Maumee City Zoning Code

TITLE FOUR

Supplemental Development Standards

1140.01 ACCESS REQUEST STUDY (ARS) CONTENTS.

When an Access Request Study (ARS) is required as part of the Site Plan, it must be prepared by a registered professional engineer with a civil/site background, or in accordance with accepted national standards. The scope of the ARS shall concentrate on the subject property and the adjacent properties including properties across the road to evaluate the access within the immediate area of the proposed site. All traffic access request studies shall include the following items:

(a) Identification of road details including right-of-way width, both existing and proposed, pavement widths, identification of vehicular lanes, and adjacent traffic control devices including stop signs and traffic signals.

(b) Identification of adjacent access locations including properties across the road.

1140.02 TRAFFIC IMPACT STUDY (TIS) CONTENTS.

When a Traffic Impact Study (TIS) shall be prepared as part of the Site Plan, it shall meet the following requirements and include the following items:

(a) Description of the Site, Surroundings, and Study Area. Illustrations and a narrative shall describe the characteristics of the site and adjacent roadway system (functional classification, lanes, speed limits, etc.). This description shall include surrounding land uses, known or planned development in the vicinity which could influence future traffic conditions, special site features and a description of any planned roadway improvements. The study shall define and justify the study area selected for analysis.

(b) Description of the Proposed Development. A description of factors such as the number and types of dwelling units, the gross and usable floor area, the number of employees, and shift change factors. Intended phasing or future expansion shall also be noted.

(c) Description of Existing Traffic Conditions. Traffic counts: Existing conditions including existing peak-hour traffic volumes (and daily volumes if applicable) on street(s) adjacent to the site. Existing counts and levels of service for intersections in the vicinity, which are expected to be impacted, shall be provided. Traffic count data shall not be more than two (2) years old. Further, the description of existing traffic conditions shall include:

(1) Traffic counts shall be taken on a Tuesday, Wednesday, or Thursday of non-holiday weeks.

(2) Roadway characteristics shall be described and illustrated, as appropriate. Features to be addressed include land configurations, geometrics, signal timing, traffic control devices, posted speed limits, average running speeds, and any sight distance limitations. Existing levels of service shall be calculated for intersections included within the study area.

(3) Existing driveways and potential turning movement conflicts in the vicinity of the site shall be illustrated and described.

(4) The existing right-of-way shall be identified along with any planned expansion of the right-of-way.

(d) Background Traffic Growth. For any project requiring a Traffic Impact Study, the analysis shall include forecasted traffic at the date of construction completion and within a subsequent 20-year period. Forecasted traffic volumes shall take into account expected traffic flow from adjacent vacant property. Assumptions regarding future surrounding land use and growth in traffic volumes shall be approved by the City of Maumee before submission of the traffic impact study.

(e) Trip Generation. Forecasted trip generation of the proposed development for the a.m. (if applicable) and p.m. peak hour and average day shall be calculated. This forecast shall be based on the data and procedures outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE), or other recognized data source for a comparable use.

(1) Any trip reduction for pass-by trips, transit, ridesharing, other modes, internal capture rates, etc., shall be based both on ITE findings and documented survey results acceptable to the City of Maumee. The community may elect to reduce the trip reduction rates used.

(2) For projects intended to be developed in phases, the trip generation by phase shall be described.

(f) Trip Distribution. The projected traffic generated shall be distributed (inbound v. outbound, left turn v. right turn) onto the existing street network to project turning movements at site access points and nearby intersections where required.

(1) Projected turning movements shall be illustrated in the report.

(2) A description of the application of engineering methods for determining the distribution shall be attached (trip distribution model, market studies, counts at existing driveways, etc.).

(g) Impact Analysis. Level of service or "capacity" analysis at the proposed access points using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board shall be provided. Before and after capacity analyses shall be performed for all street intersections where the expected traffic generated at the site will comprise at least five (5) percent of the existing intersection capacity.

(h) Access Design/Access Management Standards. The study shall include a map and description of the location and design of proposed access (driveways or new street intersections) including: any sight distance limitations, dimensions from adjacent driveways and intersections within two hundred fifty (250) feet on either side of the main roadway, data to demonstrate that the number of driveways proposed is the fewest necessary, and support that the access points will provide safe and efficient traffic operation.

(i) Other Study Items. The Traffic Impact Study shall also include the following:

(1) Need for, or provision of, any additional right-of-way.

(2) Changes that should be considered to the Site Plan layout.

(3) Description of how the proposed Site Plan conforms to thoroughfare policies described in the City of Maumee Comprehensive Plan.

(4) If the use involves a drive-through facility, the adequacy of the queuing area shall be evaluated.

(5) If a median crossover is desired, separate analysis shall be provided.

(6) If a traffic signal is being requested, the applicable traffic signal warrants shall be provided along with an analysis of traffic progression along the roadway through coordination with other signals.

(7) Description of site circulation and available sight distances at site driveways.

(8) Description of opportunities to define pedestrian circulation to and from the site and any anticipated impact relative to existing or planned bike/walking trails and/or dedicated bike lanes in roadways. The weight and relative importance of such considerations shall be proportional to the size of the proposed development and proximity of existing or planned bike or walking trails and/or dedicated bike lanes. Consideration shall also be given to accommodating transit as a mode of transportation when the proposed development is located along a bus route.

(j) Mitigation/Alternatives. The Traffic Impact Study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements shall be described. The mitigation measures may include items such as roadway widening, turn lane geometries, changes to signalization, elimination or combination of access points, or reduction in the proposed intensity of use. Any applicable local or State agency shall review proposed mitigation measures. The responsibility for construction and timing of roadway improvements shall be described.

(k) Qualifications. Preparer: The preparation of a thorough Traffic Impact Study requires extensive background and experience in traffic analysis. The person responsible for the preparation of the Study shall meet the following requirements:

(1) Any Traffic Impact Study involving roadway or traffic signal design work shall be prepared by, or under the supervision of, a registered engineer (P.E.) with specific expertise in traffic engineering.

(2) The Traffic Impact Study shall include a resume of the preparer responsible for the report. The Traffic Impact Study may also include relevant experience of the preparer's firm. The study shall also be signed and sealed by the preparer.

1141.01 APPLICATION OF REGULATIONS.

Whenever off-street parking areas are required or permitted by this Zoning Code or other legislation of the City, the same shall conform to the provisions of this chapter and shall be governed thereby. Whenever thirty percent (30%) or more of an existing non-conforming parking area is reconstructed or refurbished, the entire site shall be made to conform, and continue to conform, to the provisions of this Chapter, Chapter 1145, and other applicable provisions of the ordinances and other legislation of the City and the rules and regulations established and promulgated pursuant thereto, and shall be governed thereby. This percentage shall be an accumulative amount over the life of a parking area. All work beyond resealing and restriping shall be considered reconstruction and refurbishing. (Ord. 107-2020. Passed 10-5-20.)

1141.02 PERMITS REQUIRED.

Whoever seeks to construct, enlarge, or alter any parking area designed for, or used by, the public, other than parking spaces provided as an accessory use to property used and occupied exclusively for single or two-family residential units, shall apply to the Zoning Administrator for a permit therefore and shall accompany such application by plans, specifications, profiles and drawings sufficient for the Zoning Administrator to determine whether or not the area after completion of the work contemplated will meet the requirements of this chapter and other applicable provisions of the ordinances and other legislation of the City and the rules and regulations established and promulgated pursuant thereto.

(Ord. 107-2020. Passed 10-5-20.)

1141.03 BOND REQUIRED.

Due to seasonal conditions where occupancy is desired prior to the ability to complete construction of a required parking area, such application shall be accompanied by a bond equal to the cost of construction of the improvement with good and sufficient surety or sureties to the approval of the Municipal Clerk or authorized designee conditioned upon the faithful observances of the provisions of this chapter and other applicable provisions of other legislation of the City, and the specifications, rules and regulations pertaining to such off-street parking area issued by and promulgated pursuant thereto and that the principal will do the work contemplated with reference to such areas in strict accordance therewith.

(Ord. 107-2020. Passed 10-5-20.)

1141.04 USES OF PARKING AREAS.

Except in districts where such uses are otherwise permitted:

(a) No business involving the repair or service to vehicles, or sale or display thereof shall be conducted from or upon such required parking areas.

(b) No structures shall be erected or remain on any portion of the parking area which would reduce the parking area required.

(d) Any area of asphalt or concrete that will be used for outdoor sales or display requires special approval from the Zoning Administrator.

(e) When any use has a large amount of excess hard surface area used for outdoor sales or display, such as the sale of automobiles, trucks, equipment, etc., the area used to meet the requirements of section 1141.06 must be clearly delineated and separate from the area used for sales and display.

(f) All hard surface area in excess of the area used to meet the required number of parking spaces listed in section 1141.06, may be required by the Zoning Administrator to be removed upon the closing of the business or any change of use, and prior to the issuance of a new Certificate of Occupancy.

(Ord. 107-2020. Passed 10-5-20.)

1141.05 DETERMINING NUMBER OF SPACES.

In computing the number of spaces required pursuant to Section 1141.06 (Off-Street Parking Requirements) the following rules shall govern:

(a) Where fractional spaces result, the required number of parking spaces shall be lowered to the next whole number.

(b) The parking space required for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

(c) Whenever a structure or use is changed or is enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise is altered, which change or enlargement requires an addition in the required number of off-street parking spaces according to the standards contained herein, such additional required spaces shall be provided as a part of the enlargement or change.

(d) Properties within the C-3 Uptown Commercial District are exempt from Section 1141.06, however, the Zoning Administrator may, at their discretion, permit or require some on-site parking based on use or location.

(e) The Zoning Administrator has the authority to require additional parking based on accepted industry standards or if it has been determined that available parking is inadequate to support the existing use. (Ord. 107-2020. Passed 10-5-20.)

1141.06 OFF-STREET PARKING REQUIREMENTS.

In a district where any of the following uses are permitted, each such use shall provide parking spaces on the same lot. The number of required spaces shall also be considered the maximum number of permitted spaces. Any request to provide more or less than the number of permitted parking spaces listed below shall be reviewed and approved at the discretion of the Zoning Administrator. Such parking spaces shall be provided at the time of construction, enlargement, alteration or change in use according to the following requirements:

Maximum Parking Space Requirements
(a)	Dwelling, single-family, two-family and manufactured home:	Two (2) spaces per dwelling unit
(b)	Dwelling, multiple-family:	One space per bedroom
(c)	Dormitory, fraternity or sorority:	Three-fourths (3/4) space per bed
(d)	Nursing home, assisted living facility, etc.:	One (1) space per staff person during the shift with the largest number of employees, plus one-fourth (1/4) space per bed
(e)	Community center, library, museum:	Ten (10) spaces plus one (1) for each 300 square feet of floor area in excess of 2,000 square feet, exclusive of storage or book stack areas
(f)	Day care centers, adult or children:	One (1) per employee on the largest shift plus 5 spaces
(g)	Golf or country clubs, lodges, meeting halls, private clubs:	One (1) space for each 150 s.f. of floor area
(h)	Hospital or major health clinic:	One space for each employee on the largest shift, plus one (1) space for each Health Care Professional, plus one (1) space for each 2000 s.f. of floor area
(i)	Parks, playgrounds, ball and soccer fields:	One (1) space per four (4) visitors estimated peak service
(j)	Place of worship (such as a church or temple):	Twenty (20) spaces, or one (1) space for each three (3) seats based on maximum seating capacity in main auditorium, or one (1) space per ten (10) classroom seats, whichever is greater.
(k)	School (except high school or college):	One (1) space for each five (5) seats in main auditorium or gymnasium or one and one-half (1-1/2) spaces for each classroom, whichever is greater

Maximum Parking Space Requirements
(l)	School: High school or college:	One (1) space for each five (5) seats in main auditorium or gymnasium or five (5) spaces for each classroom, whichever is greater.
(m)	Theater or auditorium (except school auditorium), arena, stadium, etc.:	One (1) space for each four (4) seats or seating spaces based on maximum occupancy capacity.
(n)	Amusement and recreation facility, indoor (including arcades, indoor swimming, tennis courts, etc.):	One (1) space per patron based on maximum occupancy capacity plus one (1) space per employee on the largest working shift.
(o)	Amusement and recreation facility, outdoor (batting cages, go-cart racing, driving ranges, miniature golf, swimming pools, tennis courts, etc.):	One (1) space for every 150 s.f. of gross floor area or ground area used for amusement or assembly not containing fixed seats; plus one for each batting cage, go-cart, golf tee, or court; plus one for every four (4) fixed seats; plus one (1) per employee on the largest shift.
(p)	Bowling alley:	One (1) space for each employee on the largest shift, plus five (5) spaces for each lane plus one (1) space for each 150 square feet of floor area in a restaurant or bar area within the structure.
(q)	Retail construction sales and service contractor showrooms and home improvement centers:	One (1) space per 700 s.f. of gross floor area, plus one (1) space for each company vehicle, plus one (1) space for each employee on the largest shift.
(r)	Funeral home or mortuary:	Five (5) spaces plus one (1) for each 100 square feet of floor area in chapels or parlors.
(s)	Furniture or appliance store, hardware store, repair service:	Two (2) spaces plus one (1) space for each 350 square feet over 1,000 square feet of floor area.
(t)	Home occupation:	Refer to Section 1131.01(e) (Home Occupations).
(u)	Hotels, motor inns, or motel (including bed and breakfast and extended-stay facilities):	One (1) space for each bedroom or sleeping room.

Maximum Parking Space Requirements
(v)	Integrated business structure, containing varied retail or business uses such as in a shopping center or strip commercial building:	Four (4) spaces per 1,000 square feet of floor area. In making computations, freestanding individual businesses are not included in the floor area total, and are computed separately. Total spaces shall be the sum of the computed spaces.
(w)	Motor vehicle fueling station; automotive repair garages:	One (1) space for each employee on the largest working shift, plus three (3) spaces for each service bay or similar facility, plus one (1) space for each vehicle used directly in conduct of the business or stored on the premises.
(x)	Motor vehicle dealership:	One (1) space for each 350 s.f.of office and showroom area. area used for outdoor sales and display shall be a maximum of one (1) space for each 250 s.f. of gross floor area.
(y)	Nurseries, greenhouses, and lawn and garden centers, including outdoor sales and display of living plant material:	One (1) space for each 500 s.f. of office, sales, or display area, plus one (1) space for each 5,000 s.f. of growing or storage area.
(z)	Machinery or equipment sales or service on a small (light) scale :	One (1) space for each 350 s.f. of office and showroom area. area used for outdoor sales and display shall be a maximum of one (1) space for each 350 s.f. of gross floor area.
(aa)	Office: Professional service, trades, or business; Bank or financial institution; Government; Medical or dental clinics:	One (1) space for each 300 s.f. of gross floor area.
(bb)	Office: Veterinary clinics or animal hospital:	Five (5) spaces plus one (1) space for each employee on largest shift
(cc)	Restaurant (with drive-in or drive-thru service):	One (1) space for each employee on the largest shift plus one (1) space for every four (4) seats

Maximum Parking Space Requirements
(dd)	Restaurant (with no drive-in or drive-through service), bar, sports bar, nightclub, dance hall, or other similar place of recreation or entertainment, assembly or exhibit hall:	One (1) space for each employee on the largest shift plus one (1) space for every three (3) seats.
(ee)	Roadside stands offering for sale only agricultural products grown on the premises:	Three (3) spaces per establishment.
(ff)	Retail sales or service establishments or centers less than 5,000 s.f. (also including: delivery services, newspaper substations, messenger and telegraph service stations, etc.):	One (1) space per 350 s.f. of gross floor area, plus one (1) space for each employee on the largest shift.
(gg)	Retail sales or service establishments or centers between 5,000 s.f. and 15,000 s.f.	One (1) space per 400s.f. of gross floor area, plus one (1) space for each employee on the largest shift.
(hh)	Retail sales or service establishments or centers greater than 15,000 s.f., except as otherwise specified herein:	One (1) space for each 400 square feet of gross floor area for the first 15,000 s.f., plus one (1) space for each 700 s.f. of gross floor area over 15,000 s.f., plus one (1) space for each employee on the largest shift. Parking for restaurants and theaters located within the center will be added to a shopping center minimum parking requirement.
(ii)	Self-storage and mini-warehousing on a small scale:	Five (5) spaces in the vicinity of the leasing office and 24 foot drive aisles adjacent to all storage unit doors.
(jj)	Supply yards:	One (1) space per 400 s.f. of gross sales floor area of primary structure plus one (1) space for each employee on the largest shift.
(kk)	Wholesale establishment sales and display of merchandise:	One (1) space for each 400 s.f. of floor area.
(ll)	Compounding, processing and packaging of meat, dairy and food products, exclusive of slaughtering:	Three (3) spaces plus one (1) space for each employee on the largest shift.
(mm)	Construction or contractor storage warehouse:	Three (3) to ten (10) spaces

Maximum Parking Space Requirements
(nn)	Laundromats:	One (1) space for each three (3) washing and drying machines plus one (1) space for each employee on the largest shift.
(oo)	Laundries, dry cleaning and dyeing plants:	One (1) per 300 s.f. of office area or one (1) space for each employee on the largest shift. Whichever is greater.
(pp)	Manufacturing or industrial establishment, including bakeries, dairy processing; bottling plants; compounding, processing and packaging of animal products; fabrication, assembly, and repair of small electrical components and devices; machine shops, tool, and die shops; printing, binding, typesetting, or publishing plant; etc.:	One (1) per 300 s.f. of gross floor area plus one (1) space for each employee on the largest shift.
(qq)	Public and private utilities including: Electric substations, equipment structures, transmission lines and towers; telephone substations, distribution centers and transmission equipment structure; gas regulator and meter stations; water filtration plants; water pumping stations; sanitary sewage treatment plants; sanitary sewage pumping stations; and commercial radio and television transmitting stations and antenna towers:	Two (2) spaces, plus one (1) space for each employee on the largest shift.
(rr)	Recycling center:	Five (5) spaces, plus one (1) space for each employee on the largest shift, plus one (1) space per company vehicle, plus one (1) space per recycle collection container.
(ss)	Truck and motor freight terminals:	One (1) space for each employee working inside the facility on the largest shift, plus two (2) spaces for each commercial vehicle operating from the premises.
(tt)	Warehousing on a large scale:	Five (5) spaces, plus one (1) space for each employee on the largest shift.
(uu)	Research, engineering, testing or laboratory facilities:	Five (5) spaces, plus one (1) space for each employee on the largest shift.

(Ord. 107-2020. Passed 10-5-20.)

1141.07 SETBACK REQUIRED.

The parking area shall be set back from the street in conformity with the established setback for the use district involved as set forth in this Zoning Code. No parking area shall be constructed so as to allow a vehicle to overhang into a required front yard in any district or into other prohibited setback areas.

(Ord. 107-2020. Passed 10-5-20.)

1141.08 DESIGN, CONSTRUCTION AND SITE SPECIFICATIONS.

Adequate ingress and egress for vehicles shall be provided and shall not, insofar as possible, be developed in a manner to adversely affect adjoining properties and right-of-ways. Locations, width of entrances and exits, width of access drives, width of parking area aisles, and length and width of parking spaces may be modified by the City Administrator or Zoning Administrator. Modification of these requirements may be done in accordance with the recommendations contained in an Access Request Study or Traffic Impact Study pursuant to Chapter 1140, if such study is required by the Zoning Administrator.

(a) Access Drives. Single-lane, one-way drives shall be a minimum of ten (10) feet in width for one or two-family dwellings and thirteen (13) feet for other uses. Unless additional width is approved by the Zoning Administrator or designee, drives shall be a maximum of twenty (20) feet in width for one or two-family dwellings and two-lane, two-way drives for other uses shall meet the requirements set forth in subsection (c) of this section.

(b) Curb Cuts. Curb cuts required to accommodate ingress and egress shall include the drive widths from subsection 1141.08 (a), as well as up to three (3) feet per side for tapers in residential applications and a twenty-five (25) feet minimum turning radii in a non-residential applications. In one and two-family residential districts, the Zoning Administrator or their designee may approve a wider curb cut due to unique location or other special circumstances. In a use other than one or two-family residential, the Zoning Administrator or their designee may approve a wider curb cut in order to accommodate a boulevard style entrance with a curbed landscape island separating the entrance and exit drive. All curb cuts must meet the design and construction requirements set forth in subsection 1141.08 (d) and all other City, State and Federal regulations.

(c)	Minimum Parking Space and Aisle Dimensions							Degree of Angle Parking:
				45	60	75	90	Parallel
	(1)	Length of parking space/stripe length (feet)		20	20	19	18	22
	(2)	Width of parking space (feet)		9	9	9	9	8
	(3)	Width of parking area aisle (measured between ends of stall lines):
		(A)	One-way aisle (feet)	13	17	17	20	13
		(B)	Two-way aisle (feet)	20	20	22	22	20

(d) Design and Construction Materials. All parking areas and access drives subject to this chapter shall be a solid surface and constructed of concrete, asphalt, or meet the provisions of Section 1141.12. An equivalent dust-free hard surfaced material such as pavers or blocks may be approved at the discretion of the Zoning Administrator. Compacted stone or other loose material shall be prohibited.

(1) Except to meet ADA requirements or areas necessary to facilitate an engineered spillway, the entire perimeter of all parking areas, entrance drives and landscape islands shall have a continuous solid concrete curb and gutter to match ODOT type 2. ODOT types 3 and 6 may be permitted alternatives. The location and type of curb and gutter will be approved at the discretion of the Zoning Administrator. The use of curb blocks shall be prohibited. Curbing requirement does not apply to a one or two-family residential use.

(2) In one and two-family uses, in areas outside of the right-of-way, concrete shall be a minimum of four (4) inches thick and asphalt shall be a minimum of three (3) inches thick with a six (6) to eight (8) inch compacted aggregate base.

(3) In uses other than one and two-family concrete and asphalt outside of the right-of-way shall be as follows:

A. Heavy Duty: Six (6) inch compacted base and six (6) inches of concrete or asphalt

B. Areas other than Heavy Duty: Eight (8) inch compacted base and four (4) inches of concrete or asphalt

(4) In all zoning districts, approaches between the street and sidewalk shall be six (6) inches of concrete with a six (6) inch compacted base. If no sidewalk exists, the approach shall be constructed extending a minimum distance of twelve (12) feet from the edge of the pavement or curb. Approaches shall be the width of the curb cut set forth in subsection 1141.08 (b) at the street, and narrow to match the width of the driveway at the sidewalk, or at a maximum of twelve (12) feet from the edge of the pavement or curb if no sidewalk exists. If no curb exists, the maximum width of the approach at the street shall be the same as if there was a curb.

(5) When an approach is installed or widened in a commercial or industrial zoning district with curbed streets, it shall be prohibited to drop the curb by saw cutting off the top. Curbs must be plunge cut at the outside limits of the approach and the approach, curb and gutter pan shall be installed to the following specifications:

(6) When an approach is installed or widened in a residential zoning district with curbed streets, it shall be prohibited to drop the curb by saw cutting off the top. Curbs must be plunge cut at the outside limits of the approach and the approach, curb and gutter pan (if any) shall be installed to the following specifications:

(7) It is recognized that certain soil conditions may exist that would allow for a reduction in the amount of material or compacted base required, or would require additional material or compacted base. Based upon an on-site inspection of the soil after grading has taken place, the Zoning Administrator, Capital Projects Manager, and City Administrator or their designee, may increase or decrease the amount of material or compacted base that will be required to an amount that differs from what is shown on the approved site plan or permit application.

(e) Access. All parking spaces required by this Chapter and in excess of those required by this Chapter must have direct access to a drive isle.

(f) Sidewalks and Crosswalks. Sidewalks and marked and/or raised crosswalks shall adequately provide for the safe movement of pedestrians in all parking areas except in one or two-family residential use and along all public streets. Sidewalks through a driveway in the public right-of-way must float separate from the approach and be concrete. The material, location, width and marking of all sidewalks and crosswalks shall be approved at the discretion of the Zoning Administrator and the Plan Commission (if required), but at no time shall the required width of any sidewalk be less than five (5) feet for residential and six (6) feet for commercial, or more than twelve (12) feet. There shall be radiuses at all turns or intersections of sidewalks and crosswalks. Tool joints for all concrete sidewalks and crosswalks shall be shown on the plans and shall follow these guidelines:

(Ord. 107-2020. Passed 10-5-20.)

1141.09 LOCATIONS FOR PARKING.

(a) No parking shall be permitted on unimproved areas of a front yard in any district. In R-4, C-1, C-2, C-3, C-M, M-1 and M-2 districts, all parking areas must meet the requirements of Section 1141.08.

(b) On corner lots, no parking shall be permitted on unimproved areas between the building and either of the two (2) front property lines. If a parcel abuts more than two (2) public or private streets, no parking shall be permitted on unimproved areas between the building and the front property line abutting the two (2) public and/or private streets with the highest classification.

(c) Special Parking Provisions. All parking spaces required herein shall be provided on the same lot as the structure or use served, except as modified in subsections (c)(1) and (2) hereof:

(1) Joint Use of an Off-Street Parking Area. The joint and collective use of an off-street parking area to meet or facilitate the minimum parking space requirements is a conditional use in all districts pursuant to Section 1134.08(k) (Parking Area: Joint Use).

(2) Contiguous Zoning District Parking Area. The extension of a parking area into a zone other than in which the structure or use is located is a conditional use in all districts pursuant to Section 1134.08(j) (Parking Area: Extension).

(Ord. 107-2020. Passed 10-5-20.)

1141.10 OFF-STREET LOADING REQUIREMENTS.

(a) In any district, in connection with every structure or part thereof hereafter erected which is to be occupied by manufacturing, storage, warehouse, wholesale, retail sales, hotel, hospital, laundry, dairy or any other goods handling establishment of a similar nature, off-street loading spaces shall be provided on the same lot or a separate lot as the structure or use served according to the following table:

OFF-STREET LOADING SPACE REQUIREMENTS
Gross Floor Area (sq. ft.)	Number of Required Off-Street Loading Spaces
0 - 10,000	0
10,001 - 25,000	1
25,001 - 50,000	1
50,001 - 100,000	1
Over 100,000	2

(b) In addition, any multiple-family structure containing fifty or more units shall have one off-street loading space. Other uses not listed herein which contain more than 10,000 square feet of gross floor area shall provide a minimum of one off-street loading space.

(c) For specified uses containing less than 3,000 square feet, for other nonresidential uses containing less than 10,000 square feet, or for apartments containing less than fifty dwelling units, each structure shall have one off-street loading area, adjacent to the structure, available for loading and which does not obstruct movement to required off-street parking spaces.

(Ord. 107-2020. Passed 10-5-20.)

1141.11 RECREATIONAL VEHICLE AND UTILITY TRAILER PARKING AND STORAGE.

Recreational vehicles and utility trailers may be parked in a required rear or side yard, provided that:

(a) The recreational vehicle or utility trailer shall have a side yard setback of not less than five (5) feet.

(b) The recreational vehicle or utility trailer shall have a setback from the right of way greater than the set back of the dwelling on the same lot, or an adjacent lot, whichever setback is greater.

(1) Exception for Loading. Only by permission granted upon request to the Zoning Administrator may recreational vehicles or utility trailers be parked on the driveway or paved portions of a side or front yard for the purpose of loading and unloading for a period of time not to exceed forty-eight (48) hours within any consecutive seven (7) day period.

(2) Exception for Sale of Vehicle. Only by permission granted upon request to the Zoning Administrator may recreational vehicles or utility trailers being offered for sale be parked in any required paved yard, excluding the public right-of-way, for a period of time not to exceed fourteen (14) calendar days two times per calendar year.

(c) Recreational vehicles or utility trailers with a GVW of more than 4000 lbs. shall be parked or stored on concrete, asphalt or equivalent clean, hard surface material.

(d) Recreational vehicles or utility trailers which are parked or stored in any lot shall not have fixed connections to electrical, water, gas or sewer facilities and shall not be used for living or housekeeping purposes. Recreational vehicles may have temporary connection to electrical not greater than 110 volts to operate appliances only.

(e) No lot may, at any time, contain more than two (2) recreational vehicles of different types, or one (1) recreational vehicle of a single type. No lot may contain more than one utility trailer.

(f) Recreational vehicles or utility trailers which are parked or stored in a required parking area shall not reduce the number of parking spaces as required by Section 1141.06 (Off-Street Parking Requirements).

(g) Recreational vehicles or utility trailers which are parked or stored on any lot shall be kept in good repair and may at no time be in a state of disrepair or disassembly, must be in fully operational condition, and shall have affixed thereto a current registration license plate, and must be registered to a current occupant of the household.

(h) Each recreational vehicle or utility trailer shall not exceed ten (10) feet in height, nine (9) feet in width, and twenty-four (24) feet in length.

(Ord. 107-2020. Passed 10-5-20.)

1141.12 SPECIAL PARKING PROVISIONS.

The City of Maumee recognizes that there may be special circumstances in which it is appropriate and desirable to use alternative, permeable hard surfaced materials in both residential use and, in limited circumstances, in commercial and industrial use locations. The use of the lighter colored materials which will still allow grass to grow in and around them also helps to reduce the "Heat Island" effect that you get from vast areas of blacktop which, in a lot of cases, is only fully used a few weeks out of each year. In commercial and Industrial use locations, these areas would typically be areas that would accommodate this overflow parking for a short period of time each year. In residential use, this could include driveways and permitted RV storage locations. The location, use, and material of any alternative, permeable hard-surfaced area shall be approved at the discretion of the Zoning Administrator. Below are some examples of these materials:

(Ord. 107-2020. Passed 10-5-20.)

1141.13 CONFLICTS.

When there is a conflict between Chapter 1141 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. 107-2020. Passed 10-5-20.)

1142.01 PERMITTED FENCES.

Fences and walls shall be permitted in any required yard, or along the edge of any yard except as otherwise specified herein.

(a) Solid fences. Permitted solid fences are board on board or alternating board on board fences, solid picket fences, stockade or palisade fences, or brick or stone wall fences.

(1) Solid fences shall be permitted in all zoning districts.

(2) Solid fences shall be permitted in all required yards.

(3) Solid fences shall not be permitted within the site clearance triangles described in Section 1145.06.

(b) Open fences. Permitted open fences are chain link fences, bollard and chain fences, open picket fences, smooth rail, split rail, milled rail, or contemporary rail fences, and wrought iron fences or alternative metals which mimic the look of a wrought iron fence.

(1) Chain link fences shall be permitted in rear yards in M-1 and M-2 zoning districts, and for use at sporting facilities surrounding those areas of play that are traditionally fenced such as baseball fields, tennis courts, pickle ball courts, etc. but shall not be installed anywhere beyond the edge of the field or court.

(2) Open fences other than chain link shall be permitted in all yards in all zoning districts.

(3) Open fences shall not be permitted within the site clearance triangles described in Section 1145.06.

(Ord. 109-2020. Passed 11-2-20.)

1142.02 PROHIBITED FENCES.

No person shall erect or maintain:

(a) Any fence charged with electrical current.

(b) Any fence which contains razor wire or barbed wire.

(1) Chicken wire;

(2) Pallets.

(3) Any material determined by the Zoning Administrator to be easily degradable such as untreated wood, thin plastic, etc.

(d) Chain Link Fences in Residential, Commercial, and C-M Districts.

(e) Any fence which contains missing, broken, rotting or rusting parts.

(f) Any fence which has an ineffective supporting structure which allows the fence to sag between posts or posts which are incapable of maintaining the fence in a solid vertical position.

(Ord. 109-2020. Passed 11-2-20.)

1142.03 GENERAL REQUIREMENTS FOR FENCING AND WALLS

(a) Height.

(1) The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials.

(2) The height of the fence may not be artificially increased by the use of mounding unless otherwise specified by the zoning district, architectural design, or site plan review.

(3) The posts and all other supporting portions of fences shall not exceed the maximum permitted height of the fence by more than four (4) inches.

(4) Sight Clearance Triangles. A fence or wall shall meet all requirements of Section 1145.06.

(5) Maximum Fence Height in Each Required Yard by Fence Style. (except for fences required under Sections 1142.04 (b) and 1145.04)

FENCE STYLES	MAXIMUM FENCE HEIGHT
	If Located in Front Yard*							If Located in Side Yard	If Located in Rear Yard
	R	C	M	R	C	M	R	C	M
Solid Fences*	36"	36"	36"	72"	72"	72"	72"	72"	72"
Chain Link*			72"			72"			72"
Other Open Fences*	42"	42"	72"	72"	72"	72"	72"	72"	72"

* See also Section 1142.03(a)(4) (Sight Clearance Triangles) requirements.

(b) Fences may be placed on a property line outside of the public right-of-way.

(c) Construction of a new fence parallel and within five (5) feet of an existing fence on the same premises shall first require removal of the parallel portion of the existing fence and any posts that will not be used to support the new fence. This provision does not apply to any fence required under Chapter 1349 (Swimming Pool Fences).

(d) All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening. Fence gates placed at a driveway entrance or walkway in the front yard shall be subject to all fence requirements.

(e) The posts and all other supporting portions of fences shall be placed on the side of the fence facing the interior of the property of the owner installing the fence unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. Two property owners jointly installing a fence along their common property line may choose to place the posts and other supporting portions of the fence on either side of the fence.

(f) Every fence shall be kept in a good state of maintenance and repair.

(Ord. 109-2020. Passed 11-2-20.)

1142.04 SPECIFIC REQUIREMENTS FOR INDIVIDUAL TYPES OF FENCING AND WALLS.

(a) Swimming Pool Fences. Every outdoor swimming pool shall be completely surrounded by a fence not less than six (6) feet in height for public swimming pools, and not less than four (4) feet in height for private family swimming pools. Additional regulations for swimming pool fencing are contained in Chapter 1349 and all state and model codes adopted there under.

(b) Wireless Telecommunication Tower Fences. A solid stone or stamped an colored concrete security fence not less than twelve (12) feet in height shall fully enclose those portions of a ground mounted wireless telecommunication tower and equipment. Said fences shall have the same landscaping requirement as trash containers under Section 1145.04. Gate shall be Material, color, design and location of the security fence shall be approved at the discretion of the Zoning Administrator or their designee. Gates shall be locked at all times.

(1) The fencing shall meet the ASTM F964-94 standard for manufacturers of vinyl fencing;

(2) The fencing shall carry a non-prorated warranty by the manufacturer for a minimum period of fifteen (15) years against surface cracking, peeling, chipping or rot;

(3) The fencing shall be protected from ultra violet light with a sunblock equivalent to #38 to prevent the vinyl from yellowing, becoming brittle, and breaking down over time;

(4) The vinyl shall contain acrylic impact modifying compounds that keep the fencing strong and flexible even in very cold weather and less likely to sustain a dent, crack or even break upon normal impact. Vinyl fences shall be designed to withstand normal wind load.

(5) Planks, pickets and rails shall be easily replaced if damaged.

(6) The Zoning Administrator may, at their discretion, require the fencing to have interior steel reinforcement rails for added strength and to prevent the panels from sagging between posts.

(d) Solid Fences.

(1) Solid fences shall not be used to enclose the entire perimeter of the property.

(2) Solid fences with a clear front side and back side must be installed with the front side facing out.

(e) Chain Link Fences.

(1) Chain link fences shall not be composed of chicken wire or other light gauge wire.

(2) The top of a chain link fence shall be attached to a top rail and wire-ends shall be looped for safety.

(3) Chain link fences may include slats made of a translucent or opaque material inserted at an angle through each link for the entire length and height of the fence.

(4) Chain link fences installed in any yard adjacent to a residential district must comply with all height and location regulations for the same type of fencing installed within the residential district.

(f) Rail Fences. Smooth rail, split rail, milled rail, or contemporary rail fences may include a mesh material attached to the fence.

(Ord. 109-2020. Passed 11-2-20.)

1143.01 STATEMENT OF PURPOSE.

The purpose of this chapter is to permit such signs as will not, by reasons of their size, location, construction or manner of display, endanger life and limb, confuse or mislead traffic, obstruct vision necessary for traffic safety or otherwise endanger the public morals, health or safety; and further, to regulate such permitted signs in such a way as to create land use patterns compatible with other major land use objectives and to prevent such signs from causing annoyance or disturbance to the citizens and residents of the City.

1143.02 COMPUTATIONS.

(a) Computation of Sign Area. The aggregate surface area of a sign or of all the signs on a property shall be calculated as follows:

(1) If sign area calculations are completed by the applicant and provided to the City as a part of the application, the area of a sign (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, rectangle or contiguous combination thereof that will encompass the extreme limits of the copy, representation, emblem and/or other display including all area within individual letters and between individual letters, words, representations and emblems or logos;

(2) The area of a sign, or any portion thereof, shall exclude any decorative embellishments and any supporting framework, bracing, or decorative fence or wall when such structures do not include letters, parts of letters, words, figures, numerals, emblems, devices, designs, trademarks, posters, handbills or other objects affixed thereon and is clearly incidental to the display itself.

(3) The area of a sign, or any portion thereof, having a distinctive design, color, or ornamental background commonly known and identified with the trade or business which sets the background apart from a larger surface so that it forms an integral part or element of the sign, including any frame that forms an integral part of the display or is used to differentiate the sign from the backdrop or structure against which it is placed, shall include the area of the distinctive design, color, or ornamental background.

(4) The total area of a sign having two faces with a maximum distance between the two faces less than forty-two (42) inches at any point of each face, shall be considered to be the area of the largest face.

(5) The total area of a sign having more than two faces shall be the sum of the area of all the faces of the sign, less the area of the smallest face.

(6) If sign area calculations are not provided by the applicant as part of the application, the area of a sign shall be computed by the City by means of the smallest single square or rectangle that will encompass the extreme limits of the copy, representation, emblem, and/or other display including all area within individual letters and between individual letters, words, representations and emblems or logos.

(b) Computation of Freestanding Sign Height. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the curb of a public street, or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
(Ord. 057-2012. Passed 3-19-12.)

1143.03 SIGNS EXEMPT FROM REGULATION.

(a) Traffic or other public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance, such as the following: legal notices, railroad crossings, danger or other emergency signs.

(b) Signs painted on or permanently attached to motor vehicles which are legally licensed and primarily used on the highways for commercial or business purposes such as transporting of persons, goods or equipment: provided that no such vehicle displaying a sign may be parked within the required front setback of any lot or on any public right of way for the purpose of advertising any service, product or facility.

(c) Private traffic control signs such as stop, yield, in, out, drive-in window entrance, exit, etc. as long as the sign meets Department of Transportation standards and contain no advertising, logo, or name for the business or use.

(d) Holiday lights and decorations with no commercial message, but only between November 15 and January 15.

(e) Flags of the United States, the state, city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction provided that such a flag shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner or a pennant sign and shall be subject to regulation as such.

1143.04 PROHIBITED SIGNS.

The following signs shall not be permitted, erected, or maintained in any district:

(a) Signs stationary or movable; rotating or movable in any plane which incorporates in any manner any flashing or moving light sources except as provided for in Section 1143.16.

(b) Any sign or sign structure which:

(1) Is structurally unsafe; or

(2) Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment; or

(3) Is not kept in good repair; or

(4) Is capable of causing electrical shocks to persons likely to come in contact with it.

(c) Any sign which, by reason of its size, location, content, coloring, or manner of illumination, constitutes a traffic hazard by obstructing or distracting the vision of drivers, or by obstructing or detracting from the visibility of any traffic sign or control device on public streets and roads.

(d) Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required entrance or exit way.

(e) Any sign which makes use of words such as "Stop", "Look", "Danger" or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead or confuse traffic.

(f) Any sign or other advertising structure containing any obscene matter.

(g) Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold on the premises or is otherwise is not a valid nonconforming use for said sign. Such sign and its supporting structure shall be removed within a period of ninety (90) calendar days after the business ceases operation or is not a valid nonconforming use, whichever first occurs.

(h) Balloon or other inflatable signs.

(i) Billboards.

(j) Roof signs.

(k) Pennants, streamers, and street banners.

(l) Pole signs (exception: pole signs existing at the time of passage of this section which shall be subject to all other restrictions set forth under Section 1143.21)

(m) Signs which use plasma illumination technology.

(n) Animated signs or signs with any moving parts.

(o) Any sign unlawfully installed, erected, maintained, or otherwise not in conformance with the Maumee Building Code.

(Ord. 040-2023. Passed 11-6-23.)

1143.05 PERMITS REQUIRED.

Except as otherwise provided, no person shall erect, alter, enlarge, relocate, or maintain within the City any sign or advertising structure without first obtaining a permit as herein prescribed except in conformity with the provisions of this chapter.

(a) Before any permit is granted for the erection of a sign plans shall be filed with the Building and Zoning Inspector showing the dimensions, materials and required details of construction including size, color, loads, stresses and anchorage. These plans shall bear the seal of a registered engineer. The application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected.

(b) A permit fee shall be paid to the City for each permit as required by this Chapter.

1143.06 ON-PREMISES ADVERTISING SIGNS.

The following types of permanent signs shall be permitted in the following districts in accordance with the regulations described in this section and in Section 1143.07 (Signs Permitted in All Districts), Section 1143.08 (Number of On-premises Advertising Signs Permitted), Section 1143.12 (Schedule of Regulations for On-premises Signs), and definitions described in Chapter 1101 (Definitions).

District	Permitted Signs
R-1, R-2, and R-3	Signs listed in Section 1143.07(a) through (f) (Signs Permitted in All Districts)
Design Review Overlay District, the C-3 Uptown Design Review Overlay District, the Old Maumee Architectural Overlay District, PUD, FP, and OS	Signs listed in Section 1143.07 (Signs Permitted in All Districts)
C-1, C-2, C-4, C-M, M-1, and M-2	Signs listed in Section 1143.07 (Signs Permitted in All Districts), plus wall signs, marquee, sign, projecting sign, and ground sign as regulated in Section 1143.12 (Schedule of Regulations for On-premises Signs).
C-3	Signs listed in Section 1143.07 (Signs Permitted in All Districts) and in Section 1143.13 (Signs in Uptown Commercial District)

1143.07 SIGNS PERMITTED IN ALL DISTRICTS WITHOUT A SIGN PERMIT.

The following types of permanent signs shall be permitted in all districts where the principal uses to which they are related are permitted. Permits shall not be required for signs enumerated in this section.

(a) House numbers and nameplates identifying the address of a parcel of land and not exceeding one square foot in area.

(b) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible material.

(d) Identification signs may be permitted at each vehicle entrance to a completed residential development and placed only on private property by permission of the owner of that property. Each sign shall have a surface area not to exceed twenty (20) square feet.

(e) Vending machines and vending structures shall be permitted signs only attached to the machine or structure.

(f) Home occupation signage subject to Section 1131.01(k).

(g) Institutional bulletin boards subject to the appropriate area, height and placement requirements.

(h) The changing of movable parts of an approved sign that is designed for such changes, or the repainting or repositioning of display matter provided the conditions of the original approval and the requirements of this chapter continue to be met.

1143.08 NUMBER OF ON-PREMISES ADVERTISING SIGNS PERMITTED.

(a) In the case of through lots (a lot or lots held under one ownership fronting on two streets, on a street and alley or on a street and any public way), one sign may be allowed per access way.

(b) In the case of a corner lot or through lot situated on two or more streets, signs may be permitted on each street.

(c) Each business center shall be permitted one ground sign for each major thoroughfare frontage, provided, however, there shall be allowed one business or identification sign attached to the ground sign for each business within the business center.

(c) Each business occupancy other than the ground floor shall be entitled to one business or identification sign of the wall or flat type or incorporated within a permitted projecting sign. These wall signs shall not be larger than one-third (1/3) the permitted wall sign for the first floor business.

(d) One corporate flag may be flown from a flag pole which does not exceed the height of the principal building on the lot.

(Ord. 131-2015. Passed 8-3-15.)

1143.09 OFF-PREMISES SIGNAGE.

No temporary or permanent signage shall be permitted to be placed off-premises except as specified in this section and no temporary or permanent signage shall be permitted to be placed in any City right of way.

(a) In addition to any permitted on-premises signage, no more than two (2) temporary signs may be placed off-premises on private property with the permission of the owner or person having the right to possession of the property, for those temporary sign functions specified in Section 1143.11(e) and Section 1143.11(g). Such temporary off-premises signs shall conform to all applicable specifications for permitted on-premises signage set forth in Section 1143.11 (Schedule of Regulations for Temporary Signs).

(b) In addition to any permitted on-premises signage, an unlimited number of temporary signs may be placed off-premises on private property with the permission of the owner or person having the right of possession of the property, for temporary election signs as specified in Section 1143.07(f). Such temporary off-premises election signs shall conform to all applicable specifications for permitted on-premises signage set forth in Section 1143.11 (Schedule of Regulations for Temporary Signs).

(c) Upon application to the Planning Commission, the Planning Commission may approve a special permit for permanent off-premises commercial signage if the applicant proves all of the following to the satisfaction of the Planning Commission:

(1) Roadway access is limited to the business which makes it difficult for motorists to find their way to the premises; and

(2) The applicant is dependent upon drive-by traffic for a significant percentage of business.

1143.10 TEMPORARY SIGNS.

Temporary signs shall be erected in accordance with the use, area, height and placement regulations of Section 1143.11 (Schedule of Regulations for Temporary Signs). Permits for such signs shall specify the maximum continuous length of time such sign may be used and such sign shall thereafter be removed by the permitted sign owner unless such time is extended by the Director of Public Safety upon finding that such sign is not detrimental to the surrounding area. Fees for temporary signs shall be required as directed by ordinance of City Council.

1143.11 SCHEDULE OF REGULATIONS FOR TEMPORARY SIGNS.

The following regulations shall apply to temporary signs in all districts except C-M Districts:

Temporary Sign Function		Type Structure	Area (S.F.)	Height & Placement	Maximum Duration
(a)	Future development sign which advertises a residential, commercial or industrial property under development and the name of the developer, contractor, engineers, and architects.	Ground	32	Not to exceed 8 ft. in height. All permitted temporary signs shall be located in any required yard, but shall not be permitted within public right-of-way	May be issued prior to first building permit and valid for 12 months; renewable.
(b)	Construction identification sign which identifies the name of project developers, contractors, engineers and architects on a site being developed.	Ground or wall	32	Not to exceed 8 ft. in height. All permitted temporary signs shall be located in any required yard, but shall not be permitted within public right-of-way,	Not to be issued prior to issuance of first building permit and is valid until recalled by the Director of Public Safety
(c)	Residential real estate sale sign which identifies the sale of the property upon which the sign is located.	Portable signs secured by driving posts in ground	6	Not to exceed 5 ft. in height. All permitted temporary signs shall be located in any required yard, but shall not be permitted within public right-of-way.	One year; renewable.
(d)	Industrial or commercial real estate business sign which advertises the sale, rental or lease of surrounding properties.	Ground or wall	20 s.f. on developed properties. 32 s.f. on undeveloped properties	Not to exceed 8 ft. in height. All permitted temporary signs shall be located in any required yard, but shall not be permitted within public right-of-way.	One year; renewable.
(e)	An off-site sign directing the public to a real estate development or real estate open house.	Portable signs secured by driving posts in ground, or other “A” frame sign.	6	Not to exceed 5 ft. in height. All permitted temporary signs shall be located in any required yard, but shall not be permitted within public right-of-way.
(f)	Election signs: ground pole signs advocating or opposing a candidate for public office or a position on an issue to be determined at the election, may be erected without permit	Ground		All permitted temporary signs shall be located in any required yard, but shall not be permitted within public right-of-way

Temporary Sign Function		Type Structure	Area (S.F.)	Height & Placement	Maximum Duration
(g)	A sign, not including a real estate sign, advertising private sales in a residential district which are open to the general public, including auctions, estate sales, rummage sales and garage sales, but excluding single-item sales.	Portable signs secured by driving posts in ground	6	Not to exceed 5 ft. in height on the premises on private property with permission of the owner but shall not be permitted within public right-of-way	4 calendar days; non-renewable
(h)	New business, new promotion or when existing permanent sign is damaged.	Promotional banners	60 s.f.	See Section 1143.12 (Schedule of Regulations for On-premises Wall Signs)	Maximum of 30 calendar days per year. No extensions allowed.
(i)	Single-item sales of vehicles, watercraft or other outdoor machinery and equipment.	Portable signs affixed to sale item.	4	On the premises in any required yard, excluding public right-of- way.	Maximum of 14 calendar days; two times per calendar year.

(A.O.; Ord. 131-2015. Passed 8-3-15.)

1143.12 SCHEDULE OF REGULATIONS FOR ON-PREMISES SIGNS.

The following regulations shall apply to permanent signs permitted in districts as described in Section 1143.06:

Total square footage of building footprint or single tenant space:	Maximum size of Wall Signs:	Max. size of Wall Signs on facades sharing common frontage with adjacent multi- tenant structures:	Number of Wall Signs permitted:	Maximum size of Entrance Identificati on signs:	Number of Entrance identificati on signs permitted:	Number of Projecting or Marquee Signs permitted:	Maximum size of Projecting and Marquee Signs:	Maximum size and height of Ground Signs:
80,001 or more square feet	200 square feet *(l)	100 square feet *(l)	No more than one (1) per facade and no more than three (3) per structure or first floor tenant space	Twelve (12) square feet	One (1) per outside entrance or service window *(ll)	No more than one (1) per facade, and no more than two (2) per structure or tenant space *(lll)	20 square feet per face	Maximum height of 10 feet with 32 sq. ft. of surface space per face at property line with 2 sq. ft. of additional surface face per 1 linear ft. set back from property line up to a maximum of 200 sq. ft.
50,001 - 80,000 square feet	175 square feet *(l)	100 square feet *(l)	No more than one (1) per facade, and no more than three (3) per structure or first floor tenant space	Ten (10) square feet
50,000 square feet or less	150 square feet	100 square feet	No more than one (1) per facade, and no more than two (2) per structure or first floor tenant space	Eight (8) square feet

* See footnotes next page

(Ord. 131-2015. Passed 8-3-15.)

I. Wall signs shall not exceed one and one-half (1 ½ ) square foot per linear foot of frontage of the façade the sign is mounted upon, up to the maximum size allowed under Section 1143.12. Wall Signs may only be placed upon the building which houses the business they advertise. In the case of multi-tenant structures, wall signs may only be placed upon an exterior wall of the leased space which houses the business they advertise. Wall Signs shall be a minimum of eight (8) feet above grade and shall not extend above the parapet, if any, or roofline.

II. An applicant shall be entitled to utilize two (2) Entrance Identification Signs for a public entrance or service window so long as each Entrance Identification Sign does not exceed fifty percent (50%) of the size limitations set forth in Section 1143.12.

III. No single occupant structure or tenant space shall have more than two (2) projecting or marquee signs and no more than one (1) projecting or marquee sign per façade. Unless used as the Entrance Identification Sign, each projecting or marquee sign placed upon a building shall reduce the total number of allowable wall signs by one (1) for that occupant. Projecting and marquee signs shall be at least eight (8) feet above grade, not more than fifteen (15) feet above grade and shall not extend more than six (6) feet from the facade.

(Ord. 057-2012. Passed 3-19-12.)

1143.13 SIGNS IN UPTOWN COMMERCIAL DISTRICT.

(a) In order to complement, preserve and enhance the unique architectural features of the Uptown Commercial District, it is the intent of this section to apply different sign size, height, placement and illumination regulations to the area bounded by the Anthony Wayne Trail, Gibbs Street, Allen Street and the south corporate limits in order to encourage artistry and creativity in signage in the Uptown Commercial District. Due to the density of the commercial buildings, the lack of front and side yard setbacks, the configuration of the commercial area, the emphasis on pedestrian traffic and its distinction from other commercial areas in the City, the quality and quantity of on-premises advertising contributes to the vitality, stability and overall character of the Uptown Commercial District.

(b) The following regulations shall apply to signs in the Uptown Commercial District:

(1) Approval of signs. Within the Uptown Commercial District, all new signs and sign structures, or alterations of existing signs and sign structures shall be approved by the Design Review Board prior to issuance of a permit. Signs not conforming to these regulations must obtain a variance from the Board of Zoning Appeals prior to approval of the Design Review Board.

(2) Conformance with regulations. All signs in the Uptown Commercial District not in conformance with the provisions of this section shall comply with Section 1143.21 (Nonconforming Signs) except that those signs and their supporting structures which relate to a discontinued business, activity or usage shall be removed within thirty (30) calendar days after such business, activity or usage ceases operation.

(Ord. 057-2012. Passed 3-19-12.)

(3) Schedule of regulations for On-premises Signs in the Uptown Commercial District. The following on-premises signs may, upon approval by the Design Review Board, be permitted in the Uptown Commercial District when in accordance with the following schedule of regulations:

Type of Structure	Surface Area	Max. Height	Placement	Illumination
Wall or flat sign	40 sq. ft. per side of structure or per side of each business within a structure.	As approved by Uptown Design Review Board.	As approved by Uptown Design Review Board.	Limited to external illuminate and white lights.
Projecting Sign	Maximum area 20 sq. ft. per sign face.	15 ft. to the top of the sign	Maximum one per entrance. Shall not exceed 6 ft. extension from the face of the structure wall nor be closer than 3 ft. to curb line and must have a minimum unobstructed distance of 10 ft. from sidewalk or grade	Same as wall sign.
Marquee	35 sq. ft. per premises.	Height shall not exceed top of face or valance of the marquee, awning or canopy on which the sign is located.	Maximum one per lot. Shall be attached to and contained within the perimeter of the face or valance of a marquee, awning or canopy. Shall not exceed an 8 ft. extension from the face of the structure wall nor be closer than 3 ft. to the curb line and must have minimum unobstructed distance of 10 ft. from sidewalk grade to bottom of sign	Marquees shall only be lighted internally.
Ground sign	Maximum area per sign face 3 ft. high by 5 ft. long; 15 sq. ft. maximum.	Maximum height from grade to top of sign not to exceed 5 ft.	Ground signs shall be only within a front yard and closer to the front property line than ½ the required or established setback.	Same as wall sign.

* The limitations established by the above table represent the maximums that may be approved by the Design Review Board. The maximum size, height or projection of a sign may be reduced by the Board if it is determined that a smaller sign would be more appropriate for a proposed building or location. (Ord. 218-2014. Passed 12-15-14.)

1143.14 C-M DISTRICT SIGN REGULATIONS.

C-M architectural committees shall issue regulations for temporary and permanent signage permitted within that district. Such regulations shall become effective upon approval by the Director of Public Safety. No person shall erect any sign without first obtaining a permit issued by the City nor shall any person be issued a permit by the City for any sign in the C-M District without prior written approval from the appropriate C-M architectural committee of the district in which the sign is to be placed.

1143.15 SPECIAL SIGN PROVISIONS.

Automobile full-service stations and automobile fuel-only stations may display the following special signs which are deemed customary and necessary to their respective businesses:

(a) Customer lettering or other insignia on a fuel pump consisting of the brand of fuel sold, lead warning sign and other sign required by law and not exceeding a total of three square feet on each pump.

(b) A single non-illuminated double-faced sign per fuel pump island, each of which shall not exceed four square feet in area, may be placed on a fuel pump island; such sign may extend a maximum of two (2) feet above pumps.

(c) A double-faced pricing sign for each street which shall not exceed six (6) feet in height and four (4) feet in width and placed on the property of the fuel filling station. (Ord. 131-2015. Passed 8-3-15.)

1143.16 ILLUMINATION.

No sign shall be illuminated, except in accordance with the following restrictions:

(a) Any illuminated sign shall have a constant intensity of illumination. Except electronic message centers, no sign shall contain any moving, flashing or animated lights.

(b) Electronic Message Centers are subject to the following regulations:

(1) Displayed message may change no more than one time every six (6) seconds.

(2) Changes must be made within two (2) seconds and display must return to constant illumination.

(3) Movement including animation, flashing and scrolling beyond the two (2) second change is prohibited.

(4) May not exceed fifty (50) percent of the total sign face area up to a maximum of twenty-five (25) sq. ft.

(5) Use of intermittent or full-motion video elements is prohibited at all times including during the two (2) second change period.

(6) No more than one (1) EMC shall be permitted on any lot of record.

(7) All EMC's shall have an automatic default setting to a blank, non-illuminated screen in case of malfunction.

(8) EMC's shall be designed and operated with automatic dimming features that adjust illumination from daylight to night time maximums and provide the owner/operator of the EMC the ability to reduce the illumination and/or brightness to adjust to background and ambient light conditions. These controls may include an auxiliary photocell on or near the sign.

(9) The eye Illuminance limit shall be 0.0 foot-candles (fc); which means that the increase above ambient levels of lighting caused by switching on the sign shall not exceed 0.3 fc measured at one-hundred (100) feet from the sign standing as near as perpendicular to the sign as possible, or at the edge of the pavement no more than one-hundred (100) feet from the sign using a foot-candle meter held five (5) feet above grade.

(10) EMC's located within one-hundred (100) feet of a residentially zoned district must be turned off or contain a static message of constant illumination between the hours of 10:00pm and 6:00am.

(c) Lighting external to the sign shall consist of not more than two (2) colors, including white. No external red or green lights shall be used if, in the opinion of the Director of Public Safety, such colors would create a driving hazard.

(d) Illumination shall be so arranged as to reflect light away from residential premises and in such a manner so as not to cast glare.

(e) Exterior exposed gaseous tube type signs (neon) shall only be permitted in commercial (C) zoning districts.

(f) The provisions of this section shall apply not only to exterior signs, but also the interior signs which are designed or placed to show through windows or doors of structures. (Ord. 131-2015. Passed 8-3-15.)

1143.17 LICENSES AND LIABILITY INSURANCE TO ERECT SIGNS.

(a) No person shall erect, install, remove or re-hang any sign for which a permit fee is required under the provisions of this chapter, except for those signs listed under Section 1143.11, until a policy of public liability insurance approved by the Solicitor in the amount of three-hundred-thousand dollars ($300,000) for bodily injury and fifty-thousand dollars ($50,000) for damage to property shall have been filed as herein required with the Building and Zoning Inspector. The insurance policy shall indemnify, save and keep harmless the City from any and all costs, damages or expenses of any kind whatsoever which may be suffered by the City, or which it may be put to, or which may accrue against it by charging to or recovering from the City from or by reason of the granting of permission to erect such signs, or by reason of any act or things done under or by authority of permission granted by the Building and Zoning Inspector to erect such signs in the City or by reason of the negligence, failure or refusal of any person to comply with all provisions of this chapter applicable to such signs.

(b) Every person desiring to erect signs for which permits are required, except for those signs listed under Section 1143.11, shall apply to the Building and Zoning Inspector for a sign erector's license, and shall furnish the name and address of the proprietor, president or other senior officer in charge and such other pertinent information as the Building and Zoning Inspector may request. The Building and Zoning Inspector shall examine the qualifications of each applicant and shall cause licenses to be issued to all those properly qualified after their policies of public liability insurance have been filed and approved. Holders of sign erector's licenses shall notify the Building and Zoning Inspector of any change in the management or address of the firm or corporation.

(c) In case the holder of a sign erector's license fails to comply with any notice of the Building and Zoning Inspector relative to the improper construction or erection of any sign, the Building and Zoning Inspector shall notify the senior officer in charge of such firm or corporation to appear before him at a stated time and show cause why his firm's license should not be revoked. The notice to appear shall be in writing and shall be sent by registered mail by the Building and Zoning Inspector to the address shown upon the records of the Building Division. After such hearing, the Building and Zoning Inspector shall recommend to the Director of Public Safety that such sign erector's license be revoked if he is not satisfied that the defects complained of will be promptly remedied. Also, he may recommend to the Director of Public Safety that any such license be revoked if the senior officer of the firm or corporation, or his authorized agent, does not appear for such hearing.

(Ord. 131-2015. Passed 8-3-15.)

(d) The Director of Public Safety shall revoke the license of any sign erector who does not comply with the regulations of this chapter.

(e) An owner/tenant of property upon which a sign is to be erected may receive an exemption for the sign erector's license requirement from the Building and Zoning Inspector, provided the owner/tenant is qualified to perform the necessary work as determined by the Building and Zoning Inspector. Any exemption granted by the Building and Zoning Inspector shall be valid only for a specific site and shall terminate upon the final inspection and approval of that installation.

1143.18 ADDITIONAL LIABILITY INSURANCE.

If any wall, projecting, sale or roof sign is suspended over a public street or property, or if the vertical distance of such sign above the street is greater than the horizontal distance from the sign to the street property line or parapet wall and so located as to be able to fall or be pushed onto public property, then the owner of such sign shall keep in force a public liability insurance policy approved by the Solicitor in the amount of fifty thousand dollars ($50,000) for injury to one person and one hundred thousand dollars ($100,000) for injury to more than one person, and twenty-five thousand dollars ($25,000) for damage to property; such policy to indemnify such owner and the City and its officers, agents and employees for all damage suits or actions of every nature brought or claimed against the owner for or on account of injuries or damages to persons or property received by any person or persons through any act or omission or negligence of such owner and/or the City and their respective servants, agents or employees regarding such sign, and cause a certification of such insurance to be issued to the City.

1143.19 PERFORMANCE STANDARDS.

All signs exceeding eight square feet in area and exceeding five (5) feet in height measured from ground to the top of the sign shall be made of material to withstand, and mounted and constructed to withstand, a wind load of thirty (30) pounds per square foot. Such plans shall be certified and sealed by a professional engineer, unless waived by the Director of Public Safety. All signs shall meet or exceed the requirements of Ohio Basic Building Code Article 29, Section 2907.0.

1143.20 MAINTENANCE.

All signs, together with their structural elements and supporting framework, shall be kept in good repair and in a proper state of preservation to the reasonable satisfaction of the Building and Zoning Inspector. The Building and Zoning Inspector may order the removal of any sign, any portion of its structural elements or its supporting framework that is not maintained in accordance with the provisions of this chapter sixty (60) calendar days after notice by certified mail is sent to the owner of such sign.

1143.21 NONCONFORMING SIGNS.

(a) It is the intent of this section to recognize that the elimination, as expeditiously as is reasonable, of existing signs that are not in conformity with the provisions of this chapter, is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this chapter. Sign regulations, which control the type, design, size, location, illumination, and maintenance thereof, are established in order to achieve, among others, the following purposes:

(1) To provide reasonable, yet appropriate, conditions for identifying businesses by their name within the City;

(2) To control the design of signs so that their appearance will be aesthetically harmonious with their surroundings and an overall urban design for the area;

(3) Promote pedestrian and traffic safety by minimizing sign hazards and obstructions;

(4) To promote attractive and maintain high value residential and commercial districts.

In establishing these objectives, the City has determined that, clearly articulated regulations and design standards will effectively promote high quality signs that enhance the appearance, function, and character of the community. All signs not conforming with the provisions of this chapter are hereby declared a nuisance. It is further declared that the regulations contained in this chapter are the minimum regulation necessary to abate the nuisance and to achieve the purposes of this chapter

(b) No nonconforming sign or sign structure:

(1) Shall be changed to another nonconforming sign;

(2) Shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is designed for periodic change of message;

(3) Shall be structurally altered so as to prolong the life of the sign, or the structure or pole supporting the sign, or altered so as to change the shape, size, type, or design of the sign;

(4) Shall have the face or faces changed when such sign is of a type of construction to permit a change of face or faces;

(5) Shall be reestablished after the activity, business, or usage to which it relates has been discontinued for ninety (90) calendar days or longer; or

(6) Shall be reestablished after damage or destruction if the estimated expense of reconstruction exceeds fifty percent (50%) of the appraised replacement cost of the sign as determined by the Director of Public Safety.

(c) Notwithstanding the foregoing provisions, all graphics, signs, marquees, canopies, and awnings rendered nonconforming by the provisions of this chapter and permitted to continue, may be required to be removed, altered, or remodeled to conform to the provisions of this chapter upon request of the City Administrator or Urban Planning Manager.

(Ord. 024-2024. Passed 6-25-24.)

1143.22 APPEAL FOR VARIANCE.

A person aggrieved by an order, decision or requirement of the Building and Zoning Inspector under this chapter may appeal to the Board of Zoning Appeals pursuant to Section 1105.02(c)(4) (Special Sign Variance).

The Board of Zoning Appeals shall hear and decide appeals from and review any order, requirement, decision or determination of this chapter. The Board may grant a variance for a sign which does not comply with the provisions of this chapter if, in addition to the requirements of Section 1105.02 (c)(2)(B), it determines that all of the following criteria are met:

(a) The particular sign will be in harmony with the general purpose and intent of this chapter; and

(b) The sign will not be injurious to the immediate neighborhood or adjacent land use; and

(d) The sign will not be hazardous to passing traffic or otherwise detrimental to the public safety and welfare.

In granting such special permit, the Board shall specify the size, type and location of the sign and impose such other reasonable terms, restrictions and conditions as it may deem to be in the public interest.
(Ord. 057-2012. Passed 3-19-12.)

1143.23 HIGHWAY SIGNAGE DISTRICT.

In recognition of the high traffic exposure and varying governmental signage requirements in the area west of US 23/I 475, bounded by Salisbury to the north, Monclova Road to the south, and Technology Drive and North Jerome Road to the west, the Maumee Highway Signage District is created. In supplement to the signage allowances granted by the underlying zoning classification, the Director of Public Safety may approve up to two permits per parcel for sign age that otherwise does not conform to the provisions of Chapter 1143, provided the following conditions are met:

(a) An application and sign plan shall be filed with the Building and Zoning Inspector showing the dimensions, materials, and required details of construction including size, color, loads, stresses, and anchorage. If required by the Building Inspector, the plan(s) shall bear the seal of a registered engineer. The application shall be accompanied by the written consent of the owner of the premises upon which the sign is to be erected.

(b) The subject parcel for which a Highway Signage Permit is requested must front directly on US 23/I 475 right-of-way and must contain a building of a minimum size of one hundred thousand (100,000) square feet. Parcels that do not directly abut this highway right.of-way are ineligible to apply for signage permits under this section.

(d) That any applicable private association having design review over the applicant's parcel, if applicable, approve the proposed sign design prior to review by the City. The applicant shall state upon application whether private association design review is applicable.

(e) The signage will only be placed on the side of the structure or yard directly fronting on US 23/I 475 rights-of-way and will not exceed thirty three percent (33%) of the square footage of the building elevation facing US 23/I 475. If more than one permit is granted under this section, the total signage area for both will not exceed thirty three percent (33%) of the square footage of the building elevation facing US 23/I 475. The measurements in this section will be by the method prescribed in Section 1143.02(a)(1). Banner area shall be calculated by the area contained within all corners.

(f) The Director of Public Safety shall find that the proposed signage is unique and promotional in nature and not for the purpose of advertising retail sale promotions or merely increasing the size of the company brand name as otherwise limited by Chapter 1143. Examples of signage permitted under this section would be signage would include but not be limited to: company marketing slogans secondary to the brand name, award designations, congratulatory messages, and charitable sponsorships.

(g) All permits granted shall be for a period of six (6) months, subject to renewal for additional six month periods upon application and payment of the fee enumerated herein. In issuing a permit under this section, the Safety Director may attach any conditions he may deem necessary to protect the health, safety, and design integrity of the community. All signs shall be maintained in a professional manner. Failure to abide by the terms and conditions of the permit shall make the permit holder liable for any penalty under the Maumee Planning and Zoning Code including immediate revocation of the permit.

(h) That permit holders agree that all signage granted under this section is temporary in nature and further agree that such signage shall be taken down at the permit holder's expense upon either the expiration of the Highway Signage Permit or the termination of Section 1143.23.

(Ord. 122-2017. Passed 7-17-17.)

1144.01 INTENT.

Wireless telecommunication facilities may be installed, erected, modified, and maintained as a conditional use in all zoning districts except FP Floodplain District pursuant to Section 1127.13 and the provisions of this chapter.

(Ord. 131-2015. Passed 8-3-15.)

1144.02 PURPOSE.

The purpose of this chapter is:

(a) To ensure the provision of personal wireless service within the corporate boundaries of and for the benefit of the residents of the City of Maumee;

(b) To protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics;

(d) To maximize the use of existing and approved wireless telecommunications facilities to accommodate multiple antennas in order to reduce the number of towers needed to serve the community; and

(e) To avoid damage to adjacent properties from tower failure through structural standards and setback requirements.

1144.03 DEFINITIONS.

For purposes of this chapter, the following definitions shall apply:

(a) Accessory Equipment Structure: A building or cabinet like structure located adjacent to or in the immediate vicinity of a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, wireless data transmission, voice messaging, and paging services.

(b) Antenna: Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building, or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omnidirectional "whip" antennas.

(c) Antenna Support Structure: Any building, pole, telescoping mast, tower, tripod, or any other structure which supports an antenna.

(d) Base Transceiver Station: Equipment that provides the link between wireless communications and land based public telephone switching networks, including radio frequency transceivers, back up power amplifiers, and signal processing hardware, typically contained in a small building or cabinet.

(e) Co Location: The location of wireless telecommunications equipment from more than one provider on a common tower, building, or structure.

(f) Commercial Receiving and/or Transmitting Antenna: Any antenna erected to transfer information for commercial use.

(g) Mast: The portion of the outside antenna system to which the antenna is attached and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation.

(h) Personal Wireless Services: Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (EMR), paging, wireless data transmission, and similar service.

(i) Public Property: Land, buildings, or other structures owned or operated by the City of Maumee or any other political subdivision or governmental unit.

(j) Telecommunications Facility: A facility for the provision of personal wireless services. The facility may include, but is not limited to, a tower, monopole, antenna or other ancillary equipment, or buildings used to deliver telecommunications services.

(k) Tower: Any pole, spire, structure, or combination thereof to which antenna could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires, and braces.

1144.04 EXISTING TOWERS OR ANTENNAS.

Telecommunications facilities for which a building permit, conditional use permit, or special use permit has been properly issued prior to the effective date of this chapter are, after the effective date hereof, declared to be lawfully existing conditional uses subject to the provisions of this chapter. (Ord. 131-2015. Passed 8-3-15.)

1144.05 INTERPRETATION AND APPLICABILITY.

(a) This chapter shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996. This chapter shall apply to all persons, partnerships, limited liability companies, limited liability partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunications facilities within the corporate boundaries of the City.

(b) This chapter reserves to the City all authority contained in state law and existing City ordinances regarding land use and regulation which has not been preempted by the federal government pursuant to section 704 of the Telecommunications Act of 1996 as to the placement, construction, and modification of personal wireless service facilities.

(c) This chapter does not apply to the use or location of private residential citizen band radio towers, amateur radio towers, television antennas, or existing public safety communication facilities owned or operated by the City of Maumee or another political subdivision or governmental unit.

1144.06 GENERAL PERMIT CONDITIONS AND HEIGHT LIMITATIONS.

With the exception of the FP Floodplain District, wireless telecommunication facilities may be allowed as a conditional use in all zoning districts within the City if located or attached as follows:

(a) Water Towers. Wireless telecommunication antennas may be permitted upon City owned water towers provided the applicant has incorporated applicable performance standards set forth in this chapter and a lease agreement with the City has been approved by the City Council.

(b) Co Location on Existing Structures. Wireless telecommunication antennas may be permitted to be attached to existing, conforming privately owned water towers, church steeples, bell towers, smokestacks, grain elevators, municipal, utility, hospital, and school buildings and radio towers in accordance with applicable siting guidelines and performance standards set forth in this chapter after the applicant has provided to the City a written statement of approval from the tower or structure owner or lessor. The antenna shall not serve to extend the height of the existing, conforming steeple, tower, grain elevator, smokestack, building, or radio tower by more than fifteen (15) feet.

(c) Utility Poles. Wireless telecommunication antennas may be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility owner or lessor. The height of the antenna shall not extend more than fifteen (15) feet above the pole. Existing lattice utility pole structures may also be utilized provided the approval from the owner is obtained.

(d) Height Limitations. The height limitations for construction of new telecommunications towers and addition of antennas to existing structures and telecommunications towers shall be as follows:

(1) New tower construction in open space, commercial, or industrial zoning districts, two hundred (200) feet; and

(2) New tower construction in residential zoning districts, one hundred fifty (150) feet.

(3) Addition of antenna to existing structure (excluding telecommunications towers), not to exceed fifteen (15) feet above the height of the existing structure.

(4) Addition of antenna to existing telecommunications towers in residential districts shall not exceed the height of the existing structure.

(5) Addition of antenna to existing telecommunications tower in open space, commercial, or industrial district, not to exceed fifteen (15) feet above the height of the existing structure.

(6) Measurements shall include all parts of the wireless telecommunication tower and antenna structure measured from the base.

1144.07 NEW TOWER CONSTRUCTION.

(a) No proposal for the construction of a new wireless telecommunication tower shall be approved unless the applicant documents that the antenna planned for the proposed tower cannot reasonably be accommodated on an existing structure on public property, on an existing, conforming co location tower or structure, or on a utility pole within the applicant's search ring transcending the municipal borders for the purpose of providing service to the residents and businesses of the City, due to one or more of the following:

(1) The antenna would exceed the structural capacity of an existing tower or building; (new tower antenna support structures must be constructed to support at least three (3) additional users).

(2) The antenna would cause interference with other existing or planned equipment at the tower or building;

(3) Existing or approved towers and buildings which cannot reasonably accommodate the antenna at a height necessary to provide service to the residents and businesses of the City:

(4) Existing or approved towers and commercial buildings are outside of the documented search area; or

(5) The owners or lessors of the existing or approved towers and buildings seem unwilling to allow co location upon their facilities.

(b) No new telecommunication tower shall be constructed within one mile from any existing telecommunication tower. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries. Documentation shall be submitted with any request for a conditional use permit for a new telecommunication tower to demonstrate conformity with the separation requirements. (Ord. 131-2015. Passed 8-3-15.)

1144.08 PERFORMANCE STANDARDS.

The requirements of this section apply to all wireless telecommunications facilities erected, constructed, placed, modified, or replaced in the City of Maumee. All wireless telecommunication facilities shall be designed and situated to be visually unobtrusive to minimize the impact upon neighboring uses and shall conform to the following design and siting criteria:

(a) Setbacks:

(1) If a site in any open space, commercial, or industrial zoning district does not abut a residential district or lot, the minimum setback from any public right of way or off site building, including accessory buildings, to a wireless telecommunication tower shall be equal to two-hundred percent (200%) of the height of the tower. The minimum setback in any site in or abutting any residential zoning district or lot from any public right of way or off site building, including accessory buildings, for a wireless telecommunication tower shall be equal to two hundred percent (200%) of the height of the tower, plus fifty (50) feet. Distances shall be measured from the center of the base of the telecommunication tower to the right of way line or building. Setbacks for accessory buildings and equipment structures associated with wireless telecommunication towers and antennas shall comply with the zoning district in which the facility is located.

(2) No new wireless telecommunications facilities may be located on or within two hundred fifty (250) feet of the property line of any property designated as HP Historic Preservation District, on or within two hundred fifty (250) feet of the property line of any property within the Old Maumee Architectural District, and on or within two hundred fifty (250) feet of the of the property lines of Fort Miamis Park or the Fallen Timbers Battle site.

(b) Accessory Equipment Structures. All accessory equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district. The accessory equipment structure, or accessory equipment land parcel, shall have the capacity to house the equipment of a minimum of three (3) additional co locators.

(c) Screening. A wall not less than eight (8) feet nor more than ten (10) feet in height from finished grade shall be provided around the perimeter of all wireless telecommunication tower sites for ground mounted communications towers. The wall shall have a brick base of a minimum of six (6) feet in height, and may be topped with brick, wood, or vinyl fencing. Access to the wireless telecommunication tower site shall be through a locked gate.

(d) Landscaping and Screening. The following landscaping and buffering shall be required around the perimeter of wireless telecommunication tower sites, as follows:

(1) Landscaping shall be installed on the outside of the wall. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting the landscaping requirements.

(2) A row of shade trees a minimum of eight (8) feet tall and a maximum of ten (10) feet apart shall be planted around the perimeter of the wall.

(3) A continuous hedge at least thirty (30) inches in height at planting and capable of growing to at least thirty six (36) inches in height within eighteen (18) months shall be planted on the outside of the perimeter wall and tree line referenced above.

(4) All landscaping shall be of the evergreen variety.

(5) All landscaping shall be xeriscape tolerant or irrigated, and properly maintained to ensure good health and viability.

(e) Construction and maintenance. All new towers shall be of monopole construction and no guy wires shall be utilized. Towers and/or antenna systems shall be constructed of or treated with corrosive resistant material. A regular maintenance schedule shall be followed.

(f) Roof Mounted Wireless Communication Antennas. Roof mounted wireless telecommunication antennas shall not be permitted on buildings with pitched roofs unless they are stealth antennas incorporated into upward thrusting architectural elements such as a church steeple, spire, bell tower, smokestack, or radio tower. On flat roofs, the height of the antenna and mounting hardware may not be more than fifteen (15) feet above the highest point of the roof to which the antenna is attached.

(g) Structurally Mounted Wireless Communication Antennas. Telecommunication antennas mounted on the sides of buildings shall be attached flush with the side of the building and shall not protrude more than three (3) feet from the side of the building. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure.

(h) Lights. No antenna or tower shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes, or steady nighttime light or other illuminating devices except as may be required by the Federal Aviation Administration (FAA).

(i) Signs and Advertising. No signs and/or advertising messages shall be affixed to the antenna, tower structure, screening, or accessory equipment structure, except that one identification sign not exceeding six square feet designating the name of and contact information for the owner of the tower structure shall be attached to the perimeter wall.

(j) Other Attachments. No antenna or tower shall have constructed thereon or attached thereto any platform, catwalk, crow's nest, or like structure for the purpose of human support except during periods of construction and repair.

(k) Color. The wireless telecommunication tower and antenna shall be painted a dull sky blue or gray finish except as dictated by the Federal Aviation Administration (FAA), and shall be designed to minimize visibility and to blend into the surrounding environment.

(l) Equipment storage. No equipment, mobile or immobile, other than an emergency backup generator, shall be stored or parked on the site outside the accessory equipment structure except when maintenance or repairs to the facility are being made and such equipment is actively being utilized in the maintenance or repairs.

1144.09 OBSOLETE OR UNUSED TOWERS.

(a) All obsolete, damaged, unused, or abandoned towers, including accompanying accessory equipment structures and walls, shall be removed within one hundred eighty (180) days of the cessation of operations unless a time extension is approved by the Council of the City of Maumee. If the tower and accompanying accessory structures and walls are not removed, the site may be deemed a nuisance pursuant to the ordinances of the City of Maumee. In the event a tower is determined to be a nuisance, the City may act to abate such nuisance and require the removal of the tower at the property owner's expense.

(b) The owner shall provide the City with a copy of the notice of the Federal Communication Commission's (FCC) intent to cease operations and shall be given one hundred eighty (180) days from the date of ceasing operations to remove the obsolete tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of one hundred eighty (180) consecutive days.

1144.10 PROCEDURAL REQUIREMENTS.

(a) An applicant proposing to erect a new wireless telecommunication tower, to rebuild a tower on an existing site, or to attach an antenna or antennas to an existing structure other than an existing telecommunication tower shall follow the procedures set forth in Section 1134 for original application for or amendment to a conditional use permit. Additional application materials shall include the following:

(1) A document from the property owner or lessor that authorizes the applicant to apply for a conditional use permit to erect a wireless telecommunications tower and/or antenna.

(2) A "scaled" site plan which shows property lines, location of wireless telecommunication tower or antenna, setback distances, any accessory equipment structure, screening, and landscaping proposed.

(3) Photographs of the proposed site, an artist's or architect's sketch, concept, or rendition to scale of the site as built which demonstrates that the proposed site will be as aesthetically pleasing as possible in keeping with its surroundings, including elevations, landscaping, and screening.

(4) Sufficient information to show that construction, installation, and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons.

(5) For construction of new telecommunications towers, propagation maps identifying coverage issues to be addressed by the location of the proposed tower and to demonstrate the need for the tower at the location. The maps shall illustrate coverage both without the proposed tower and with the proposed tower.

(6) For construction of new telecommunications towers, a map identifying the location of other towers within the City of Maumee and surrounding jurisdictions within the circle of coverage for the proposed new tower.

(b) If an application proposes only to attach an antenna or antennas to an existing telecommunications tower, the application shall be considered a minor modification to the conditional use permit and may be approved by the Building and Zoning Inspector without submission to the Municipal Planning Commission or City Council. The Building and Zoning Inspector shall, within twenty-five (25) business days from the date that an application has been stamped complete and accepted for filing, either approve the application based upon a determination that the proposed application is in compliance with all minimum requirements of the Maumee Codified Ordinances, or shall approve the application, subject to conditions, modifications, and restrictions that will ensure that the proposed plan is in compliance with all minimum requirements of the Maumee Codified Ordinances. Application materials shall include the following:

(1) A document from the property owner or lessor that allows the applicant to apply for a permit to erect a wireless telecommunications antenna.

(2) A "scaled" site plan which shows property lines, location of wireless telecommunication tower and proposed antenna, setback distances, any existing and proposed accessory equipment structures, and any additional screening, and landscaping proposed.

(4) Sufficient information to show that construction, installation, and maintenance of the wireless telecommunication antenna will not create a safety hazard or damage to the property of other persons.

(Ord. 131-2015. Passed 8-3-15.)

1145.01 DEFINITIONS.

(a) “Landscaping” means the treatment of the ground, roof and parking lot surfaces with live plant materials such as, but not limited to, turf grass (i.e., lawns), ground covers, trees, shrubs, and other live plant material. In addition, a landscape design may include other decorative natural materials, as well as various types of mulch. Structural features such as fountains, pools, statues and benches shall also be considered a part of landscaping if provided in combination with live plant material. The following are applicable definitions related to landscaping:

(1) “Buffer zone” means a strip of land required between certain zoning districts reserved for plant material, berms, walls or fencing singularly or in combination to serve as a visual and noise barrier.

(2) “Caliper” means the diameter of a tree trunk in inches measured at diameter breast height (dbh) (i.e., four and one-half (4½) feet above the existing grade).

(3) “Deciduous” means a tree or shrub that sheds its foliage at the end of the growing season.

(4) “Drip line” means an imaginary vertical line that extends downward from the outermost tips of tree or shrub branches to the ground.

(5) “Evergreen” means a tree or shrub with persistent foliage (i.e., needles or broadleaves) that remains green throughout the year.

(6) “Greenbelt” means the land abutting a public street, private street or access drive that shall be reserved as a landscaped area to serve as an obscuring screen, noise abatement and visual enhancement along roadway corridors in accordance with this Chapter.

(7) “Ground covers” mean low-growing plants, including various types of:

A. Woody plants and vines (e.g., myrtle, pachysandra, ivy) planted to become dense after one (1) complete growing season and prevent weeds and soil erosion;

B. Perennials (i.e., flowers, herbs, ornamental grasses and other plants) which die back at the end of each growing season and regenerate at the beginning of the next growing season (including bulbs), planted to become dense after one (1) complete growing season and prevent weeds and soil erosion.

C. Annuals (i.e., flowers, herbs, ornamental grasses and other plants) which die at the end of each growing season in USDA Plant Hardiness Zone 6a, planted at sufficient density to prevent weeds and soil erosion.

(8) “Landscape features” mean various manmade items typically found in the landscape including, but not limited to, outdoor furniture (e.g., benches, tables, and chairs, etc.), statuary, and birdbaths.

(9) “Mulch” means processed pervious organic (e.g., shredded bark, wood chips, etc.) and inorganic (e.g., pea gravel, larger stones and rocks, etc.) materials utilized in planting areas to prevent weeds and soil erosion and retain soil moisture.

(10) “Plant schedule” means a listing of the plants proposed as part of a landscape design which is keyed to the landscape plan as includes the following information: quantity (i.e., number of plants), common name, botanical name (i.e., genus, species, and variety (if applicable)) type (as defined in this chapter), size (at time of installation), and root ball (i.e., ball and burlap (B&B), bare root, or container). Please see the plant schedule example.

Plant Schedule Example

Key	Quant.	Common Name	Botanical Name	Type of Plant	Size	Root Ball
AE	4	Celebration® Maple	Acer x freemanii 'Celzam'	Canopy Tree	3-in Cal	B&B
CF	1	Flowering Dogwood	Gorans florida	Ornamental Tree	8-ft height	B&B
EA	5	Dwarf Burning Bush	Euonymiis alatus 'Compacta'	Large Deciduous Shrub	3-ft height	Container
SJ	9	Little Princess Spirea	Spiraea japoniea 'Little Princess'	Small Deciduous Shrub	2-ft height	Container
CO	3	Hinoki Femspray Cypress	Cliamaecyparis obtusa 'Filicoides'	Upright Evergreen Shrub	2-ft height	Container
TD	5	Densi Yew	Taxus densiformis 'Densi'	Spreading Evergreen Shrub	3-ft spread	Container
HH	80	Baltic Ivy	Hedera helix 'Baltica'	Ground Cover	N/A	Container

(11) “Shrub” means a deciduous or evergreen plant which at maturity is less than thirteen (13) feet in height with multiple stems and having a general bushy appearance or maintained as a hedge.

A. Small means a mature (or maintained) height of thirty (30) inches or less.

B. Large means a mature height between thirty (30) inches and thirteen (13) feet.

C. Upright form means taller than its width at maturity.

D. Spreading form means shorter than its width at maturity.

(12) “Tree” means a woody plant which at maturity is thirteen (13) feet or more in height with a perennial trunk and having a definite crown of foliage.

A. Canopy tree means a deciduous tree which has a height of twenty-five (25) feet or more and a single trunk with at least five (5) feet of clear stem at maturity.

B. Ornamental tree means a deciduous or evergreen tree that is typically grown because of its shape, flowering characteristics or other attractive features (e.g., exfoliating bark, multiple-stems, fruit, etc.) and typically grows to a mature height of twenty-five (25) feet or less.

(13) “Turf grass” means any family of plants with narrow leaves normally grown as permanent lawns (i.e., turf) in northwest Ohio.

(Ord. 093-2020. Passed 7-6-20.)

1145.02 GENERAL REQUIREMENTS - LANDSCAPE PLANS AND SITE PLAN REVIEW.

(a) Intent. Landscaping is necessary for the protection and enhancement of the environment and for the continued vitality of all land uses in the City. The intent of this section is to promote the public health, safety and welfare by establishing minimum standards for the design, installation, and maintenance of landscape improvement. The requirements of this section are intended to help achieve a number of functional and environmental objectives such as:

(1) To promote the implementation of the city's comprehensive plan and any related subarea plans;

(2) To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, reduction of greenhouse gasses, groundwater recharge, and storm water runoff retardation, while at the same time aiding in noise, glare and the reduction of heat islands;

(3) To encourage the preservation of existing trees and vegetation;

(4) To assist in providing adequate light and air and in preventing overcrowding of land;

(5) To provide visual buffering and enhance the beautification of the city;

(6) To reduce the physical impact between adjacent land uses by requiring complementary landscape treatments and providing a transitional area adjacent to natural areas;

(7) To safeguard and enhance property values and to protect public and private investment;

(8) To preserve, protect and restore the unique identity and environment of the City of Maumee and preserve the economic base attracted to the city by such factors;

(9) To define, articulate and integrate outdoor spaces, architectural elements, and various site elements;

(10) To conserve energy, and to protect the public health, safety, and general welfare;

(11) To provide habitat for living things that might not otherwise occur or be found in urban environs; and

(12) To provide reasonable standards to bring developed sites that existed prior to the adoption of these standards into compliance with the requirements contained herein.

(13) To offset the carbon "footprint" of buildings, structures, parking, etc.

(b) Scope of Application.

(1) The requirements set forth in this section will apply to all uses, lots, sites, and parcels that are developed or expanded following the effective date of this section. No site plan that is reviewed in accordance with Chapter 1135, site plan review procedures and requirements, may be approved unless the site plan shows required landscaping consistent with the provisions of this section. Except for plans pertaining to one or two-family use, the landscape plan shall be prepared by a Landscape Architect registered in the State of Ohio.

(2) Where landscaping is required, a building permit will not be issued until the required landscape plan is submitted and approved, and a certificate of occupancy will not be issued by the chief building official (or designee) unless provisions set forth in this section have been met or by providing either a performance guarantee, as authorized by Section 1145.08; or by entering into a development agreement with the City stipulating mile stones, costs and surety.

(3) The Zoning Administrator (or designee) will determine if the existing landscaping or screening identified for preservation meets the intent of this section (see subsection (d) of this section).

(4) Each landscape plan will be independently reviewed; the City Administrator, upon consultation with the Zoning Administrator (or designee) may determine that there exist unique circumstances that would prevent the installation of all or a portion of the required site landscaping, greenbelts, buffer zones, and parking lot landscaping or detention/retention basin landscaping requirements.

A. Such a determination must be made based upon criteria such as the following:

1. Topography;

2. Existing woodlands, wetland, floodplain, drainage conditions and poor soils;

3. Types and distance to adjacent land uses;

4. Dimensional conditions unique to the parcel;

5. Provision of adequate sight distances/clearance for motorists and pedestrians;

6. Health, safety and welfare of the city;

7. Clearance from overhead utility lines and separation from underground utilities; and

8. Accessibility to fire hydrants.

B. In return the applicant will be required to incorporate at least one (1) of the following elements in the landscape plan:

1. The utilization of credits obtained by preserving existing vegetation per the standards of subsection (c)(3)e.

2. Placing the required plant material elsewhere on the site, as approved by the Zoning Administrator (or designee);

3. Use of larger plant material (see subsection (c)(1) of this section); or

4. An alternative proposed by the applicant in writing and approved by the Zoning Administrator (or designee) (see subsection (g) of this section).

(5) Landscape plan review required. A separate landscape plan detailing the landscape changes consistent with the standards of this chapter must be submitted to the Zoning Administrator (or designee) when:

A. A full site plan (FSP) is mandated, per the requirements of Chapter 1135;

B. Where the building and/or parking area is being increased by at least fifteen percent (15%) or reconstructed; or

C. The building is being changed to a more intense use and/or has an existing legal non-conforming use or structure on the property, as determined by the City Administrator and/or Zoning Administrator (or designee). The change in use intensity must consider factors such as required parking, amount of traffic generated, maximum building occupancy or change to a different use category in the Building Code or Zoning Ordinance.

(1) Minimum requirements. The requirements contained in this section are considered the minimum necessary to achieve the intent of this section, but nothing herein will preclude the use of more extensive landscaping to further improve the function, appearance and value of the property. The use of larger plant material may be used to count towards the overall minimum planting requirements (i.e. planting a twelve-foot tall evergreen when a six-foot is required equals credit for one and one-half (1½) trees). All substitutions may be allowed at the discretion of the City Administrator upon consultation with the Zoning Administrator.

(2) Appropriate design professional requirement. The Zoning Administrator (or designee) may require the landscape plans to be prepared by an appropriate design professional due to the complexity of a project or another compelling issue.

(3) Required information. The landscape plan must demonstrate that all requirements of this section are met and must include the following information:

A. Illustration of the location, spacing, species, size and root ball of proposed plant material, including a plant schedule;

B. Separately identify compliance with the minimum numeric requirements (rounded up) for site landscaping, greenbelts, buffer zones, parking lot landscaping, and detention/retention ponds, rain gardens, rainwater harvesting systems, and hydrologic separators which utilize swirl concentration to separate trash, debris, sediment, and hydrocarbons from storm water runoff;

C. Clearly identify and delineate proposed planting beds and turf grass areas;

D. Provide typical cross sections to illustrate views from adjacent land uses, and the slope, height, and width of proposed berms or landscape elements, as required by the Zoning Administrator (or designee);

E. Existing vegetation survey. Provide a survey of existing vegetation in accordance with Section 1145.03 of this chapter which denotes the following:

1. Trees, noting their size (i.e., caliper or height) and type (i.e., canopy, evergreen, or other ornamental);

2. Shrubs, noting their size and type/form (i.e., upright or spreading evergreen or small or large deciduous);

3. Ground covers, noting their size/coverage and type (i.e., woody plants and vines or perennials); and

4. Identify the vegetation proposed for preservation and the credits (if any) that will be claimed per the standards cited in Section 1145.03 of this chapter.

5. Additional information may be required by the Zoning Administrator based on the existing conditions of a site. All credits to landscaping standards shall be approved at the discretion the City Administrator, upon consultation with the Zoning Administrator.

F. Delineate the location of protective fencing around existing vegetation identified for preservation per the standards of Section 1145.07 (d) of this chapter. A detail of all such fencing must be provided on the landscape plan and meet the standards for such fencing included in Section 1145.07 of this chapter;

G. Provide construction details to resolve specific conditions such as limits of grading adjacent to areas with trees and vegetative cover to be preserved, tree wells to preserve existing trees, culverts, and/or drain tile to maintain natural drainage patterns;

H. Provide details to ensure proper installation and establishment of proposed plant material (e.g., tree stakes, guy wires, protective fencing, etc.), as directed by the Zoning Administrator (or designee); and

I. Identify a landscape maintenance program, including a statement that all diseased, damaged or dead materials will be replaced in accordance with the requirements of this section.

(d) Landscape Standards.

(1) All landscaping must conform to the following standards, unless otherwise approved by the City Administrator upon consultation with Zoning Administrator (or designee), each of which will be calculated separately. A professionally designed landscape irrigation system shall be required to ensure plant life.

Table of Landscape Standards
Location	Dimensions (min.)	Landscape Quantities (a)	Shrubs (min.) (b)	Other Materials
Location	Dimensions (min.)	Trees (min.)	Shrubs (min.) (b)	Other Materials
Site Landscaping (n)
Within the lawn extension/terrace (i.e., between the sidewalk and street curb)	2.5"	1 canopy tree per each 30 linear feet of frontage	Turf grass (i.e., lawns) and planting beds (per the requirements of subsection (e)(6) of this section). Shrubs, stone, hard surfaces or walls are not allowed in the terrace area unless there are unusual circumstances present and the Zoning Administrator concurs.
Cul-de-sac islands (if applicable)	2.5" or 7'-8' Spruce	1 canopy or evergreen tree per each 500 sq. ft. area	Turf grass (i.e., lawns) and planting beds (per the requirements of subsection (e)(6) of this section)
Front Yard (new residential only) Between the principal structure and the sidewalk/right-of-way line	2.5"	1 tree per each 30 linear feet of frontage	4 shrubs per each 20 linear feet or, if not feasible, sufficient ornamental trees and shrubs (as determined by the Zoning Administrator (or designee)) located in clearly defined planting beds to screen views to the adjacent street, as well as turf grass (i.e., lawns)
Outdoor ground mounted equipment (i.e. HVAC units, etc.)			Mature evergreen hedge or privacy fence or wall no less than the height of the equipment
Entire property - Open areas remaining after accounting for the required landscape areas	2.5"	1 tree per each 1,200 sq. ft. of total lot area	1 large shrub per each 400 sq. ft. of total lot area	Turf grass and planting beds

Table of Landscape Standards
Location	Dimensions (min.)	Landscape Quantities (a)	Shrubs (min.) (b)	Other Materials
		Trees (min.)
Greenbelts (c)
All zoning districts or uses - Between the principal structure or use and the sidewalk/right-of-way line	2.5"	1 tree per each 30 linear feet of frontage (d, e)	4 shrubs per each 20 linear feet or, if not feasible, sufficient ornamental trees and shrubs (as determined by the Zoning Administrator (or designee)) located in clearly defined planting beds to screen views as well as turf grass (i.e., lawns) (d, e)
Buffer Zones
Multiple-family residential district or use adjacent to one-family and one- and two-family residential districts or uses - Between the principal structure or use and the property boundary	2.5" or 7'-8' Spruce	1 canopy or evergreen tree per each 20 linear feet	4 shrubs per each 20 linear feet or, if not feasible, sufficient ornamental trees and shrubs (as determined by the Zoning Administrator (or designee)) located in clearly defined planting beds to screen views as well as turf grass (i.e., lawns)
Institutional uses adjacent to any residential district or use - Between the principal structure or use and the property boundary	2.5" or 7'-8' Spruce	1 canopy or evergreen tree per each 20 linear feet	4 shrubs per each 20 linear feet or, if not feasible, sufficient ornamental trees and shrubs (as determined by the Zoning Administrator (or designee)) located in clearly defined planting beds to screen views as well as turf grass (i.e., lawns)
Commercial and industrial district or use adjacent to any residential district or use - Between the principal structure or use and the property boundary	2.5" and 7'-8" Spruce	1 canopy tree and 2 evergreen trees per each 20 linear feet	4 shrubs per each 20 linear feet or, if not feasible, sufficient ornamental trees and shrubs (as determined by the Zoning Administrator (or designee)) located in clearly defined planting beds to screen views as well as turf grass (i.e., lawns)

Table of Landscape Standards
Location	Dimensions (min.)	Landscape Quantities (a)	Shrubs (min.) (b)	Other Materials
Location	Dimensions (min.)	Trees (min.)	Shrubs (min.) (b)	Other Materials
Industrial district or use adjacent to any commercial district or use - Between the principal structure or use and the property boundary	2.5" or 7'-8" Spruce	1 canopy or evergreen tree per each 20 linear feet	4 shrubs per each 20 linear feet or, if not feasible, sufficient ornamental trees and shrubs (as determined by the Zoning Administrator (or designee)) located in clearly defined planting beds to screen views as well as turf grass (i.e., lawns)
Berm and/or Masonry Wall (f)
Along the lot line, but outside of the required front yard setback (g, h)	Between 4 and 6 feet tall (i)	Applicable buffer zone landscaping may also be required
Parking Lot Islands (parking areas must also comply with subsection (i) of this section)
Within and/or immediately adjacent to the parking lot, protected by curbing, and spaced no more than 15 parking spaces apart in lots with less than 75 spaces or 20 spaces apart in lots with more than 75 spaces	9 feet wide, 150 sq. ft. in area, 9 foot curve radius adjacent to aisle lanes	2 canopy trees per 150 sq. ft. of the total area comprising parking lot islands (j)	Planting beds (per the requirements of subsection (e)(5) of this section)

Table of Landscape Standards
Location	Dimensions (min.)	Landscape Quantities (a)	Shrubs (min.) (b)	Other Materials
		Trees (min.)
Perimeter Parking Lot Landscaping (parking areas must also comply with subsection (i) of this section)
Perimeter of the parking lot envelope	Parking lots must meet set back requirements from a right-of-way and abutting property lines, and required plantings must be within 10 ft. from the edge of pavement	1 canopy tree per each 2,000 sq. ft. of paved surface area (k)	3 foot tall perimeter hedge along a right-of-way or, if not feasible, sufficient shrubbery (as determined by the zoning administrator (or designee) located in clearly defined planting beds, as well as turf grace (i.e. lawns) (m, n)
Loading and Outside Storage Areas
Loading and outside storage areas		The zoning administrator (or designee) may require additional landscaping/screening for loading areas and outdoor storage areas when visible from adjoining parcels or streets
Detention and Retention Ponds (k)
Rear or side yards within a natural or man-made depression designed to appear natural or free formed		1 tree per each 50 linear feet measured at the top bank of the pond (l, m)	10 shrubs per 50 linear feet measured at the top of the pond or, if not feasible, sufficient shrubbery (as determined by the zoning administrator (or designee)), located in clearly defined planting beds plus a native seed mix on the slopes to prevent erosion (l, m)

(2) Footnotes to the Table of Landscape Standards.

a. Adjustments in the placement of plantings are subject to any required site clearance triangles, per the requirements of Section 1145.06 of this chapter.

b. The type of shrubbery must be a mix of each type noted in subsection (e)(2) of this section.

c. Pertains to the entire street frontage of a property, as measured from the right-of-way, excluding access drives (i.e., driveway cuts).

d. Greenbelt plantings must be arranged to emulate the landscape character of the surrounding areas. Subject to Zoning Administrator (or designee) determination, the greenbelt plantings may be waived within the C-3 (uptown commercial) district when the buildings are located at or within 1' from the front property line.

e. Nothing but landscaping, including decorative fencing and landscape features is allowed within the greenbelt.

f. A berm and/or masonry wall may be required as part, or in place of, the buffer when deemed necessary by Zoning Administrator (or designee) to meet the intent of subsection (e)(9) of this section and must conform to Section 1145.07 of this Chapter.

g. The location may be modified by the Zoning Administrator (or designee) at the discretion of the City Administrator (or designee) due to unique circumstances, such as conflicts with underground utilities and better screening provided at alternative locations.

h. See Section 1145.07 of this Chapter for berm construction standards.

i. Up to an eight-foot berm and/or wall may be permitted within the commercial and industrial districts.

j. No branches may remain within five (5) feet above the grade of the parking lot, if the drip line extends outside of the landscape area.

k. Decorative treatment may be incorporated into the perimeter parking lot landscaping such as the inclusion of tree clusters and decorative fencing and landscape features. Treatment provided must be compatible with, or a site improvement to, surrounding properties. This decorative treatment is encouraged on sites within the commercial districts and multiple family developments near the Uptown Commercial District.

l. The basin or berm slopes must be sculptured to filter and soften the views and at a slope not to exceed 5 to 1.

m. The plantings must be clustered in a natural pattern around the basin with trees above the freeboard line (i.e., the high water mark designed for the pond), and all other plantings must be tolerant of wet/moist soils. (e.g., London Plane Trees (Platanus x acerifolia), Red Maples (Acer rubrum), etc.) The location of plant material will also be done in consideration of the need to provide access for and minimize disruption of plant material during routine pond maintenance.

n. The total tree count for any lot shall not be lower than one (1) tree per 2180 square feet of total lot area. Under special circumstances, the City Administrator, upon consultation with the Zoning Administrator, may approve a total tree count which is lower than this amount.

(e) Specifications for Landscape Improvements and Plant Materials.

(1) Plant material. All plant material must be hardy to the City of Maumee (i.e., USDA Plant Hardiness Zone 6a), be free of disease and insects, and conform to the American Standard for Nursery Stock of the American Nursery and Landscape Association.

(2) Minimum sizes and spacing. The minimum plant sizes must be provided in accordance with the following:

Table of Minimum Plant Sizes and Spacing
Plant Type	Minimum Plant Size	Spacing Requirements (max. on center)
Canopy Trees	Two and a half-inch caliper	Thirty (30) feet
Coniferous Trees	Seven to eight-foot height (a)	Fifteen (15) feet
Other Ornamental Trees	Six-foot height	Fifteen (15) feet
Large Deciduous Shrubs	Three-foot height	Four (4)-six (6) feet
Small Deciduous Shrubs	Two-foot height	Three (3) feet
Upright Evergreen Shrubs	Two-foot height	Three (3)-four (4) feet
Spreading Evergreen Shrubs	Two-foot spread	Three (3)-four (4) feet
Perennial Flowers	1 Gallon	Fifteen (15) inches
Perennial Grasses	2 Gallon	Twenty (20) inches

(3) Footnotes to the Table of Minimum Plant Sizes and Spacing.

A. Height of coniferous trees shall be measured at the third tine from the top, not a measurement of overall height.

(4) Mixing of species. The overall landscape plan may not contain more than one-third (33.3%) of any one (1) plant species for each type of planting specified in the Table of Landscape Standards (see subsection (d) of this section). The use of native species and mixture of plants from the same plant community is strongly encouraged.

(5) Trees not permitted. Various trees are not permitted for the following reasons, although the Zoning Administrator (or designee) may allow them when associated with an appropriate ecosystem, for historic preservation, or another compelling objective:

A. Easily damaged or short lived. Including, but not limited to, Black Locusts (Robinia pseudoacacia), Silver Maples (Acer saccharinum), and various Poplars and Cottonwoods (Populus species);

B. Bears nuisance leaves, fruit, or other characteristics. Including, but not limited to, Weeping Willows (Salix babylonica), nut-bearing Horse Chestnuts (Aesculus species), female Ginkgoes (Ginkgo biloba), various Mulberries (Morus species), Catalpas (Catalpa speciosa), various Poplars and Cottonwoods (Populous species), Honey Locusts with thorns (Gleditsia triacanthos (i.e., not var. inermis)), and Hawthorn, Thornapple, May-tree, Whitethorn, or Hawberry (Crataegus species);

C. Weedy or invasive. Including, but not limited to, Box Elders (Acer negundo), various Poplars and Cottonwoods (Populus species), Trees of Heaven (Ailanthus altissima), and Black Locusts (Robinia pseudoacacia);

D. Roots clog drains and sewers and crack sidewalks and foundations. Including, but not limited to, Weeping Willows (Salix babylonica) and Silver Maples (Acer saccharinum); and

E. Unusually susceptible to disease or insects. Including, but not limited to, American Elms (Ulmus americana) and various Ashes (Fraxinus species).

(6) Planting beds.

A. Planting beds are clearly defined areas surrounding a single tree, shrub, or grouping of trees and shrubs and may also include annuals, various other types groundcovers, and mulch.

There is no size limit for a planting bed as long as dedicated open areas of mulch does not exceed one-third (33.3%) of its total area. Plant coverage will be determined as follows:

1. An eighteen-inch radius circle around the trunk of a canopy tree;

2. The drip-line of an ornamental tree or shrub at the time of planting; and

3. Groupings of ground cover (excluding annuals) planted to become dense and touch after one (1) complete growing season.

Mulch is required in those areas at the time of planting, but only half will be included when determining the percentage of a planting bed dedicated to open areas of mulch.

B. Mulch must be maintained at a minimum of three (3) inches deep in order to prevent weed growth and soil erosion and to retain soil moisture.

C. Material in planting beds shall be identified on the landscape plan and approved by the Zoning Administrator (or designee) and maintained in good condition.

D. Mulch and stone landscape beds will be permitted in parking islands contained by curb and gutter.

(7) Top soil. Top soil must consist of a four (4) inch base for lawn areas and an eight (8) to twelve (12) inch base within planting beds. This also applies to berms.

(8) Proximity to utilities. Plant material cannot be located in a manner that will interfere with or cause damage to underground or overhead utility lines, public roads or other public facilities.

(9) Turf grass. Turf (i.e., lawn) grass must be planted in species normally grown as permanent lawns in cool/humid area of the North American Climate Zone. Turf grasses may be seeded or sodded. Only rolled sod, erosion reducing net or suitable mulch may be used in swales or other areas susceptible to erosion and must be staked where necessary for stabilization. When complete sodding or seeding is not possible, nurse grass (i.e., fast growing temporary) seed must be sown and mulched for immediate protection until permanent coverage is achieved. Turf grass sod, seed, and top soil must be free of weeds and noxious pests or disease. Areas of turf grass must be adequately irrigated for the first two (2) growing seasons.

(10) Regulations pertaining to sight distance. All proposed landscaping adjacent to the intersection of two or more streets or access drives must meet the standards of Section 1145.06 of this Chapter.

(f) Minimum Standards for Installation, Irrigation and Maintenance.

(1) Timing of planting. All required plant materials must be planted prior to issuing a certificate of occupancy by the chief building official (or designee) in consultation with the Zoning Administrator (or designee). In the event that the project is completed during a time of year when planting is impractical, a performance guarantee, as authorized by Section 1145.08 of this Chapter, must be provided equal to the amount of installation of the proposed landscaping.

(2) Completion of improvements. Tree stakes, guy wires, and tree wrap installed to satisfy subsection (c)(3)H. of this section must be removed by the date indicated on the landscape plan.

(3) Irrigation. Except in one or two-family uses, an automatic irrigation system shall be required for all landscaped areas and must be indicated on the landscape plan and approved by the Zoning Administrator (or designee).

(4) Maintenance. The owner of the property is responsible for the regular maintenance of all landscaping. Landscaped areas and plant materials required by this section must be kept free from refuse and debris. Plant materials, including turf grass (i.e., lawns), must be maintained in a healthy growing condition, neat and orderly in appearance per the intent of the approved site plan. Additionally, all plantings approved as part of a site plan must be maintained in perpetuity or an amended landscape plan must be submitted for consideration by the Zoning Administrator (or designee). However, if any required plant material dies or becomes diseased, it must be replaced. Replacement must be within thirty (30) days unless an extended time period is necessary due to weather in which case a written request may be submitted and reviewed by the Zoning Administrator (or designee) prior to its potential authorization.

(g) Proposal by Applicant for Complying with Requirement.

(1) Proposal by applicant. If the applicant demonstrates that compliance with this section is not feasible on the property, in lieu of complying with all of a part of the specific requirements set forth in this section for landscaping, the applicant may propose in writing an alternative means of compliance. Subject to approval by the City Administrator, upon consultation with the Zoning Administrator (or designee), for a particular property and circumstance, such alternative may include, by way of example, installing landscape materials in the immediate area of the property being developed or paying moneys into the city tree fund in an amount by multiplying the total quantity of plantings that would not be installed by the cost per plant. That proposal must include a timetable for performance, and state whether a performance guarantee (see Section 1145.08 of this chapter) would be filed to secure such performance.

(2) Review by the Zoning Administrator (or designee). The Zoning Administrator (or designee) will review the written proposal of the applicant and determine whether the proposal would be accepted in place of the landscape requirements that would not be completed in accordance with this section. Any deviation shall be a component of a required development agreement approved by the City Administrator if and to the extent the Zoning Administrator (or designee) is satisfied that the applicant has demonstrated that it would not be feasible to fully comply with the landscaping requirements in this section, the determination by the Zoning Administrator (or designee) on whether to approve an applicant's proposal will be based on the standard of most closely achieving the intent of the ordinance, to the extent reasonably feasible. The expense of complying with this section shall not be a basis of consideration by the Zoning Administrator (or designee). Any bonding to be a part of the proposal shall be subject to review by the City Attorney, and shall conform with customary bonding requirements for development in the city.

(3) Effect of approval. If the applicant's written proposal is approved by the Zoning Administrator (or designee), the proposal shall be deemed to be a regulation required under this section, and a failure to comply with the approved proposal shall be deemed to be a violation of this section.

(h) City Tree Fund.

(1) All revenues raised in lieu of complying with all of a part of the specific requirements set forth in this section for landscaping (per subsection (g)(1) of this section) must be placed in a City tree fund together with such other revenues from any source or combinations of sources of revenues otherwise legally available which have been designated to be used for the planting of trees and shrubs within public rights of way, public property, and/or public parks.

(2) No part of the funds held in the city tree fund may be transferred to the general operating fund or used for any purpose other than undertaking the planting of trees and shrubs in the city.

(i) Landscape Requirements for Parking Areas: Landscaping within parking areas, including both ground cover or upright plant material, is necessary not only to reduce the generation of heat and water runoff, but to break up the expanse of paved areas. The use of parking islands or peninsulas strategically placed throughout the parking area is required in accordance with the following specific requirements and all other requirements of this Chapter and Chapter 966 of the Codified Ordinances.

(1) All parking lots must include adjoining landscaping strips at least four (4) feet in width along each side and rear lot line. Such landscaping strips shall include hedges or plantings of shrub material which meet the requirements of subsection (e) of this section.

(2) For all parking areas that contain more than twenty-five (25) spaces, a minimum area equal to one parking space for each twenty-five (25) spaces (or fraction thereof) shall be provided and shall be landscaped and permeable in accordance with this Chapter and Chapter 966 of the Codified Ordinances. Landscaped islands shall be irrigated. Said 1 parking space landscape requirement shall be in addition to all other landscape requirements.

(3) All permanent landscape screened areas shall be maintained in a healthy growing condition, neat and orderly in appearance.

(4) All screen planting and fencing required under the provisions of this section shall be adequately protected so as to prevent damage thereto by automobiles parking in such parking areas.

(5) When it is proposed that a parking area provide substantially more parking than is permitted by applicable sections of this ordinance, additional landscaping shall be provided to help mitigate impact of large amounts of hard surfaces. The specific amount of area that is to be landscaped and permeable shall be at the discretion of the Zoning Administrator and may be determined as follows:

Parking Landscape Requirements For Parking Areas Exceeding the Maximum Permitted Number of Parking Spaces
Parking Requirement	Required Increase in the Amount of Landscaping
The parking area represents no more than 100 percent of the maximum permitted parking spaces pursuant to Section 1141.06 (Off-Street Parking Requirements).	As defined in Subsections (1) and (2) above.
The parking area represents more than 100 percent, but less than 150 percent of the maximum permitted parking spaces pursuant to Section 1141.06 (Off-Street Parking Requirements).	As defined in Subsections (1) and (2) above, except as follows: 1) the width of the adjoining landscaping strips shall be increased to six (6) feet along each side and rear lot line, and landscaping materials shall include a combination of hedges, shrubs and ground cover with a minimum of four (4) feet in height at the time of planting and spaced four (4) to six (6) feet apart, and 2) For all parking areas that contain more than twenty-five (25) spaces, a minimum area equal to two (2) parking spaces for each twenty-five (25) spaces (or fraction thereof) shall be provided and shall be landscaped and permeable in accordance with this Chapter and Chapter 966. Landscaped islands shall be irrigated.,
The parking area represents 150 percent or more of the maximum permitted parking spaces pursuant to Section 1141.06 (Off-Street Parking Requirements).	In addition to those additional requirements defined above for when the parking area represents more than 100 percent, but less than 150 percent of the maximum permitted parking spaces pursuant to Section 1141.06 (Off-Street Parking Requirements), the applicant shall demonstrate how the use of more extensive landscaping and creative site design effectively interrupts large expanses of parking area and effectively screens view of proportionately larger parking to the satisfaction of the Zoning Administrator as part of the Site Plan review process.

(Ord. 093-2020. Passed 7-6-20.)

1145.03 PRESERVING EXISTING VEGETATION.

(a) Preserving Existing Vegetation.

(1) Intent. The intent of this section is to preserve existing vegetation unless there are no other site design alternatives. Where healthy plant material exists on a site prior to its development or redevelopment, as determined by the Zoning Administrator (or designee) or the Planning Commission, variations from the landscape requirements contained in this Chapter may be approved to allow credit for such plant material if such adjustment is in keeping with the intent of this section and is further approved by the City Administrator, upon consultation with the Zoning Administrator.

(2) Inspection. All existing vegetation must be inspected by the Zoning Administrator (or designee) to ensure the vegetation is high quality and will fulfill the requirements of this section.

(3) Credit for trees. Credit for tree preservation may be applied at the discretion of the City Administrator, upon consultation with the Zoning Administrator (or designee) at the following rate:

A. For preserved trees of equal to or greater than twelve (12) inches in caliper, a credit of two (2) trees may be permitted but in no case shall the credit reduce trees required in the terrace or parking lots. No credit shall be afforded for a tree that is considered invasive.

B. For preserved trees less than twelve (12) inches in caliper, a credit of one (1) tree may be permitted but in no case shall the credit reduce trees required in the terrace or parking lots. No credit shall be afforded for a tree that is considered invasive.

(4) Credit for shrubs. No credit shall be considered for shrub preservation

(5) Removed credit trees. In the event healthy plant material credited towards required plantings are removed, damaged, or destroyed, as determined by the Zoning Administrator (or designee), they must be replaced at a rate of two (2) to one (1) with new plant material meeting the standards of this section.

(6) Mitigation. Every attempt must be made to preserve healthy mature existing vegetation. In the event that an existing tree with greater than a four-inch caliper or eight (8) feet tall is removed when there are obvious alternatives to its removal, as determined by the zoning administrator (or designee), all such trees must be replaced at a ratio of 2 for 1. Each new tree must have a caliper of no less than three (3) inches or a height of no less than six (6) feet. (Ord. 093-2020. Passed 7-6-20.)

1145.04 TRASH CONTAINER SCREENING.

Trash containers designed to service more than one (1) residential unit or to service a nonresidential structure shall not be located in a front yard and shall be screened on four (4) sides by one (1) gate, walls or fences and natural vegetation or an acceptable combination of these elements approved at the discretion of the Zoning Administrator. Material used in the construction of the dumpster screening shall be of like, or complimentary, material to the main structure. Gates shall be constructed of sturdy material and shall not have a supporting structure constructed of wood or plastic. The height of such screening shall be at least six (6) feet or six (6) inches taller than the trash container, whichever is greater. The maximum height of walls and fences shall not exceed ten (10) feet. Vegetation shall have a minimum opaqueness of seventy-five percent (75%) at all times within two (2) years of planting. Vegetation shall be a variety and size that will attain six (6) feet in height within two (2) years of planting and shall meet all other requirements of this Chapter.

(Ord. 093-2020. Passed 7-6-20.)

1145.05 SERVICE COURTS, STORAGE AREAS, AND LOADING DOCKS.

Service courts, storage areas, and loading docks shall be screened along the entire rear lot line and side lot lines as necessary. Screening shall consist of walls, hedges, fences, vegetation, or an acceptable combination of these elements approved at the discretion of the Zoning Administrator, provided that screening must be at least six (6) feet in height.

(Ord. 093-2020. Passed 7-6-20.)

1145.06 VISIBILITY AT INTERSECTIONS.

When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all fences, walls, hedges, screens, structures, plantings or other landscaping within the site clearance triangle areas described below must permit unobstructed cross-visibility. Shrubs and groundcover located in a site clearance triangle may not be permitted to grow to a height of more than two and one-half (2½) feet above the grade at the edge of the pavement. Portions of required berms located within sight clearance triangle cannot exceed a height of two and one-half (2½) feet above the pavement grade at the edge of the pavement. Canopy trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of ten (10) feet above the roadway surface. Other landscaping, except turf grass or ground cover maintained at a height of two and one-half (2½) feet, cannot be located closer than three (3) feet from the edge of a driveway.

The site clearance triangles referred to above are:

(a) The area formed at the corner intersection of a public right-of-way and a driveway, two (2) sides of the triangle area being ten (10) feet in length measured along the right-of-way line and access drive line and the third side being a line connecting these two (2) sides. For the purpose of plantings located in the lawn extension/terrace, the site clearance triangle extends beyond the right-of-way line to the curb/edge of pavement at an angle perpendicular to both of those lines.

(b) The area formed at a corner intersection of two (2) public right-of-way lines, the two (2) sides of the triangular area being twenty (20) feet in length measured along the abutting public right-of-way lines and the third side being a line connecting these two (2) sides. For the purpose of plantings located in the lawn extension/terrace, the site clearance triangle extends beyond the right-of-way line to the curb/edge of pavement at an angle perpendicular to both of those lines.

Sight Clearance Triangle Figures

(Ord. 093-2020. Passed 7-6-20.)

1145.07 STANDARDS FOR WALLS, LANDSCAPE BERMS, AND TEMPORARYFENCES.

All walls and landscape berms of any nature, type or description located in the City of Maumee must conform to the following regulations:

(a) Approval Required. The erection, construction or alteration of any wall or other type of protective barrier must be approved by the Zoning Administrator (or designee) as to conformance with the requirements of the zoning district and this section.

(b) General Wall and Landscape Berm Standards.

(1) Wall or landscape berm height measurement. The height of a wall or landscape berm will be measured using the following method:

A. The permitted height of all walls and landscape berms will be measured from the ground elevation adjacent to the wall or berm, as determined by the Zoning Administrator (or designee).

B. Where elevations differ by more than four (4) feet within ten (10) feet of side or rear lot lines, the Zoning Administrator (or designee) may allow additional wall or landscape berm height for the property at the lower elevation.

C. The permitted height of walls will not be measured from an area of the ground that has been built-up or constructed in a manner that would have the effect of allowing a taller wall than permitted by this chapter (e.g. the height of walls erected on a berm will be measured from the finished grade adjacent to the edge of the berm).

(2) Masonry walls. Masonry walls must be constructed of the same or complementary building material to that of the principal structure and must be un-pierced (except for pedestrian and vehicular connections) and have a decorative cap. Cement or slag blocks will not be permitted.

(3) Decorative fences, walls and landscape berms. Fences, walls, and landscape berms which are two and a one-half (2½) feet or less in height are considered decorative and do not require a permit.

(4) Landscape berms. Where provided, landscape berms must conform to the following standards.

A. Berms must comply with the height restrictions for walls in subsection (c) of this section, but in no case may they be maintained at a continuous height. All berms must be undulating and include gaps where deemed necessary.

B. Sides of the berm must be constructed with slopes no steeper than one (1) foot vertical for each five (5) feet horizontal unless otherwise approved by the Zoning Administrator.

C. In measuring slope and height, grade elevation will be the average ground elevation adjacent to the proposed berm.

D. Side slopes must be protected from erosion by sod, seed or other living ground cover. If slopes are seeded, they must be protected until the seed germinates and a permanent lawn is established.

(1) No wall may exceed eight (8) feet in height, unless otherwise approved by the Zoning Administrator (or designee).

(2) No walls may be located in the required and addressed front yard.

(3) All walls must be ornamental in nature and should be made of brick, stone, and similar replication of these materials unless a varied material is approved by the Zoning Administrator for the purpose of conforming to architectural standards elsewhere on the property.

(4) No walls are permitted within the required site clearance triangles (see Section 1145.06).

(d) Temporary Protective Fencing Associated with Construction Projects. During construction, protective fencing must be placed around existing vegetation proposed for preservation and other site elements which cannot be easily removed or stored.

(1) Proposed protective fencing must be clearly identified on the landscape plan. The Zoning Administrator (or designee) must also determine compliance with these standards.

(2) Protective fencing cannot be located closer that one (1) foot outside the perimeter of the following, as identified on the landscape plan:

A. The drip lines of existing trees and shrubs; and

B. Planting beds and other site element.

(3) Materials.

A. Fencing must be comprised of high density polyethylene mesh fabric or chain link with a nominal two-inch diamond design not less than forty-eight (48) inches above grade.

B. Steel posts must be at least eight (8) feet long and at least one (1) inch wide with a nominal weight of one (1) pounds per foot exclusive of the anchor plate. Steel posts must include an anchor plate and be notched, studded or have other means for holding the fabric in place on the post.

C. Fencing must be attached to each post with at least five (5) eleven (11) gauge galvanized or aluminum coated wire fasteners.

(4) Installation.

A. Install steel posts a maximum of ten (10) feet apart. Steel posts must be installed plumb with a post driver into undisturbed earth. Bent or broken posts are prohibited. Line posts shall have a minimum bury depth of thirty (30) inches. Corner posts shall have a minimum bury depth of forty-two (42) inches and must be braced as necessary to ensure that the posts remains plumb and the protective fencing remains taut once it is attached.

B. Install line posts with the anchor plate turned to parallel with the fencing. Install corner posts with the steel plate turned to cross the inside of the angle formed by the fence runs on each side of the corner post.

C. Stretch fence fabric taut and fasten to each post using wire fasteners. Fasteners must be spaced no greater than twelve (12) inches apart on the steel posts with the bottom fastener being located no more than two (2) inches above the ground.

(5) Maintenance. The temporary fencing must be regularly inspected and any broken sections of fence must be immediately removed and replaced. Bent or leaning posts must be removed, replaced and anchoring methods improved so that the posts remain plumb. Fence fasteners must be visually inspected and replaced should any be found to have come undone or to have torn through the protective fencing.

(6) Duration. The installation and removal of temporary fencing associated with a construction project must coincide with the start and completion of the construction project.

(Ord. 093-2020. Passed 7-6-20.)

1145.08 PERFORMANCE GUARANTEES FOR IMPROVEMENTS.

(a) Prior to the issuance of a temporary or permanent certificate of occupancy is issued, the Zoning Administrator (or designee) may require, as a condition to the issuance of the certificate, the following:

(1) A deposit with the City Finance Department certified check, or irrevocable letter of credit covering the cost of improvements associated with the activity or project for which the certificate is sought.

(2) An agreement providing for an easement allowing the city access to the property to make the required improvement(s) associated with the activity or project for which the certificate is sought, if that becomes necessary.

(3) The applicant/developer/owner and City Administrator shall approve a development agreement on behalf of the City of Maumee which includes but is not limited to, timelines for planning and construction, building elevation, plans, city incentives, and surety.

(b) The applicant may propose to the Zoning Administrator (or designee) a schedule pursuant to which portions of the deposit are to be returned in relation to the ratio of work completed on the required improvements as work progresses. The Zoning Administrator (or designee) will review the proposal, and, if reasonable, may establish a schedule as submitted by the applicant or as modified as the Zoning Administrator (or designee) deems appropriate.

(c) In establishing the requirement for the performance guarantee, a specific number of days for completion of the improvements and the amount of the security shall be specified by the Zoning Administrator (or designee).

(d) If the improvements have not been completed on or before the date specified for completion by the Zoning Administrator (or designee), all or part of the performance guarantee posted by the applicant, as needed for completion may be utilized upon direction by City Council. Any and all costs incurred by the city in completing the improvements shall be taken from the performance guarantee. Any balance remaining following completion of the improvements shall be returned to the applicant.

(e) If the amount of the deposit is not sufficient to complete the project, the applicant shall be responsible for all deficiency. In addition, the applicant shall be responsible for all costs incurred by the city to enforce this section, including but not limited to court costs and reasonable attorneys fees.

(Ord. 093-2020. Passed 7-6-20.)

1145.09 CONFLICTS.

When there is a conflict between Chapter 1145 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.