted items and products. | ||
Name and address of the applicant and property owner; | X | X |
Address and common description of property and complete legal description; | X | X |
Table of Required Site Plan Data | ||
FSP | PSP | |
Dimensions of land and total acreage; | X | X |
Zoning on the site and all adjacent properties including those across the street or another public right of way; | X | X |
Description of proposed project or use, type of building or structures, and name of proposed development, if applicable; | X | X |
Name and address of firm or individual who prepared site plan; (Please note all full site plans must be prepared by a professional licensed architect, engineer, registered surveyor and/or landscape architect) | X | X |
Proof of property ownership, or the written authorization of the property owner. | X | X |
A signed statement granting the city and/or the Zoning Administrator (or designee) permission to enter the site for the purpose of conducting site improvement inspection; and | X | X |
Grid sheet for plot plans. | X | |
Site Plan Description and Identification Data: | ||
Site plans (not to exceed, or be less than, 24 inch × 36 inch) must consist of an overall plan for the entire development, drawn to an engineer's scale of not less than 1 inch = 20 feet for property less than 3 acres, 1 inch = 50 feet for property 3 acres or more in size up to 49 acres; or 1 inch = 100 feet for 50 acres or more. More details may be required by the Zoning Administrator with less than 50 or 100 scale; | X | X(1) |
Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions; | X | X |
Scale and north-point; | X | X(1) |
Location map drawn to a separate scale with north-point, showing surrounding land, water features, zoning and streets within a quarter mile; | X | X |
Legal and common description of property; | X | X |
Identification and seal of architect, landscape architect, engineer, or land surveyor who prepared the drawings; | X | X |
Zoning classification of petitioner's parcel and all abutting parcels. The location and use of all existing and proposed structures, streets and related appurtenances, within the development and within 200 feet of the site; | X | X |
Table of Required Site Plan Data | ||
FSP | PSP | |
Proximity to section corner and major thoroughfares; and | X | |
Total area in acres and square feet. | X | X |
Site Data: | ||
Existing and proposed lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site; | X | X |
Topography on the site and within 100 feet of the site at six (6) inch contour intervals, referenced to a USGS benchmark; | X | |
Location of all existing water features and all proposed changes to these existing features. Existing water features include ponds, lakes, drainage courses, drainage control structures, streams, wetlands, and flood plains. Compliance with the City of Maumee Storm Water Management Plan and requirements for Erosion Pollution Control Plans shall be demonstrated pursuant to applicable City, State and Federal requirements; | X | |
All existing and proposed easements on site and those abutting; | X | X |
Location of exterior lighting (site and building lighting) as well as a photometric plan showing no more than .1 foot candle for commercial and industrial and .05 residential at the property boundary. The plan shall also depict light poles no greater in height, from grade than 12 ft. for residential, 18 ft. for commercial and no more than 22 ft. for industrial; | X | X |
Location of trash receptacle(s) and transformer pad(s) and method of screening including materials; | X | X |
Recent aerial of the site and surrounding area; and | X | X |
Extent of any outdoor sales or display area. | X | |
Copies of soil logs and percolation tests if testing is required by the Zoning Administrator | X | X |
Access and Circulation: | ||
Dimensions, curve radii and centerlines of existing and proposed access points, roads and road rights-of-way or access agreements/easements; | X | |
Opposing driveways and intersections within 250 feet of site; | X | X |
Cross section details of proposed roads, driveways, parking lots, sidewalks and non-motorized paths illustrating materials and thickness; | X | |
Dimensions of acceleration, deceleration, and passing lanes; | X | |
Table of Required Site Plan Data | ||
FSP | PSP | |
Dimensions of parking spaces, islands, circulation aisles and loading zones (see Chapter 1141); | X | X |
Calculations for required number of parking and loading spaces (see Chapter 1141); | X(2) | X(2) |
Designation of fire lanes and signage; | X | |
Traffic regulatory signs and pavement markings; | X | |
Location of existing and proposed sidewalks/pathways within the site or right-of-way and within 100 feet of the site, including those across the street; and | X | X(3) |
Location, height, and outside dimensions of all storage areas and facilities. | X | X |
Landscape Plans: | ||
X | X | |
The location of existing and proposed lawns and landscaped areas; | X | X |
Landscape plan, including location, size, and type of proposed shrubs, trees, and other plant material; | X | |
Landscape irrigation plan, per the standards contained in Chapter 1145; and | X | X |
A plant schedule, per the requirements of and as defined under "landscaping" in Chapter 1145. | X | |
Conceptual Details of Building and Structure Details: | ||
Location, height, and outside dimensions of all proposed buildings or structures; | X | X(3) |
Building floor plans and total floor area; | X(2) | X(2) |
Details for accessory structures; | X | X(3) |
Location, size, height, and material of construction for all hedges, fences, wall, and berms utilized to meet the screening requirements of Chapter 1136; | X(3) | |
X(3) | X(3) | |
Location and material of construction for swimming pools (see Chapter 1349); | X(3) | X(3) |
Building facade elevations for all sides, drawn at an appropriate scale and color (see Chapter 1136); | X(4) | X(4) |
Table of Required Site Plan Data | ||
FSP | PSP | |
Description of exterior building materials and colors (details to be provided during the final site plan review process); and | X(4) | X(4) |
Information related to hazardous materials including containment, storage, use, location and any level of involvement. | X | |
Conceptual Details Concerning Utilities, Drainage and Related Issues: | ||
Location of existing sanitary sewers or septic systems and preliminary location of proposed systems; | X | |
Location and size of existing water mains, well sites, water service, storm sewers loads, and fire hydrants and conceptual information for proposed water service, water lines serving fire protection equipment, hydrant locations, sizes and fittings; | X | |
Preliminary site grading, finished building grades, drainage patterns; | X | |
General location and size of storm water retention and detention ponds; | X | |
General location of underground storm sewers and drains; | X | |
General location of above and below ground gas, electric and telephone lines; | X | |
General location of transformers and utility boxes; | X | |
Size, height and method of shielding for all site and building lighting; and | X(5) | |
Location, size, height, and lighting of all proposed signs. | X(5) | |
Additional Information For Multiple-Family Residential: | ||
The number and location of each type of residential unit (one bedroom units, two bedroom units; | X | |
Density calculations by type of residential unit (dwelling units per acre); | X | |
Garage and/or carport locations and details, if proposed; | X | |
Mailbox clusters; | X | |
Location, dimensions, floor plans and elevations of common building(s), if applicable; | X | |
Swimming pool fencing detail, including height and type of fence, if applicable; | X | |
Location and size of recreation and open space areas; and | X | |
Table of Required Site Plan Data | ||
FSP | PSP | |
Indication of type of recreation facilities proposed for recreation areas. | X | |
Key: FSP = full site plan and PSP = plot site plan. | ||
[Table notes:]
(1) A scaled, plot plan may be drawn on the grid sheet contained in the application.
(3) If applicable.
(4) If building design standards apply.
(5) Requires a photometric study, to the satisfaction of the Zoning Administrator (or designee).
(b) 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 Site Plan.
(Ord. 093-2020. Passed 7-6-20.)
1135.06 STANDARDS FOR REVIEW.
(a) Site Plan Review Criteria. In the process of reviewing a site plan, the Planning Commission or Zoning Administrator (or designee) must consider the following criteria and assure that these conditions are met to the extent practicable:
(1) Adequacy of information. The site plan must include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses(s) and structures;
(2) Uses. The site plan must state that all proposed uses are permitted in the zoning district in which the site is located;
(3) Site design characteristics. All elements of site design must be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings. The site must be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this chapter. The site must be designed to conform to all provisions of this chapter. Redevelopment of existing sites must be brought into conformance with all site improvement provisions of this chapter which are relative to and proportionate to the extent of redevelopment, as determined by the Planning Commission or Zoning Administrator (or designee);
(4) Traditional city character/historic preservation. The City of Maumee is a traditional community with many historic characteristics and features. All site plans within the city must demonstrate that they are in keeping with the character and history of the surrounding residential, commercial, industrial, or mixed-use neighborhood;
(5) Buildings. Buildings and structures shall be designed so as to limit front yard setbacks and allow for rear yard parking at the discretion of the Zoning Administrator and will meet or exceed setback standards, height and other dimensional standards, and be consistent with applicable building design standards;
(6) Emergency vehicle access. All buildings or groups of buildings must be arranged so as to permit emergency vehicle access by some practicable means to all vehicles;
(7) Ingress and egress. Every structure or dwelling unit must be provided with adequate means of ingress and egress via public streets, private roads and walkways;
(8) Pedestrian and vehicular orientation. The site plan must provide a system for pedestrian circulation that allows pedestrians to safely access the site, circulate within the site, and access adjacent sites and development areas such as neighborhoods. The arrangement of vehicular and pedestrian circulation must respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the city. The width of streets and drives must be appropriate for the volume of traffic they will carry;
(9) Drainage. Storm water management system and facilities must preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible. Measures must be taken to ensure storm water management techniques follow safe practices to slow and treat drainage before it enters the system and/or leaves the site;
(10) Soil erosion. The proposed development must include measures to prevent soil erosion and sedimentation;
(11) Exterior lighting. Exterior lighting must be designed so that it is aimed downward and deflected away from adjacent properties and so that it does not impede the vision of drivers on public streets, adversely impact abutting properties or adversely impact the natural evening sky. Foot candles and lumen maximums, as published by the Dark Sky Society shall be adhered to as closely as possible. Lighting levels may not exceed half (0.5) a foot-candle beyond any perimeter (exterior) lot line for commercial or industrial and .05 for residential areas;
(12) Preservation of natural areas. The landscape must be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Insofar as practical, natural features and the site topography, viewsheds, historical markers and environmental areas must be incorporated into the proposed site design;
(13) Public services. The scale and design of the proposed development must facilitate the adequate provision of services currently furnished by or that may be required of the city or other public agency including, but not limited to, fire and police protection, storm water management, sanitary sewage removal and treatment, traffic control and administrative services. All new utilities, public or otherwise, must be installed underground;
(14) Traffic impact. The expected volume of traffic to be generated by the proposed use cannot adversely impact existing roads and the circulation thereon. Driveways must be located to minimize conflict with traffic operations on the adjoining road. The number of driveways must be the minimum needed to provide reasonable access to the site;
(Ord. 093-2020. Passed 7-6-20.)
1135.07 SITE PLAN APPROVAL EXPIRATION.
Site plan approval issued under this section shall lapse within one (1) year unless a certificate of occupancy has been issued. When a Site Plan becomes the subject of litigation, this one (1) year time limit shall be tolled until the action of a court determining the merits of the legal action has become final and the time limit for appeal has expired with no notice of appeal being taken. (Ord. 093-2020. Passed 7-6-20.)
1135.08 DEVELOPMENT AGREEMENT.
A development agreement signed by the applicant/developer/owner and the City of Maumee is required prior to the issuance of a permit to memorialize all Site Plan, Zoning Code and Building Code requirements. Upon consultation with the City Law Director and the Zoning Administrator, the City Administrator has the authority to sign the development agreement as surety for the completion of all Site Plan, Zoning Code and Building Code requirements. The development agreement shall include, but is not limited to, timelines for planning and construction, building elevation, plans, city incentives, and surety.
(Ord. 093-2020. Passed 7-6-20.)
1135.09 CONFLICTS
When there is a conflict between Chapter 1135 and another part, chapter or section of the Codified Ordinances of the City of Maumee, the City Administrator, upon consultation with the Zoning Administrator, shall determine which part, chapter or section shall be applicable.
(Ord. 093-2020. Passed 7-6-20.)
1136.01 PURPOSE OF DESIGN STANDARDS.
(a) These standards are intended to promote the design of an urban environment that is built to human scale, encourage attractive street fronts, and accommodate pedestrians in a safe manner as recognized in a "Complete Streets and Walkable Communities" platform while also accommodating vehicular movement. It is desirable that there be a base level of quality architecture of scale, color and materials that will allow a project to blend into its setting and build upon the existing aesthetic identity of an area. Building shapes can be articulated to provide a sense of human scale at the ground level that is inviting to the public through the application of horizontal and vertical patterns expressed by architectural features such as cornices, columns, windows, doors or variations in massing.
(b) The intent of building design standards is to ensure a base level of quality architecture that is responsive to its context and contributes to the established architectural character of an area rather than a design solution that is based on a standardized formula or market prototype superimposed on the selected site. Not all structures in the surrounding area contribute equally to the area character and each example shall be weighed against the balance of all other projects. In areas with little, no or poor immediate context, or under redevelopment, proposals should add to area character without rigid uniformity of design.
(Ord. 093-2020. Passed 7-6-20.)
1136.02 APPLICABILITY.
(a) New Buildings. All uses, except one-family and two-family residential, that receive site plan approval for construction of a new building after the effective date of this section must fully comply with its design standards. Refer to Section 1136.12 of this Chapter for building design standards for one-family and two-family dwellings.
(b) Expansions and Major Improvements to Buildings. For buildings existing prior to the effective date of this section, building changes, improvements, and/or expansions which costs exceed fifty percent (50%) of the assessed value of the building as set by the Lucas County Auditor may be permitted by the Zoning Administrator (or designee) without the complete upgrade to meet the standards of this section, provided they are reasonable in relation to the scale and construction cost of the building improvements or expansion and they do not increase or perpetuate a legal non-conformity with the requirements of this section. Major exterior renovations must be consistent with the building design standards herein to the extent deemed practical.
(c) Minor Improvements to Buildings. For buildings existing prior to the effective date of this Section, minor changes, improvements, and modifications may be approved administratively provided the improvements do not increase the nonconformity with the requirements of this any section of the City of Maumee municipal code or Zoning Ordinance. Any improvement in which the total cost does not exceed twenty-five percent (25%) of the assessed value of the building as set by the Lucas County Auditor shall be considered a minor improvement. In either case the Zoning Administrator may require compliance with current standards.
(d) All structures within the C-3, Uptown Commercial District.
(1) Change of use. Any change of use within an existing structure in the C-3 Zoning District shall be subject to the fenestration requirements of this section and the exterior wall design standards specific to materials. Additionally, to the greatest extent practical as determined by the Zoning Administrator (or designee), all structures shall use historically accurate restoration as approved by the Zoning Administrator and/or via original photographs. All other provisions of this section shall be at the discretion of the Zoning Administrator subject to section 1105.03; and/or
(2) Interior and/or exterior modifications to a legal nonconforming structure. Any interior or exterior modifications to a legal nonconforming structure within the C-3 Zoning District may be subject to the same provisions as those noted for a change of use. This determination shall be at the discretion of the Zoning Administrator (or designee); and/or
(3) Applicability if no longer deemed a legal nonconforming structure. For purposes of this section, a legal nonconforming structure within the C-3 Zoning District shall consist of any structure within which a use does not cease for a period of less than three (3) months or does not remain vacant for more than six (6) months. If the use ceases for greater than three (3) months, the structure will be subject to all of the design standards outlined in Sections 1136.05, 1136.06, and 1136.07 of this Chapter.
(e) Modification of Standards. The Zoning Administrator (or designee) will perform an independent site review analysis and may allow the applicant to deviate from zoning regulations if unique or restrictive circumstances exist.
(Ord. 093-2020. Passed 7-6-20.)
1136.03 PROCEDURES/RELATED APPROVALS FOR NON-CM ZONING DISTRICTS.
In all zoning districts other than C-M, an applicant for Site Plan approval shall file with the Site Plan, all supporting documentation and such additional information as is necessary to determine compliance with the applicable Design Standards and landscape requirements of this Chapter. Such additional information shall include:
(a) Illustrations of all elevations of all structures, walls, fences, and accessory structures;
(b) Color boards or samples for all exterior colors;
(c) Samples of all exterior materials;
(d) Drawings or photographs of all exterior illumination;
(e) Landscape plans; and
(f) Any other information necessary to determine compliance with this Chapter.
(Ord. 093-2020. Passed 7-6-20.)
1136.04 PROCEDURES/RELATED APPROVALS FOR CM ZONING DISTRICTS.
Within C-M Zoning Districts, an applicant for Site Plan approval shall, prior to the filing of a Site Plan with the Zoning Administrator, apply for and receive building preliminary, general architectural approval from the applicable C-M Architectural Committee. Proof of approval and a copy of the approved architectural plans shall be filed with the Zoning Administrator concurrently with the Site Plan and supporting documentation. Approval by a C-M Architectural Committee which has applied standards meeting or exceeding the minimum requirements of this Code shall constitute compliance with design standards requirements.
(Ord. 093-2020. Passed 7-6-20.)
1136.05 EXTERIOR WALL STANDARDS.
(a) Colors. Information on building colors must be submitted with the site plan and considered to be part of any Site Plan approval under Chapter 1135. Colors must be architecturally compatible with the surrounding area and as agreed to by the City Administrator and Zoning Administrator (or designee).
(b) Wall Materials. The use of exterior wall materials on walls (including those on accessory structures) that are visible from a public road, alley, or a parking lot must be incompliance with the maximum percentages permitted in the "Table of Acceptable Exterior Wall Materials," unless otherwise provided per the footnotes on subsections (c)(2) through (5) of this section and must also demonstrate Architectural compatibility with both all structures on the property and those in the surrounding neighborhood.
Table of Acceptable Exterior Wall Materials | ||||||
Building Materials | Maximum Percent of Wall That May be Covered by Certain Building Materials by Zoning District (see Subsections (1) and (2)) | |||||
R-3 R-4 | C-1 C-2 | C-3 | C-4 | M-1 | M-2 | |
Brick, face brick, or structural single wythe wall/veneer | 100% | 75% | 75% | 75% | 75% | 75% |
Stone (cut) | 100% | 75% | 75% | 75% | 75% | 75% |
Burnished concrete block | NP | 15% | NP | 50%(6) | 50%(6) | 50%(6) |
Cast stone (5) | 100% | 75% | 75% | 75% | 50% | 50% |
Precast concrete | NP | NP | NP(7) | NP(7) | 75% | 75% |
Concrete formed in place | NP | NP | NP(7) | NP(7) | 75% | 75% |
Metal | NP | NP | NP(8) | NP(8) | 100%(3, 10) | 100% (3, 10) |
Reflective glass | NP | NP | NP | NP | 50% | 50% |
Glass Block | 25% | 15% | NP | 25% | 25% | 25% |
Cement board siding | 100% | 50% | 50% | 50% | 50% | 50% |
Wood siding (9) | 100% | NP | NP | 25% | 25% | 25% |
Vinyl siding (12) | 30% | NP | NP | 15% | NP(11) | NP(11) |
Finishes (4) | 50% | 50% | 50% | 50% | 50% | 50% |
Key: NP = Not permitted.
Footnotes to the Table of Acceptable [Exterior] Wall Materials.
(1) Does not include facade areas consisting of doors and windows.
(2) All walls exposed to public view from a public street, alley or an adjacent residential area must be constructed of not less than seventy-five percent (75%) brick, face brick, stone or cast stone.
(3) Includes flat sheets and seamed or ribbed panels, including aluminum, porcelain and stainless steel and similar material. Such materials cannot be used where contact with vehicles may occur, such as parking areas, traffic ways, and loading areas, unless such walls are adequately protected to prevent damage.
(4) Includes fiberglass, reinforced decorative stamped, colored concrete, polymer plastic (fypon), exterior insulation and finishing systems (EIFS), plaster, stucco and similar materials. The Zoning Administrator (or designee) may increase the percentage of wall that can be clad in finishes if they are designed to mimic the appearance of another approved finish (e.g., EIFS designed to look like cut stone) or other embellishments are added to the building facade (e.g., window and door trim, cornices, etc.), per the criteria set forth in subsection (c)(4) of this section. Such materials cannot be used where contact with vehicles may occur, such as parking areas, traffic ways, and loading areas, unless such walls are adequately protected to prevent damage.
(a) Material used in the C-3 district shall match the historical characteristic of the district.
(5) Cast stone, including lightweight artificial stone products, must complement other materials found in the surrounding area and be approved by the and Zoning Administrator (or designee) upon the review of building facade elevations submitted by the applicant.
(6) A maximum coverage of fifty (50) percent burnished concrete block is permitted in the C-4, M-1, and M-2 districts only upon special approval from the Zoning Administrator (or designee) where the applicant demonstrates special conditions that limit use of other materials and demonstration that other site and building design enhancements are provided. The height limit for burnished concrete block is six (6) feet.
(7) Parking structures may use precast concrete or concrete formed in place if approved by the Zoning Administrator (or designee) upon the review of building facade elevations submitted by the applicant.
(8) Decorative metal and other embellishments may be used if approved by the Zoning Administrator (or designee) upon the review of building facade elevations submitted by the applicant.
(9) Must be clapboard, cedar shingles, or similar materials approved by the Zoning Administrator (or designee) upon the review of building façade elevations submitted by the applicant. Any grade of plywood, oriented strand board (OSB), T-111 siding, and similar materials are strictly prohibited on any portion of a structure because they are not finished building materials and do not under any circumstances weather like the other reference exterior/wall materials.
(10) The exterior wall of the office area of an industrial structure shall consist of any mixture of material permitted in the C-4 zoning district or other materials approved by the Zoning Administrator (or designee).
(11) The preferred product is a cementus material.
(12) Siding may not protrude beyond a window or door casing except under special circumstances which shall be approved at the discretion of the Zoning Administrator.
(c) Allowance for Other Materials. The Zoning Administrator (or designee) may waive strict compliance with the subsection (b) of this Section when the qualities listed below can be demonstrated. Review and consultation by the appropriate design professional is encouraged before a final determination is made. The proposed building design and materials schedule must be accompanied by a written design statement which describes how the selected wall materials and material combinations will be consistent with and enhance the building design.
(1) The design and materials are found to be in keeping with the character and history of the neighborhood or other area of the city;
(2) The materials are found to be permanent and durable;
(3) The design and materials are compatible with the type of use and development proposed;
(4) The design and materials can easily be adapted to another use in the future; and
(5) The design and materials meet the intent of this section.
(d) Mixture of Materials. The application of these standards promotes integration and mixture of materials where more than one (1) material is used on a building. If only one (1) material is used, architectural detailing and articulation, massing, texture and form must be introduced into the building design, unless otherwise specified in the Table of Acceptable Exterior Wall Materials (see subsection (b) of this Section). Building roof materials must be in harmony with the style and materials used on the building walls.
(e) Long Walls. When building walls are seventy-five (75) feet or greater in length, design variations must be applied to assure that the building is not monotonous in appearance. Such variations include but are not limited to the following:
(1) Recesses and projections along the building facade, which must be a minimum of one (1) foot in depth;
(2) Architectural details or features;
(3) Enhanced ornamentation around building entryways;
(4) Landscaping for which size, species, and number are acceptable to the Zoning Administrator;
(5) Streetscape elements; and
(6) Variations in building height.
(Ord. 093-2020. Passed 7-6-20.)
1136.06 ROOF DESIGN STANDARDS FOR ALL STRUCTURES.
(a) Compatible Design Character. Roof design and materials are considered to be key elements to the city character, and thus must be consistent with the character of the neighborhood or other areas of the city regardless of the zoning district. As a part of building design, roofs must be designed in keeping with the overall architecture of the building and other structures located on the same property (see Section 1136.05 (d)).
(b) Roof Materials. The following regulations apply to roof materials:
(1) Asphalt, fiberglass, tile, slate or cedar shingles may be used in all districts.
(2) Metal roof systems may be permitted by the chief building official and zoning administrator (or designee), based upon installation quality, panel design, coating quality, metal type, and metal thickness. However, a sample must be provided to verify each of the above requirements before its use can be considered. The color must also be subtle and compatible with the exterior building materials.
(3) Roofing materials shall be the same material and color on all on-site structures unless deemed an accent by the Zoning Administrator (or designee).
(c) Roof Style in the Residential Districts. These districts are intended to maintain a residential character in the city and to be compatible with the neighborhood. To meet this intent the following roof style elements are required:
(1) Peaked roofs are required in single and two-family districts unless approved by the Zoning Administrator and Chief Building Official. In which case, the applicant must demonstrate the architectural reason and subsequent compatibility with the surrounding area.
(2) All roofs must be gambrel, hip or gable roof styles. The Chief Building Official and Zoning Administrator (or designee) may approve the use of shed roofs for porches and other extensions of the primary structure, provided that they comprise (in aggregate) no more that twenty-five percent (25%) of the total square footage of the roofs and/or are demonstrated to be necessary to provide architectural compatibility.
(3) Additional roofline treatments are encouraged and may be required by the Chief Building Official and Zoning Administrator (or designee) in order to minimize the mass of the roof and in order to promote the residential character. These treatments include, but are not limited to offset rooflines, dormer windows, cupolas, additional accent gables and covered entryways.
(d) Roof Style in the C-3 District. New building construction must blend with the existing established building line of the Uptown Commercial District. The buildings must be a minimum of two (2) stories and story height shall be a minimum of twelve (12) feet for the first story and nine (9) feet thereafter. Roofs must be flat or sloped with a maximum 2/12 pitch and a minimum three-foot high parapet and decorative cornices, in keeping with the historic architecture of the Uptown Commercial District. An enclosure must be provided that is at least one (1) foot higher than rooftop mechanical equipment that is taller than three (3) feet. Building material for this screening must be approved by the Chief Building Official and the Zoning Administrator.
(e) Roof Style in the C-1 District. New building construction in this district should attempt to emulate the design character and history of the residential neighborhoods which often surround this district. At the same time, the buildings must accommodate the types of uses and sites proposed. As such, the following roof styles are required:
(1) Additional roofline treatments are encouraged and may be required by the Zoning Administrator (or designee) in order to minimize the mass of the roof and in order to promote the residential character when appropriate. These treatments include, but are not limited to dormer windows, cupolas, additional accent gables and covered entryways; and
(2) The Zoning Administrator (or designee) may allow a gentler pitched roof including a flat roof with a minimum three-foot high parapet and decorative cornices consistent with the design standards of subsection (d) of this section.
(f) Roof Style in the C-2, C-4, M-1, and M-2 Districts. New building construction in these districts should complement their surroundings. 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 Zoning Administrator. At the same time, the buildings must accommodate the types of uses and sites proposed. As such, the following roof styles are required:
(1) The roofs of large buildings (i.e., two thousand (2,000) square feet or greater) may be flat as long as a minimum three-foot high parapet at least three (3) feet high and decorative cornices consistent with the design standards of subsection (d) of this section are part of the roof design. A peaked roof is required for smaller structures and extensions of larger buildings; and
(g) Screening Rooftop Equipment. New or replacement rooftop equipment, including but not limited to, HVAC, kitchen vents, hood or exhausts equipment, shall be screened from view of adjacent properties and the nearest public rights-of-way and the nearest public rights-of-way on all sides the property. The method to screen rooftop equipment must complement the buildings color sale, materials, and architectural style unless the Chief Building Official and/or Zoning Administrator can demonstrate a hardship which requires modification and/or waiving this requirement. Rooftop screening on a one story structures may be accomplished by using ground level vegetation that will mature in growth within five (5) years at the time of planting; location of the planting will be at the discretion of the Zoning Administrator (or designee). The Zoning Administrator (or designee) may require cross-section details to confirm compliance.
(Ord. 093-2020. Passed 7-6-20.)
1136.07 FENESTRATION REQUIREMENTS FOR ALL NEW BUILDINGS, AND WHERE PRACTICAL IN REHABBED BUILDING IN THE R-4, C-1, C-2, C-3, AND C-4 DISTRICTS.
(a) In R-4, C-1, C-2 and C-4 Districts, windows and doors must comprise at least forty percent (40%) of the first floor front facade of a building and the bottom of a window shall be no more than three (3) feet above grade except under special circumstances which shall be approved at the discretion of the Zoning Administrator.
(b) In the C-3 District, windows and doors must comprise at least seventy percent (70%) of the first floor front facade of a building and the bottom of a window shall be no more than three (3) feet above grade except under special circumstances which shall be approved at the discretion of the Zoning Administrator.
(c) The window area of a facade above the first floor shall be a minimum of thirty-five percent (35%) and cannot exceed sixty-five percent (65%) of the total facade area of that floor.
(d) Windows above the first floor must be vertical in proportion (whether a single unit or combined units) unless deemed impractical due to structural limitations in which case all windows must be broken-up to maintain the same vertical proportion.
(e) Windows and glass doors must be clear glass and not tinted. Samples complete with a VLT rating of seventy-five percent (75%) or higher shall be provided in advance of installation to ensure compliance with this requirement. The appropriate light transference shall be determined by the Chief Building Official and the Zoning Administrator.
(f) Fixed hung windows must be used in all retail and store front applications unless a deviance from this standard can be shown to be architecturally compatible and/or shown to accentuate the district in which it is located.
(g) Sliding windows will not be permitted in the C-3 District, while sliding doors will be permitted above the ground floor in the C-3 District provided a balcony is installed in accordance with the building code, is architecturally compatible with the structure, and constructed of an all-weather material approved at the discretion of the Zoning Administrator. Wood or other porous material shall be prohibited.
(h) Vinyl and fiberglass windows in the C-3 District are strictly prohibited.
(i) Windows and doors in the C-3 District shall maintain a uniform finish for all fenestration openings in the building they are installed, and, the windows and doors shall be architecturally compatible with the historic characteristics of the buildings in the C-3 District.
(j) Windows and doors in all other districts shall maintain a uniform finish for all fenestration openings in the building they are installed, and, the windows and doors shall be architecturally compatible the general characteristics of the buildings in the respective district.
(k) Replacement windows or doors shall not serve to reduce the dimension of an existing opening.
(l) Window areas cannot be permanently blocked in a manner that obstructs views into the buildings.
Fenestration Example
(Ord. 093-2020. Passed 7-6-20.)
1136.08 PARKING LOTS AND SITE STANDARDS.
Parking areas shall be designed so as to maximize accessibility and convenience, while ensuring that parking does not dominate the streetscape and site design and shall be subject to the following conditions:
(a) The design of parking facilities shall define spaces for safe pedestrian movement and spaces where people change modes of travel. Parking areas in excess of one-hundred (100) parking spaces must provide pedestrian walkways that are separate and distinguished from parking or vehicular circulation. Walkways may cross parking aisles or driveways if distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt to enhance pedestrian safety and comfort. When appropriate, crosswalks may be required to be a "Table Top" design. The Zoning Administrator shall, at their discretion, approve the location, materials and design of all walkways and crosswalks.
(b) Placing large amounts of parking between the front door of buildings and the adjacent street contributes to a formless arrival experience for users, and creates a detached relationship between the primary building and the street. When not prohibited by another section of this code, the placement of all off-street parking between the front facade of the principal building and the primary abutting street(s) shall be avoided unless approved at the discretion of the City Administrator and Zoning Administrator. If the Zoning Administrator approves off-street parking spaces to be located between the front facade of the principal building and the Primary Street(s) abutting the site, then additional landscaping, mounding and/or buffering between the parking area and the primary street(s) may be required as a condition of this approval.
(c) In order to reduce the scale of parking areas, no single parking area shall exceed one hundred (100) spaces unless divided into two or more sub-areas separated from each other by a buffer strip consisting of landscaping, access drives or public streets, pedestrian walkways, or buildings. This requirement is in addition to the requirements imposed by Chapters 1145 (Minimum Landscape Requirements) and 1141 (Off-Street Parking and Loading). Safe and clearly defined pedestrian walkways, leading to store entrances, must be provided within large parking lots.
(d) Large parking areas in multiple building developments shall be divided into small lots related to the buildings served.
(e) Site design shall include an external orientation to the public street, and an internal orientation to the surrounding neighborhood with connected open space and pedestrian pathways.
(1) The primary entrance of the building(s) shall be located on the facade facing the street.
(2) Site design emphasis should be given to the pedestrian, rather than the auto through placement of parking to the side or rear of the building, rather than in front.
(3) When physical site limitations such as topography; existing trees or other natural features or special circumstances prevent the main entrance from being located on the street-facing facade, the Zoning Administrator may, at their discretion, approve the building oriented to a courtyard or other feature with a prominent pedestrian entrance and clear connection to the public sidewalk.
(Ord. 093-2020. Passed 7-6-20.)
1136.09 PEDESTRIAN CIRCULATION.
An integrated pedestrian circulation system should be provided throughout the development with minimal contact points between pedestrians and vehicular paths. All sites and developments shall feature a fully integrated pedestrian circulation system, connecting buildings, structures, open space, and parking areas with the adjacent street sidewalk system. Pedestrian circulation shall consist of sidewalks, walkways, crosswalks or designated pathways, raised or otherwise separated and distinguished from parking and vehicular circulation and subject to the following conditions:
(a) At least one continuous internal pedestrian connecting walkway for each primary street frontage, no less than eight (8) feet and no more than twelve (12) feet in width and clear of any vehicle overhangs, shall be provided from the public sidewalk or right-of-way linking the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature items such as adjoining landscaped areas that includes trees, shrubs, benches, flower beds, planters, groundcover, or other such materials for no less than thirty percent (30%) of its length. The location and width of the pedestrian connecting walkway shall be approved at the discretion of the Zoning Administrator.
(b) Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located an average of six (6) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades, display windows, planters or entryways are part of the facade. The location and width of all sidewalks shall be approved at the discretion of the Zoning Administrator but at no time shall the required width of any sidewalk be less than six (6) feet or more than twelve (12) feet and be clear of any vehicle overhangs.
(c) Customer entrances shall have weather protection features such as awnings, pergolas, porticos, arcades, or vestibules approved at the discretion of the Zoning Administrator.
(d) All internal pedestrian walkways may cross parking aisles or driveways and shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete, or scored and painted asphalt to enhance pedestrian safety and comfort. When appropriate, crosswalk may be required to be a "Table Top" design. The Zoning Administrator shall, at their discretion, approve the location, materials and design of all crosswalks.
(Ord. 093-2020. Passed 7-6-20.)
1136.10 LANDSCAPING AND SCREENING.
1136.11 BUILDING DESIGN ACCENT STANDARDS.
(a) Front Facade. Blank walls cannot face a public street. Walls facing a public street must include windows and architectural features customarily found on the front facade of a building, such as awnings, cornice work, edge detailing or other decorative finish materials. A prominent and usable public building entrance must be provided at the front of the building. Wall massing must be broken up with vertical pilasters or other architectural elements to reduce scale.
(b) Pedestrian Orientation. Buildings must be designed at a pedestrian scale with relationship to the street and sidewalk. Buildings must include windows that face the sidewalk and street. Convenient and safe pedestrian access must be provided between the public sidewalk and the building entrance.
(c) Awnings. Awnings with straight sheds may supplement facades. Awnings cannot be cubed or curved except over doorways. Translucent or internally lit cloth awnings will not be permitted. However, metal awnings may be internally lit provided there is a solid metal roof and all lighting complies with section 1136.13 of this Chapter. In no case may awnings be designed to cover more than twenty percent (20%) of the height of each story of a building.
(d) Canopies. Canopies, such as over gasoline pumps or drive-through structures, must be designed to be consistent with the approved building materials and colors. Support columns must be brick or comprised of materials compatible with the principal structure. The zoning administrator (or designee) or planning commission may require a peaked roof to complement the principal building. Any canopy lighting must be flush with the canopy.
(e) Neon. Exposed neon will not be permitted on a building.
(f) Quality and Workmanship. This section is not intended to regulate the quality, workmanship and requirements for materials relative to strength and durability.
(Ord. 093-2020. Passed 7-6-20.)
1136.12 BUILDING DESIGN STANDARDS FOR ONE-FAMILY AND TWO-FAMILY DWELLING UNITS.
(a) The following are building design standards for one-family and two-family dwelling units.
(1) Applicability. The regulations of this subsection apply to one-family and two-family dwelling unit construction under the following circumstances:
A. New dwellings. All new one-family and two-family dwelling construction that requires a building permit after the effective date of this section must fully comply with the design standards of this subsection.
B. Expansions to dwellings. For dwellings existing prior to the effective date of this section, major improvements or expansions that require a building permit may be permitted without a complete upgrade to meet the standards of this subsection. Reasonable improvements are required in relation to the scale and construction cost of the project. All exterior renovations must be consistent with the building design standards herein to the extent deemed practical by the Chief Building Official and the Zoning Administrator.
C. Minor improvements to dwellings. For dwellings existing prior to the effective date of this section, minor changes, improvements, and modifications that require a building permit will not be required to comply with this subsection, provided the improvements do not increase or perpetuate non-comformity of the structure or the site with the requirements of this subsection.
(2) Intent. The purpose of this subsection is to establish standards and regulations governing the location and appearance of one-family and two-family dwelling units in the City of Maumee that are either developed as a new neighborhood or as in-fill housing in an existing neighborhood. It is the intent of these regulations to allow a mix of housing types and living styles in a manner that will not adversely affect existing neighborhoods. For this reason, standards have been set that will regulate the appearance of one-family and two-family dwellings, allowing only those that are compatibly similar in appearance to houses on individual lots in all zoning districts that allow one-family and two-family residences. These regulations will not apply to one-family dwellings located within a state licensed manufacturing housing community.
(3) Permits. Prior to the construction or installation of a one-family or two-family dwelling unit on a residential lot, the individual must obtain a building permit from the Chief Building Official and a zoning permit from the Zoning Administrator (or designee).
(4) General appearance and site standards. To ensure the compatibility in appearance of one-family and two-family dwelling units, such units must meet the following design and site standards:
A. Be constructed to the most current local, state and federal building standards.
B. Have a minimum dimension of twenty (20) feet.
C. Comply with the gross floor area and lot coverage standards for one-family or two-family dwelling units set forth in Chapter 1125. To ensure that neighboring dwellings are compatible in scale and mass, the city may require units to be not less than ninety percent (90%) and no more than one hundred thirty-five percent (135%) of the average floor area and lot coverage of other one-family or two-family dwelling units within three hundred (300) feet of the subject lot, including dwelling units on both sides of the street of the same block.
D. Have two (2) exterior doors (front and rear, or front and side), and where there is a difference in ground elevation, steps must be permanently attached on a frost depth foundation either to the perimeter wall or to porches connected to the perimeter wall.
E. Have a minimum eight-inch eave and rake (i.e., overhang), and with a drainage system that will collect and concentrate the discharge of storm water or snow away from the sides of the dwelling. The roof must have wood shake, asphalt or other acceptable shingles, and meet the snow load standards for this portion of the State of Ohio. Metal roof systems may be permitted by the Zoning Administrator (or designee) based upon installation quality, panel design, coating quality, metal type, and metal thickness.
F. Have an exterior finish architecturally compatible to that of other similar homes in the surrounding area. Plywood, oriented strand board (OSB), T-111 siding, and similar materials are strictly prohibited.
G. Be firmly attached to a permanent foundation constructed on the site in accordance with the Ohio Residential Building Code and must have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for one-family or two-family dwellings.
H. Have a design and appearance determined to be compatible by the Zoning Administrator (or designee) upon review of the plans submitted for a particular dwelling. An aggrieved party may appeal the Zoning Administrator's decision to the Zoning Board of Appeals.
Compatibility is based upon the character, design and appearance of one (1) or more residential dwellings within three hundred (300) feet of the subject dwelling provided the surrounding existing dwellings considered are located outside of a manufactured housing community. The foregoing will not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard design homes.
I. Be connected to the public sewer, storm and water utilities operated by the City of Maumee.
J. Orient all dwelling units toward the public right-of-way such that the facade that faces the street contains a door, windows and other architectural features customary of the front facade of a residence.
K. Provide concrete sidewalks in accordance with the standard required by the Chief Building Official and the Zoning Administrator within the dedicated right-of-way along the frontage length of all parcels. The portion of the sidewalk that crosses the driveway shall be of a different material, unless concrete, and float separately from the driveway and approach. An inclined approach is required where sidewalks intersect curbs for barrier free access. The inclined approach must comply with grades established by ODOT. Required sidewalks may be installed following the construction of the dwelling unit. However, a certificate of occupancy will not be issued until the sidewalk is installed along the individual lot's frontages. If the Zoning Administrator determines that, due to weather conditions, sidewalk installation should be delayed, a certificate of occupancy may be issued. In which case, a performance guarantee must be provided to the City. The sidewalk must be installed within six (6) months of issuance of the certificate of occupancy. The Zoning Administrator will schedule a follow-up inspection.
L. All residential driveways shall have a concrete approach and a hard-surfaced driveway of concrete or plant-mixed bituminous material in accordance with specifications of the City. Approaches must have a compacted six (6) inches thick base and be six (6) inches thick, concrete, with the sidewalk floating separate from approaches. The maximum width of a residential approach shall not exceed twenty (22) feet at the curb line which includes tapers and twenty (20) feet wide in the front yard of a structure or property The minimum asphalt depth for driveways must be three (3) inches. The minimum concrete depth for driveways must be four (4) inches. Up to two (2) dwellings may be permitted to share a driveway provided it complies with these construction standards.
M. The provisions of this subsection will not apply to manufactured homes situated in licensed manufactured housing communities.
N. In all zoning districts accessory structures must comply with the standards of Chapter 1133. The exterior material and roof line shall compliment the exterior material and roof style of the principle structure. The Zoning Administrator (or designee) may approve a different siding that compliments the principal structure. Plywood, oriented strand board (OSB), T-111 siding and similar materials are strictly prohibited. (Ord. 093-2020. Passed 7-6-20.)
1136.13 LIGHTING STANDARDS.
(a) When used in this section, the following definitions shall apply:
(1) “Average illumination” means the overall average of all points on the surface of the illuminated area including the brightest and dimmest points.
(2) “Canopy structure” means any overhead protective structure, which is constructed in a manner to allow pedestrians/vehicles to pass under.
(3) “Flood light” means a fixture designed to "flood" a well-defined area with light.
(4) “Footcandle (fc)” means a unit of illumination produced on a surface all points of which are one (1) foot from a uniform point source equivalent to one candle in brightness of illumination.
(5) “Glare” means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility (e.g., blinding light). The magnitude of glare depends on factors such as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.
(6) “Lamp” means the component of the luminaire that produces the actual light including luminous tube lighting.
(7) “Lamp lumen depreciation (LLD)” means a factor (i.e., between 0.0 and 1.0) used to describe how the lamp output changes with time compared to the initial output. Typical LLD factors (depending principally on lamp type) for outdoor lighting types are as follows: metal halide: 0.84, compact fluorescent: 0.85, high pressure sodium: 0.91 and mercury vapor: 0.79.
(8) “Light loss factor (LLF)” means a factor (i.e., between 0.0 and 1.0) describing light output of a luminaire after losses due to dirt accumulation (i.e., luminaire dirt depreciation (LDD)) and lamp lumen depreciation (LLD), relative to the output when the lamp and luminaire are new (i.e., LLF = LDD × LLD).
(9) “Light fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.
(10) “Light pollution” means artificial light which causes a detrimental effect on the environment, enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent properties.
(11) “Light trespass” means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
(12) “Luminaire” means the complete lighting system including the lamp and light fixture.
(13) “Luminaire dirt depreciation (LDD)” means a factor (i.e., between 0.0 and 1.0) used to describe how much light produced by the lamp is lost to dirt accumulation and other changes in the optical characteristics of the luminaire, relative to the value when the luminaire is new, depending on the quality of the luminaire, materials used, maintenance, and environment.
(14) “Mounting height” means the vertical distance between the surface to be illuminated and the bottom of the light source.
(15) “Outdoor light fixtures” mean outdoor artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, used for flood lighting, general illumination or advertisement.
(16) “Shielded fixture” means outdoor light fixtures constructed so that light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted (i.e. a shoebox-type fixture or a cutoff fixture as defined by the Illuminating Engineering Society of North America) and meet the "Dark Sky Society" recommendations. The fixtures almost always have a flat, horizontally oriented lens and opaque (usually metal) sides. A luminaire mounted in a recessed fashion under a canopy or other structure so that the surrounding structure effectively shields the light in the same manner is also considered fully shielded for the purposes of this section.
(17) “Spot light” means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp.
(18) “Uniformity” means a measure indicating how evenly light is distributed across a surface. Typically the measure is expressed as a ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios, perfect uniformity would be 1:1.
Lamp Lumens
(b) Intent and Purpose. The purpose of this section is to protect the health, safety and welfare of the public by recognizing the need for buildings and sites to be illuminated for safety, security and visibility for pedestrians and motorists balanced against the often detrimental effects associated with the use of outdoor lighting. This section provides standards for various forms of lighting that will minimize light pollution; reduce the potential for off-site impacts; preserve the restful quality of nighttime by eliminating intrusive artificial light and lighting that unnecessarily contributes to sky glow; reduce light pollution and light trespass from light sources onto adjacent properties; enhance customer and employee safety; contribute to improving visibility by requiring illuminated areas to have uniform light; and curtail the degradation of the nighttime visual environment.
(c) Applicability. The standards in this section apply to any light source visible beyond the property from which it is emanating. The Zoning Administrator (or designee) may review any building or site to determine compliance with the requirements under this section. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or illuminated signs, a conditional use permit, subdivision approval or Site Plan approval from the city, the applicant must submit sufficient information to enable the Zoning Administrator (or designee) or Planning Commission to determine whether the proposed lighting will comply with this section.
(d) Exemptions.
(1) Street lights located in a public right-of-way or another public easement is exempt from the lighting requirements of this chapter without any conditions.
(2) The following are exempt from the lighting requirements of this chapter, provided that they do not shine beyond the property line and have no glare or other detrimental effects on adjoining streets or property owners:
A. Residential lighting associated with one- and two-family dwellings.
B. Private swimming pools;
C. Holiday decorations; and
D. Window displays only if they are below 500 lumens.
(e) Submittal Requirements. The following information must be included for all Site Plan submissions which include any existing or new exterior lighting and where site plan approval is not required, some or all of the items may be required by the Zoning Administrator (or designee) prior to zoning approval or lighting installation:
(1) The location of all outdoor lighting fixtures, including but not limited to pole-mounted, building-mounted (including outline lighting), architectural accent, landscape (including walkway bollards), and canopy light fixtures on the site plan and building elevations;
(2) A photometric grid overlaid on the proposed site plan indicating the light intensity throughout the site (in footcandles (fc)). Measurements must be at ground level and shown at ten-foot spacing;
(3) The manufacturer's specification sheets and details for the type of fixture being proposed including but not limited to light intensity levels (in footcandles (fc)) at ground level based on fixture mounting height, the total lumen output, type of lamp, distribution type and method of shielding;
(4) The maximum and minimum foot candle (fc) calculations, minimum-to-maximum and minimum-to-average uniformity ratios, and the light loss factor (LLF) used. These statistics must be provided for areas where vehicular and pedestrian movement is provided for and for other areas as necessary to show compliance with standards of subsection (g) of this section.
(5) Use of fixture(s) proposed; and
(6) Any other information deemed necessary by the Zoning Administrator in accordance with the intent and purpose of this section.
(f) General Standards.
(1) Unless otherwise permitted within subsection 1136.13 (d) or subsection 1136.13 (g), only shielded fixtures as defined in Section 1136.13 (a) may be used. Any interior light fixtures that are deemed to be causing glare and therefore not meeting the purpose or intent of this Chapter must be shielded to prevent glare outside the building and do not shine beyond the property line.
(2) Decorative fixtures using lamps with low wattages do not have to be shielded; these include incandescent lamps of sixty (60) watts or less; glass tubes filled with neon, argon and krypton; and any other light source of fifty (50) watts or less. Decorative luminaries above fifty (50) watts must have internal and/or external reflectors that shield the light source.
(3) It is recognized that metal halide LED, inductive, and fluorescent lamps are superior lights for color and object recognition when compared to other lamp types such as low and high pressure sodium or mercury vapor. Therefore, use of metal halide, LED, inductive, and fluorescent lamps is required unless the Zoning Administrator (or designee) or Planning Commission determines that unique circumstances exist that prevent installation of the required lamp types. It is also recognized that as the lighting industry develops, new lamp types are occasionally introduced that may have similar characteristics as the currently required types that may also be desirable for use in outdoor lighting.
(4) The intensity of light on a site must not exceed one-half of one-tenth (0.05) of a foot candle (fc) at any property line that abuts a residentially zoned property or half (0.5) of a foot candle (fc) for any other zoned property.
(5) All exterior lighting must be designed in a consistent and coordinated manner for the entire site.
(6) Indirect internal illumination of signs and canopies is permitted provided a maximum one hundred twenty-five (125) watt bulb is utilized and the transmittal surface is of a color and material that effectively shields lamps. This does not take into consideration fluorescent, LED, or neon light sources typically used in these applications.
(g) Lighting Intensity and Uniformity Standards.
(1) Table of standards. The following lighting intensity and uniformity standards must be used in designing an outdoor lighting plan as required within subsection (e) of this chapter.
Table of Lighting Intensity and Uniformity Standards | ||||
Light Use | Required Average to Minimum Uniformity Ratio (b) | Required Minimum Footcandle (fc) Reading (b) | Maximum Allowable Average Illumination (b) | Maximum Allowable Footcandle (fc) Reading (b) |
The C-4 district | 4:1 | n/a | 5.0 fc | No more than 20 fc in addressed front yards or 10 fc in non-addressed front yards. |
All other districts | No more than 10 fc in addressed front yards or 5 fc in non-addressed front yards. | |||
Pump islands of gasoline stations | 4:1 | Between 1.0 fc and 5.0 fc | 22.0 fc directly under the canopy | |
Building facades and externally illuminated signs (c) | n/a | |||
Building entrances | 4:1 | n/a | 5.0 fc, active, and | n/a |
1.0 fc, inactive | ||||
Parking lots 2d | 4:1 | Between 0.2 fc and 0.7 fc | n/a | n/a |
Security lighting | n/a | n/a | 1.5 fc | n/a |
Exterior recreational facilities | See subsection (f)(3) of this section | |||
(2) Footnotes to the table.
A. The above statistics should only be applied to the area of each site devoted to the particular use. For example, a gas station/restaurant combination may have an area dedicated as a parking lot for the restaurant patrons and in addition have a pump island canopy. In this scenario two sets of statistics would need to be generated; one set for the parking lot and the other set for the canopy area.
B. Measurements for average to minimum uniformity ratio, required minimum foot candle (fc) reading, maximum allowable average illumination and maximum allowable foot candle (fc) reading must be generated at the surface intended to be illuminated (e.g., pavement or area surface). These statistics must be provided for areas where vehicular and pedestrian movement is provided for and other areas as necessary to show compliance with standards.
C. Building facades and signs cannot be illuminated if they are of glass, polished metal or other glossy surface including painted surfaces. Building facades cannot be entirely illuminated. Rather, illumination can be for architectural ornament and/or the illumination of small areas for visibility and security. For spotlight fixtures, no less than ninety (90) percent of the light beam must be concentrated on the surface intended to be illuminated. For fixtures mounted directly to a wall surface or sign, external shields or dark colored non-reflective surface materials or other appropriate methods must be used to direct the light perpendicular to the ground and minimize reflectance glare.
D. The maximum height of parking lot light fixtures, from grade, shall be as follows:
Fixture Height
1. Up to twelve (12) feet in a residential district;
2. Up to eighteen (18) feet in a commercial district;
3. Up to twenty-two (22) feet in an industrial district.
(3) Exterior recreational facilities. For exterior recreational facilities, sufficient information must be submitted in addition to that required in subsection (e) of this section that demonstrates that the location, selection and aiming of all lighting fixtures will focus light on the playing areas, minimize glare and visibility from adjacent and nearby properties and roadways and minimize sky glow. A written explanation and statements must be supplied explaining why locations, fixtures types, intensities, orientation of fixtures and other decisions were made. Lighting of sports facilities cannot be operated except during an event and must be turned off no later than forty-five (45) minutes after the event is over.
(4) Uses not specifically listed. For uses not specifically listed within this Section, but determined to be of a type, use and or intensity that may be detrimental to achieving the purpose of this chapter, the Zoning Administrator, depending on the purpose of the lighting, must classify lighting into one of the categories contained in subsection 1136.13 (g) of this chapter. An applicant may appeal an initial classification to the Zoning Administrator, in writing, detailing why more intense lighting or less lighting is necessary. The Zoning Administrator must either approve or deny the appeal based on whether or not sufficient justification has been submitted and whether the proposal meets the intent of this Code. Final determinations of the Zoning Administrator may be appealed to the Zoning Board of Appeals.
(h) Prohibited Outdoor Lighting.
(1) The use of a laser light source, searchlights or any similar high intensity light for outdoor advertisement or entertainment is prohibited except in conjunction with a special event and shall be approved at the discretion of the Zoning Administrator.
(2) Lighting cannot be of a flashing, moving or intermittent type except in conjunction with a special event and shall be approved at the discretion of the Zoning Administrator.
(i) Lamp or Fixture Substitution. Should any light fixture regulated under this section, or the type of light source therein, be changed after the permit has been issued, a change request must be submitted to the Zoning Administrator for approval, together with adequate information to assure compliance with this code, which must be received prior to substitution.
(j) Administration.
(1) An outdoor lighting permit must be issued on a form from the Zoning Administrator (or designee) if it is determined by the Zoning Administrator (or designee) or Planning Commission that a proposal fulfills the requirements and intent and purpose of this chapter. The permit must list what is being approved and contain copies of relevant documents.
(2) The Zoning Administrator has the discretion to require the re-direction of existing light fixtures when it is determined that the fixture is not in compliance with the requirements of this code.
(Ord. 093-2020. Passed 7-6-20.)
1136.14 CONFLICT.
When there is a conflict between Chapter 1136 and another part, chapter or section of the Codified Ordinances of the City of Maumee, the City Administrator, upon consultation with the Zoning Administrator shall determine which part, chapter or section shall apply.
(Ord. 093-2020. Passed 7-6-20.)
1137.01 DEFINITIONS.
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(a) Employee: any person working in the hotel/motel, including clerks, managers, housekeeping staff and maintenance personnel.
(b) Extended stay hotel: one or more structures or buildings containing more than ten (10) separate guest rooms where persons relocating their residence to the area, who's primary residence has been rendered uninhabitable due to fire or natural disaster and is in the process of being reconstructed, or are on temporary work assignment in the area can obtain an accommodation for a fee for a period of time not less than five (5) consecutive days and can exceed thirty (30) consecutive days but shall not exceed twelve (12) months within a consecutive twenty-four (24) month period without a permit. Extended stay hotel guest rooms shall provide separate rooms or defined areas for sleeping, private bathroom, relaxation activities containing standard "living room" style furniture (couch, chairs, television, etc.), and kitchen containing a refrigerator, sink, food preparation area and cooking facilities, and complies with all applicable Life Safety Code or Building Code requirements imposed by the Fire Marshal and is constructed and maintained in accordance with applicable Building, Zoning, Housing and Property Maintenance Codes and approved by the Zoning Administrator and Chief Building Official. Guests must enter through a lobby or foyer and access to all rooms shall be from an interior hallway. The term "extended stay hotel" excludes the terms "dwelling unit" and "dwelling, multi-family". No portion of an extended stay hotel shall be used as a permanent residence. Extended stay hotels shall meet the following additional requirements:
(1) Provide fresh linens before a guest occupies a room, or if the same guest occupies the room for more than two days, at least three times a week;
(2) Clean each accommodation in use daily.
(3) If a garage for motor vehicles is provided, it must be a public garage.
(4) Does not provide other on-premises personal services such as room service, laundry, dry-cleaning, and similar services, or a full service restaurant open to the public.
(c) Hotel: one or more structures or buildings containing more than ten (10) separate guest rooms where a transient guest can obtain an accommodation for a fee to remain on the hotel premises for a period not to exceed thirty (30) consecutive days and which meets the following additional requirements:
(1) Provide fresh linens before a guest occupies a room, or if the same guest occupies the room for more than two days, at least three times a week;
(2) Guests enter through a lobby or foyer and access to all guest rooms is off an interior hallway.
(3) Clean each accommodation in use daily.
(4) Make each accommodation available for a fee on a daily basis; and
(5) If a garage for motor vehicles is provided, it must be a public garage.
(6) Provides various other personal services such as laundry, dry-cleaning, entertainment, and similar services or a full service restaurant open to the public.
The term "hotel" excludes the terms "dwelling unit" and "dwelling, multi-family". No portion of a hotel shall be used as a permanent residence.
(d) Motel: a hotel that provides guests ready access to their vehicles with no interior hallways and does not provide various other personal services such as laundry, dry-cleaning, entertainment, and similar services or a full service restaurant open to the public. No portion of a motel shall be used as a permanent residence.
(e) Owner or authorized agent: the person, firm, association or corporation who is responsible for managing and operating the hotel/motel.
(f) Utensils: drinking glasses, pitchers, and other equipment that is designed to come into contact with potable water, food or beverages during storage, transportation, serving or normal usage.
(Ord. 012-2021. Passed 3-29-21.)
1137.02 LICENSE.
(a) No person directly or indirectly, shall construct, operate or maintain a hotel or motel within the City of Maumee without a license issued by the City of Maumee for the current year's operation. The license shall be displayed to the public in a conspicuous location. The license shall not be transferable or assignable and shall automatically become invalid upon the change of ownership or authorized agent or upon suspension or revocation.
(b) All licenses shall be issued on a calendar year basis (January 1 to December 31) or any part thereof.
(c) All licenses issued by the City of Maumee shall expire on December 31 following the date of issuance.
(d) Every person, firm, association, or corporation who proposes to operate a hotel, motel, or extended stay hotel within the City of Maumee shall apply for a license on forms provided by the city no later than forty-five (45) days prior to the expiration of their license. At the discretion of the Zoning Administrator, an inspection of the hotel, motel or extended stay hotel may be performed upon receipt of an application for a license to operate to ensure there are no existing violations. No license shall be issued to the owner or authorized agent unless the following documents are provided to the city:
(1) A copy of a license issued by the State Fire Marshal for the premises;
(2) A copy of the latest inspection report from the State Fire Marshal;
(3) A copy of the latest inspection report from the local fire inspector;
(4) A letter designating the responsible person at the hotel to whom a notice of violations can be delivered, and who has the authority to act as the owner's or authorized agent's representative in his or her absence.
(5) A copy of the last inspection report completed by the city showing no violations of the provisions of all applicable portions of the City of Maumee's Codified Ordinance including all Zoning, Building, and Fire codes, and state and local nuisance regulations.
(6) Evidence that the property is not delinquent in the payment of property taxes due to the Lucas County Auditor.
(7) Evidence that the hotel, motel or extended stay hotel is not delinquent in the payment of hotel/motel taxes due to the City of Maumee.
(8) Evidence that the owner or company that owns the hotel, manages its operation, its employees and other partners in the case of pass through dividends earned by any LLC or corporation members have filed a City of Maumee income tax return and paid their income taxes and or are deducting said tax form employees checks, including but not limited to Contractors and subcontractors performing work at said property.
(e) All hotels, motels and extended stay hotels within the City of Maumee shall be in compliance with all applicable portions of the City of Maumee's Codified Ordinance and with all other applicable state and local laws and regulations. Any hotel, extended stay hotel or motel that is licensed by the City of Maumee shall be in compliance with the regulations of the City's Building, Zoning, Taxation, Police and Fire Departments and the State Fire Marshal.
(f) Every owner or authorized representative shall maintain a log of complaints from guests at the facility. Such records shall be available for inspection upon request from the Zoning Administrator, Chief Building Official, Police Chief or Fire Chief, or their designee.
(g) Every owner or authorized representative shall maintain a record that includes that name and address of every guest who has stayed for a period of time in excess of fourteen (14) days. The record shall include the dates of check-in and check-out, or if still a guest, the date of check in. When the required monthly income reports are sent to the City of Maumee Tax Department, a copy of this record shall be attached covering the same beginning and ending dates as the income report. The full copy of this record shall be available for inspection upon request from the Zoning Administrator, Chief Building Official, Police Chief or Fire Chief, or their designee.
(h) Any person, firm, association or corporation who, subsequent to January 1 of any year proposes to operate a hotel during any remaining part of the year shall apply for a license not less than thirty (30) days before the hotel is to open.
(i) The owner or authorized agent shall display the license to operate in a prominent location within the hotel, motel or extended stay hotel.
(j) The fee for the annual license shall be set by the Zoning Administrator, City Administrator, and City Law Director but shall not be less than twenty-five dollars ($25.00) per room for hotels and motels, and thirty-five dollars ($35.00) per room for extended stay hotels.
(k) No license shall be issued for any hotel, motel or extended stay hotel which has open violations or unpaid fees or fines.
(Ord. 012-2021. Passed 3-29-21.)
1137.03 EXTENDED STAY PERMIT.
The owner or authorized representative of an extended stay hotel must apply for a permit to allow a guest to stay longer than twelve (12) months in any consecutive twenty-four (24) month period. An Extended Stay Permit Application and accompanying fee must be submitted to the Zoning Administrator prior to the eleventh month of the stay. Applications shall be approved, denied, or modified at the discretion of the Zoning Administrator. The application fee shall be set by the Zoning Administrator, City Administrator and City Law Director but shall not be less than eighty dollars ($80.00).
(Ord. 012-2021. Passed 3-29-21.)
1137.04 INSPECTIONS.
The City of Maumee or its authorized representative shall inspect all hotels, motels and extended stay hotels within its jurisdiction at least twice a year to determine if the facility is in compliance with this Chapter and all other applicable regulations of the City of Maumee Codified Ordinance including all Zoning, Building, Housing and Fire codes, and state and local nuisance regulations. If an employee of the City of Maumee discovers a violation during their normal course of duties outside of a scheduled inspection, they shall notify the Zoning Administrator who shall arrange for a full inspection to take place within two (2) business days. This inspection shall be considered a re-inspection and fees will be the same as provided for in Section 1137.08(d).
(Ord. 012-2021. Passed 3-29-21.)
1137.05 RIGHT OF ENTRY.
(a) The holder of a hotel, motel or extended stay hotel license to operate issued by the City of Maumee shall allow representatives of the City to inspect the hotel at any reasonable time. The manager or owner of each establishment shall give the representatives of the City unlimited access to all areas, accommodations and its premises at all reasonable times for the purpose of conducting such inspections. Every guest of a hotel, motel or extended stay hotel shall give the owner or manager thereof access to their guest room for the purpose of cleaning, maintenance and compliance with this Chapter.
(b) Representative(s) of the City of Maumee shall have the authority to inspect and examine the register containing a record of all guests who have used or who are using the facilities of the hotel, motel or extended stay hotel.
(c) Failure to comply with the provisions of this Section shall result in immediate revocation of the license to operate and vacation of the hotel, motel or extended stay motel by the City of Maumee.
(Ord. 012-2021. Passed 3-29-21.)
1137.06 STAFFING.
Any hotel, motel, or extended stay hotel operating within the jurisdiction of the City of Maumee shall be adequately staffed, on site, twenty-four (24) hours per day to maintain the premises in a safe and sanitary condition at all times and to comply with all of the provisions of this Chapter. (Ord. 012-2021. Passed 3-29-21.)
1137.07 APPEALS.
Any hotel, motel, or extended stay hotel owner or authorized representative may appeal a denial, revocation or suspension of his or her license to operate to the Maumee City Council within thirty (30) days of notification that his or her license to operate has been denied, revoked or suspended. (Ord. 012-2021. Passed 3-29-21.)
1137.08 NOTIFICATION.
(a) Whenever the Zoning Administrator, Chief Building Official, Police Chief, Fire Chief or their designee, determines that there has been a violation of this Chapter or any other regulation of the City of Maumee Codified Ordinance or applicable state and local nuisance regulations, or has grounds to believe a violation has occurred, notice shall be given to the owner or his or her authorized representative.
(b) Such notice shall be in accordance with all of the following:
(1) Be in writing;
(2) Include the name and address of the hotel, motel or extended stay hotel;
(3) Include a statement of violation or violations and why the notice is being issued;
(4) Include a correction order allowing a reasonable time for the owner or authorized representative to bring his facility into compliance.
(5) Include the total amount of fine that must be paid which shall be a minimum of one-hundred dollars ($100.00) for each violation. This amount is in addition to any other civil or criminal penalties provide for by the State of Ohio or the City of Maumee. Each day that a violation exists past the date provided in the correction order for which it must be corrected shall be considered a separate offence.
(c) Notice shall be deemed properly served if a copy thereof is:
(1) Delivered personally;
(2) Sent by certified or first-class mail to the address listed upon the hotel, motel or extended stay hotel License to Operate.
(d) The City of Maumee shall assess a re-inspection fee of not less than one-hundred and sixty dollars ($160.00) per hour for each city employee required to perform the re-inspection, or two-hundred dollars ($200.00) for each City employee required, whichever is greater, for each re-inspection that is required after the initial inspection resulting in the issuance of a notice of violation.
(e) Transfer of Ownership. It shall be unlawful for the owner of any hotel, motel, or extended stay hotel who has received a notice of violation and who is not in compliance with the order to sell, transfer, or lease the facility until the provisions of the compliance order or notice of violation have been complied with or the owner or his or her authorized representative furnishes the buyer or lessee with a true copy of the notice of violation, and shall provide the city a signed and notarized statement from the grantee, purchaser, or lessee acknowledging receipt of such notice of violation and accepting full responsibility without condition for making the corrections required to bring the facility into compliance.
(Ord. 012-2021. Passed 3-29-21.)
1137.09 STANDARDS.
(a) Exterior. The grounds surrounding a hotel, motel, or extended stay hotel shall be maintained in a clean and sanitary condition and comply with the following:
(1) Solid waste - storage:
A. The exterior premises of a hotel, motel, or extended stay hotel shall be free from accumulations of refuse, garbage and rubbish;
B. All solid waste shall be stored in closed containers or dumpsters until it is disposed;
C. All solid waste collection and storage containers that are maintained outside of the building shall be cleanable, leak proof and equipped with tightly fitting covers that shall be closed at all times. Such containers shall be placed on a paved surface at least twenty-five (25) feet from any sleeping room with screening that complies with Section 1145.04;
D. Litter on the hotel premises shall be collected and disposed of daily.
(2) The surface of the ground around a hotel, motel, or extended stay hotel shall be graded so as to minimize standing water. Gutters and down spouts shall be maintained in good condition and shall divert water away from the building.
(3) All windows which have sash that can be opened to the outside of the building shall be equipped with sixteen (16) mesh screens that are secure and in good condition.
(4) Weeds and brush shall be prohibited
(5) All other provisions of the City of Maumee Codified Ordinance including, but not limited to, Property Maintenance, Zoning, Building, Housing and Fire Codes.
(b) Common Areas. Lobbies, hallways, stairways, meeting rooms, and other public places within the hotel, motel or extended stay hotel shall be maintained as shown on the original set of Building Plans and Site Plans approved by the City of Maumee. All hallways, stairways, meeting rooms and other public places shall be maintained in a clean, nuisance-free condition. There shall be no signs of the presence of, or an infestation of, insects, bugs or rodents.
(1) Restrooms.
A. The floors, walls, doors, toilets, lavatories, and modesty panels in all public restrooms shall be smooth, easily cleanable, in good repair, and composed of durable, non-absorbent material which shall be approved at the discretion of the Zoning Administrator.
B. Public restrooms shall be kept clean and sanitary at all times. Restroom fixtures, including toilets, urinals, and sinks shall be cleaned and disinfected daily. Restroom floor shall be mopped and sanitized daily. Door handles, switch covers and other tactile surfaces shall be cleaned and disinfected daily. Restroom walls, doors, doorframes, and toilet stalls shall be maintained in a clean and sanitary condition.
C. All electrical outlets within six (6) feet of water shall be protected by a ground fault current interrupter.
D. Restroom lavatories shall be solid surface, smooth and easily cleanable, and provide hot and cold water in sufficient pressure and quantity to permit thorough hand washing. The use of Formica or similar materials shall be prohibited.
E. Soap and paper towels or hand dryers shall be provided at the lavatory at all times.
F. A trash container shall be provided for the disposal of used paper towels and emptied at intervals which prevent it from overflowing.
G. Toilets and urinals shall fill and flush properly, and they shall be in good condition. Toilet seats shall be smooth and easily cleanable. Toilet paper shall be provided at all times.
(2) Lobbies, meeting rooms and hallways.
A. All common areas of the hotel, motel and/or extended stay hotel shall be maintained in a clean and sanitary condition. Floors shall be mopped or vacuumed daily, except for meeting rooms that are not used on a daily basis. All rooms shall be cleaned after each use. Tactile surfaces, including switch covers, door handles, doorframes and telephones shall be cleaned and disinfected daily.
B. Floors, walls and horizontal surfaces shall be maintained in a smooth and cleanable condition. Walls, ceilings, horizontal surfaces, ventilation system grilles and other surfaces shall be kept clean.
C. Meeting rooms and other common areas of the hotel, motel or extended stay hotel shall be inspected as often as necessary to determine if there is evidence of water or mold damaged materials such as wall covering, drywall and particle board. If mold is found, the contaminated area shall not be used until the mold contamination has been properly remediated, following the guidelines in the New York City Health Department "Guidelines on Assessment and Remediation of Mold and Fungi in Indoor Environments".
D. Water fountains, if provided, shall be made of easily cleanable materials, and shall be cleaned and sanitized daily. The flow of water must crest at least two (2) inches above the top of the mouth guard.
E. Ice machines. Ice provided for guests shall be produced, stored and dispensed in a sanitary manner, and shall be protected from becoming contaminated through guest self-service contact with the ice or the interior of the ice storage unit. Open ice bins shall not be used.
1. All reusable ice buckets provided for the use of the guests shall be made of an impervious, smooth, easily cleanable material. They shall be washed, rinsed and sanitized after being used by the guests, and stored so as to protect them from contamination. If liners are used in the ice buckets, they shall be changed daily.
2. Multi-use drinking glasses and cups, after being used by a guest shall be washed and sanitized, and stored in a sanitary manner. All multi-use glasses and cups shall be cleaned and sanitized in a mechanical dishwasher, or in a three compartment sink in which the utensils shall be washed in hot soapy water, rinsed in clean water and then rinsed in a sanitizing solution.
(3) All other provisions of the City of Maumee Codified Ordinance including, but not limited to, Property Maintenance, Zoning, Building, Housing and Fire Codes.
(c) Rooms. Rooms shall be maintained in a clean, nuisance-free condition. There shall be no signs of the presence of, or an infestation of, insects, bugs or rodents.
(1) Bedding.
A. Each sleeping room shall be equipped with at least one mattress and foundation. The mattresses and foundations shall be clean, with no tears or other damage and free from stains and soiling. Mattresses or foundations, which are stained with blood or other bodily fluids shall be immediately removed and discarded.
B. After being used by a guest, sheets, pillowcases, and the mattress pad if it is odorous, exhibits evidence of perspiration or other bodily fluids or it is soiled, shall be laundered. Bed linens that are used by the same guest for more than one day shall be changed at least three (3) times a week, or more often if they are heavily soiled.
C. After being used by a guest, comforters and blankets shall be laundered.
D. Pillows shall be clean and free from odors and stains. Stained or soiled pillows shall be immediately removed and discarded.
(2) Lighting. There shall be sufficient natural and artificial light in the sleeping room at all times to provide for proper cleaning, reading, safety, and the comfort of the guests.
(3) Walls, floors easily cleanable.
A. All of the surfaces in the sleeping room shall be maintained in good condition, and composed of materials that are easily cleanable.
B. Carpeting shall lie flat on the floor and be free from rips, torn edges, odors, excessive wear or excessive staining.
C. Vinyl, ceramic tile, stone, and similar materials shall be secure to the floor and shall not be tore, cracked, broken or show signs of excessive wear.
D. Baseboards or cove base shall be firmly attached to the wall. Baseboards or cove base shall be installed in every sleeping room and bathroom. Baseboards or cove base shall not be a rubber product.
(4) Cleaning.
A. Doors, door frames and handles, switch covers, telephones, and remote controls shall be cleaned daily with a disinfectant cleaner, when the guest room is in use or it is anticipated to be used.
B. Walls, carpeting, baseboards, window frames and other surfaces shall be cleaned whenever they become soiled, dirty, or tobacco smoke residue is observed.
C. Horizontal surfaces, lampshades, draperies and other furnishings shall be clean and free from dust or dirt.
D. Carpeting shall be thoroughly vacuumed daily. Food residue, bodily fluids, and excessive soil shall be immediately spot cleaned. Carpeting behind and under room furnishings and in corners shall be cleaned at least once every week.
E. The interior and exterior of microwave ovens and refrigerators, if permitted by the Chief Building Official, shall be cleaned daily to remove food residue and dirt.
1. Refrigerators shall maintain an internal temperature of 45°F or lower when in operation.
2. The interior of microwave ovens shall be smooth and free from rust, exposed metal, or evidence of burning or scorching. The microwave door shall seal tightly and the door glass shall be intact.
(5) Heating units.
A. Heating and air conditioning units shall be maintained in operable condition at all times. All heating and air conditioning units shall be of a size and configuration that they can rapidly heat the air and maintain a minimum room temperature of 72°F. All controls for the unit shall be operable, and the switches, buttons or knobs for the control shall be in place.
B. Heating and air conditioner filters, covers, coils and condenser pans shall be clean and free from dirt, bacteria and debris.
C. Condenser pans shall be equipped with a functioning condensate drain, which shall be directed to the exterior of the building, or be plumbed into the building's plumbing system.
D. Heating and air conditioning units grilles, filters and cabinets shall be intact, secure and in good repair.
(6) Electrical inspections. Before providing small electrical appliance for the use of guests in hotel, motel or extended stay hotel rooms, the owner or his or her designated agent shall have the electrical service in the facility inspected and approved by the Chief Building Official or a certified building inspector.
(7) Kitchen (if provided, however, required for extended stay rooms).
A. Every sleeping room designated and rented as an extended stay room shall be equipped with an adjacent kitchen area. Rooms other than extended stay rooms may be equipped with an adjacent kitchen area. No modifications to the plumbing shall take place until they are approved by the Chief Building Official and a Plumbing Permit has been issued for the work.
B. Walls, floors, ceilings, doors, plumbing fixtures, finish materials, cupboards, cabinets and light fixtures shall be composed of materials that are smooth and easily cleanable. Counter tops shall be solid surface, smooth and easily cleanable. The use of Formica and similar products shall be prohibited.
C. Walls, floors, ceilings, counter tops, cupboards, cabinets, and light fixtures shall be maintained in good condition, and they shall be free from soil, dirt, tobacco smoke residue and dust.
D. Door handles, doorframes, switch covers, faucets, and other tactile surfaces shall be composed of smooth, easily cleanable materials, and they shall be cleaned and disinfected daily.
E. Kitchen sink shall provide hot and cold water in sufficient quantity and pressure to permit hand washing and cleaning of utensils in compliance with accepted engineering standards.
F. Dish soap and clean dish towels shall be provided at all times.
G. Kitchen lighting shall be sufficient to provide for adequate cleaning, for safety and the comfort of the guests.
J. The kitchen floor shall be swept and then mopped daily, using a disinfectant cleaner. The kitchen floor shall be composed of a durable, easily cleanable material.
K. Each kitchen shall be provided with a waste collection container that is made of a durable material, that is smooth and easily cleanable, and which is of adequate size for the number of guests occupying the room and shall be emptied daily.
L. All electrical outlets within six (6) feet of water shall be protected by a ground fault current interrupter.
(8) Bathrooms.
A. Every sleeping room shall be equipped with an adjacent toilet room and plumbing fixtures as required in the applicable provisions of Ohio R.C. Ch. 1225 (Ohio Building Code). No modifications to the plumbing shall take place until they are approved by the Chief Building Official and a Plumbing License has been issued for the work.
B. Walls, floors, ceilings, doors, plumbing fixtures, finish materials, vanities, and light fixtures shall be composed of materials that are smooth and easily cleanable. Vanity tops shall be solid surface, smooth and easily cleanable.
C. Floors, ceilings, vanities, and light fixtures shall be maintained in good condition, and they shall be free from soil, dirt, tobacco smoke residue, burns, stains and dust.
D. Door handles, doorframes, switch covers, toilet handles, and other tactile surfaces shall be composed of smooth, easily cleanable materials, and they shall be cleaned and disinfected daily.
E. Bathtubs, showers and lavatories shall provide hot and cold water in sufficient quantity and pressure to permit bathing and hand washing in compliance with accepted engineering standards and drains shall function effectively with no signs of stoppage or restriction. Bathtubs and showers shall have non-slip floors.
F. Soap, clean towels and washcloths shall be provided at all times.
G. The toilet shall fill and flush properly at all times. The exterior, interior and base of the toilet bowl, and the toilet seat shall be cleaned daily with a disinfectant cleaner. The toilet seat shall be secure, smooth and easily cleanable. Toilet paper shall be supplied to the guests at all times.
H. Bathroom lighting shall be sufficient to provide for adequate cleaning, for safety and the comfort of the guests.
I. Bathrooms that exhibit evidence of moisture damage or mold, or which contain odors shall be equipped with a functional mechanical ventilation system that adequately displaces humid air and odors from the bathroom.
J. The bathroom floor shall be swept and then mopped daily, using a disinfectant cleaner. The bathroom floor shall be composed of a durable, easily cleanable material.
K. Each bathroom shall be provided with a waste collection container that is made of a durable material, that is smooth and easily cleanable, and which is of adequate size for the number of guests occupying the room and shall be emptied daily.
L. All electrical outlets within six feet of water shall be protected by a ground fault current interrupter.
(9) Mold. Guest rooms shall be inspected and often as necessary to determine if there is evidence of water or mold damaged materials such as wall covering, drywall and particle board. If mold is found, the contaminated area shall not be used until the mold contamination has been properly remediated, following the guidelines in the New York City Health Department "Guidelines on Assessment and Remediation of Mold and Fungi in Indoor Environments".
(10) Animals.
A. If an owner or authorized agent elects to permit pets upon the premises, he or she shall designate specific rooms in the hotel, motel or extended stay hotel specifically for that purpose. The doors to such rooms shall be so labeled.
B. If an owner or authorized agent elects to permit pets upon the premises, he or she shall establish and enforce rules to control pets within his accommodation. No guest shall permit his pet to run at large or to become a nuisance.
C. Rooms in which animals have been kept by a guest shall be thoroughly cleaned and disinfected to remove fur, dander, urine, feces, and other contamination. In the event that fleas are discovered in the sleeping room, the room shall not be rented until the fleas have been eradicated by a licensed pest control applicator.
(11) Solid waste disposal. At least one waste collection container shall be provided in each sleeping room. The container shall be made of a smooth and easily cleanable material. Solid waste shall be collected and removed from the room each day.
(12) When any room has been occupied by a person having an infectious or contagious disease, or signs are found indicating the presence of, or an infestation of, insects, bugs or rodents such room shall not be used again until it is thoroughly fumigated and disinfected including all fixtures, furniture and bedding.
(13) All other provisions of the City of Maumee Codified Ordinance including, but not limited to, Property Maintenance, Zoning, Building, Housing and Fire Codes.
(d) Water and Wastewater.
(1) Water to supply the guest rooms and common areas of the hotel shall be from a source that is approved by the City of Maumee and the Ohio Environmental Protection Agency. An adequate supply of hot and cold water under sufficient pressure shall be provided for laundry, hand washing, bathing, utensil washing and other purposes.
(2) Sewage from the hotel shall be properly disposed in a public sanitary sewer or by treatment in an on-site sewage treatment facility that is approved by the City of Maumee and the Ohio Environmental Protection Agency.
(e) Laundry.
(1) If laundry is washed at the hotel or motel, there shall be adequate capacity to properly wash and dry all of the soiled linens that are generated daily.
(2) The floor, walls, shelving and tables in the laundry room shall be composed of a smooth, easily cleaned material.
(3) Soiled laundry shall be isolated from clean linens.
(4) All laundry carts shall be constructed of an easily cleanable or washable material.
(5) Linens shall be washed in hot water with a detergent and disinfectant.
(Ord. 012-2021. Passed 3-29-21.)
1137.99 PENALTY.
Any owner or authorized representative failing to comply with a notice of violation or order served in accordance with this Chapter shall be deemed guilty of a misdemeanor of the fourth degree and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Zoning Administrator or Chief Building Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violations of this chapter or to require the removal or termination of unlawful occupancy. Each day that the violation remains shall be deemed a separate offense.
(Ord. 012-2021. Passed 3-29-21.)
1138.01 PURPOSE AND DEFINITIONS
(a) Purpose. The regulations of this section are established to regulate the location of discount retail stores for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to avoid and reduce over-concentration and to maintain cleanliness for the health and safety of residents within our neighborhoods.
(b) Definitions. For purposes of this section:
(1) "Discount Retail Store" means a retail store of between two thousand (2,000) and twenty thousand (20,000) square feet that dedicates less than twenty percent (20%) of shelf space to fresh or fresh frozen foods and produce and sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, personal grooming and health products, household goods and other consumer products that generally cost less than ten dollars ($10.00).
(2) "Fresh Produce" means fruits and vegetables that have not been processed in any manner. This term does not include such items as potted or dried herbs, wild rice, dried fruits and vegetables, raw nuts of any kind, popcorn, fruit or vegetable plants/seedlings, seeds/grains, flowers, maple syrup, cider, eggs, meat, cheese and seafood.
(3) "Fresh or Fresh Frozen Food" means food for human consumption that is in its raw state, or unprocessed; food that was quickly frozen while still fresh (blanching, blast freezing) and no deterioration has taken place.
(4) Exclusions. For purposes of this section, " discount retail store" does not include retail stores that sell gasoline or diesel fuel, contain a prescription pharmacy or dedicate at least fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce.
(Ord. 037-2023. Passed 10-4-23.)
1138.02 LOCATION OF DISCOUNT RETAIL STORES
(a) Spacing. No discount retail store shall be established on a lot or lots within ten thousand five hundred and sixty (10,560) feet (two (2) miles) of another lot or lots containing an existing discount retail store. No two (2) discount retail stores shall be located in the same building or on the same lot. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot or lots accommodating the proposed discount retail store and the lot or lots from which the existing discount retail store is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.
(b) Maps Maintained. The Urban Planning Manager shall maintain a map of existing Discount Retail Store locations and other information necessary to determine compliance with the spacing regulations under division (d) of this section.
(c) The Discount Retail store shall comply with all applicable Maumee Building Code Standards and Architectural Standards and shall submit a detailed plan to the Maumee Urban Planning Manager for approval for the Discount Retail Store location. The plan shall include a site drawing locating the curbs and distances as well as material to provide compatibility with surrounding uses and a rendering or picture of the proposed facade.
(d) Floor and Shelf Plan Required. For any discount retail store, a Floor and Shelf Plan shall be submitted to the Urban Planning Manager as part of its Building Permit application in addition to any other required plans and information, and shall contain each of the following:
(1) The amount of shelf space dedicated to food sales and the amount of shelf space dedicated to fresh or fresh frozen foods and produce; and
(2) The types of goods, products, or merchandise to be sold and the general cost of such items.
(e) Maintenance and Other Requirements. The owner and/or operator of a discount retail store shall comply with applicable provisions of these codified ordinances regarding maintenance of the premises and shall comply with the following:
(1) Keep the exterior of the site including the sidewalks and tree lawns abutting the property free of litter and debris; and
(2) Provide one (1) or more solid waste containers located directly outside the primary entrance for the placement of paper, wrappers, and other items by customers and others. Such containers shall be maintained in good condition and be of suitable capacity to sufficiently contain litter and debris between scheduled waste collections.
(3) All exterior infrastructure on or adjoining the rental site shall be repaired or replaced according to Maumee Code, including sidewalks, curbs and landscaping prior to being granted an occupancy permit.
(f) Exception. Chapter 1138 shall not apply to any discount retail store as defined in herein currently in operation prior to the effective date of this section. If a discount retail store not currently subject to these regulations becomes subject to the nonconforming use provisions as set forth in Chapter 1130 of the Maumee Codified Ordinances or is otherwise repaired or remodeled or sold after the effective date of this ordinance, said discount retail store shall be required to comply with the regulations set forth herein.
(Ord. 037-2023. Passed 10-4-23.)
1138.03 CIVIL REMEDIES.
If any structure is erected, constructed, reconstructed, relocated, altered, repaired, converted or maintained, or if any structure or land is used in violation of this chapter, the City, in addition to any other remedies provided for herein, may institute such action or proceedings as are authorized by law to prevent and enjoin such unlawful erection, construction, reconstruction, relocation, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such structure or land.
(Ord. 037-2023. Passed 10-4-23.)
1138.99 CRIMINAL PENALTIES.
(a) Whoever violates any of the provisions of this Chapter shall be guilty of a misdemeanor of the fourth degree. If the offender has previously been convicted of or pleaded guilty to a violation of the Maumee Zoning Code, then the offender is guilty of a misdemeanor of the third degree.
(b) Each calendar day such violation shall be permitted to continue or exist shall constitute a separate and distinct offense.
(Ord. 037-2023. Passed 10-4-23.)
1139.01 PURPOSE AND DEFINITIONS.
(a) Purpose. The regulations of this section are established to regulate the location of tobacco and vape stores for the purpose of protecting residents from the proliferation of potentially harmful products, including young adults and also to protest neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to avoid and reduce over-concentration and to maintain cleanliness for the health and safety of residents within our neighborhoods.
(b) Definitions. For purposes of this section:
(1) "Tobacco and Vape Stores" means a retail store of between two hundred (200) and fifteen thousand (15,000) square feet that dedicates more than thirty percent (30%) of shelf space or retail space to smoking related products including but not limited to tobacco, cigars, smokeless tobacco, electronic smoking devices or supplies, products containing nicotine, alternative nicotine products as defined by Ohio Revised Code section 2927.02 and/or vape products, or tobacco, cigar, or smoking related products or vape related merchandise directly to the consumer and/or stores where sales of tobacco, cigars, smoking related products, electronic smoking products, smokeless tobacco or vape product exceeds twenty percent (20%) of their gross sales. Sale of marijuana, marijuana related products or oils, hemp or hemp related products, related to any of the foregoing CBD, marijuana infused products, or synthetic substances shall be prohibited in all tobacco and vape stores, or within the area stipulated in Section 1139.02(a) below.
(c) Exclusions. For purposes of this section, " Tobacco and vape" does not include retail stores that dedicate less than five percent (5%) of shelf space or storage space to tobacco or vape products or sell gasoline or diesel fuel as their primary business.
(Ord. 038-2023. Passed 10-4-23.)
1139.02 LOCATION OF TOBACCO AND VAPE STORES.
(a) Spacing. No tobacco or vape store shall be established on a lot or lots within Maumee that are within ten thousand five hundred and sixty (10,560) feet (two (2) miles) of another lot, or lots containing an existing tobacco or vape store, marijuana dispensary or medical marijuana dispensary. No two (2) tobacco and/or vape retail stores , nor shall a medical marijuana or marijuana retail store be located in the same building or on the same lot. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot, or lots accommodating the proposed tobacco and vape store and the lot or lots from which the existing tobacco or vape store is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.
(b) Maps Maintained. The Urban Planning Manager shall maintain a map of existing Tobacco or Vape store locations and other information necessary to determine compliance with the spacing regulations under subsection (c) of this section.
(c) Floor and Shelf Plan Required. For any Tobacco and Vape Store, a Floor and Shelf Plan shall be submitted as part of its Building Permit application. The plan shall include a site drawing locating the curbs and distances as well as material to provide compatibility with surrounding uses and a rendering or picture of the proposed facade. In addition to any other required plans and information, and shall contain each of the following:
(1) The amount of shelf space dedicated to tobacco and vape products and the amount of shelf space dedicated to non-tobacco and vape products; and
(2) The types of goods, products, or merchandise to be sold and the general cost of such items.
(3) Registers that are visible from the exterior of the store
(4) Aisles that are perpendicular to the front of the store and are visible from the exterior of the store
(5) Fenestration requirements that include clear glass at the front of the store
(d) Maintenance and Other Requirements. The owner and/or operator of a tobacco or vape store shall comply with applicable provisions the Maumee Codified Ordinances regarding the premises and shall comply with the following:
(1) Keep the exterior of the site including the sidewalks and tree lawns abutting the property free of litter and debris; and
(2) Provide one (1) or more solid waste containers located directly outside the primary entrance for the placement of paper, wrappers, and other items by customers and others. Such containers shall be maintained in good condition and be of suitable capacity to sufficiently contain litter and debris between scheduled waste collections.
(3) Tobacco or Vape Stores shall not be located within 1000 feet from a school (public or private), family day care home, childcare facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot, or lots accommodating the proposed tobacco and vape store and the lot or lots from which the existing tobacco or vape store is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.
(4) It is unlawful for a tobacco or vape store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
(5) Tobacco and vape stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
(6) Comply with Ohio law as to sales to individuals under the age of twenty-one (21).
(7) Comply with all other requirements of the Maumee zoning code and building codes.
(8) All exterior infrastructure on or adjoining the rental site shall be repaired or replaced according to Maumee Code, including sidewalks, curbs and landscaping prior to being granted an occupancy permit.
(e) Exception. The spacing requirements set forth in Section 1139.02 (a) shall not apply to any tobacco or vape store as defined in herein currently in operation or those entities with an approved development agreement prior to the effective date of this section. If a tobacco or vape store not currently subject to these regulations becomes subject to the nonconforming use provisions as set forth in Chapter 1130 of the Maumee Codified Ordinances after the effective date of this ordinance, said tobacco or vape store shall be required to comply with the regulations set forth herein. (Ord. 038-2023. Passed 10-4-23.)
1139.03 CIVIL REMEDIES.
If any structure is erected, constructed, reconstructed, relocated, altered, repaired, converted or maintained, or if any structure or land is used in violation of this chapter, the City, in addition to any other remedies provided for herein, may institute such action or proceedings as are authorized by law to prevent and enjoin such unlawful erection, construction, reconstruction, relocation, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such structure or land.
(Ord. 038-2023. Passed 10-4-23.)
1139.99 CRIMINAL PENALTIES.
(a) Whoever violates any of the provisions of this Chapter shall be guilty of a misdemeanor of the fourth degree. If the offender has previously been convicted of or pleaded guilty to a violation of the Maumee Zoning Code, then the offender is guilty of a misdemeanor of the third degree.
(b) Each calendar day such violation shall be permitted to continue or exist shall constitute a separate and distinct offense.
(Ord. 038-2023. Passed 10-4-23.)