Oak Harbor City Zoning Code
RIVERFRONT OVERLAY
DISTRICT
§ 153.701 PURPOSE.
The purpose of the Riverfront Overlay District is intended, in the interests of public health, comfort, prosperity or general welfare to preserve, create and enhance the Portage Riverfront and to promote the development of a riverfront promenade, including connections to nearby public rights-of-way, open space and other public amenities. The Riverfront Overlay District crosses several zoning districts and is intended to unify the entire riverfront by promoting public access between districts. Site planning and design review is required for development and redevelopment.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.702 DISTRICT BOUNDARIES.
There is hereby established a Riverfront Overlay District that applies to all lots and lands between:
(A) The western corporation limit marker on State Route 105 to the eastern most village limits; and
(B) The east-west centerline of Water Street/State Route 163 to the Portage River shoreline.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.703 PERMITTED USES.
The following uses shall be permitted in the Riverfront Overlay District in addition to the uses already allowable in the Central Business, Office Business, Light Industry, Heavy Industry, R-1, R-2, R-3 and R-6:
(A) In the absence of a Board of Riverfront Development, all uses shall be conditionally permitted.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.704 CONDITIONALLY PERMITTED USES.
The following uses shall be conditionally permitted in the Riverfront Overlay District in addition to the uses already permitted in the Central Business District:
(A) Public restrooms.
(B) Fishing access point.
(C) Dining terrace.
(D) Powered and/or non-powered watercraft livery.
(E) Boat docks.
(F) Fishing tackle, bait and supply.
(G) Marine fuel sales.
(H) Skating rink/arena.
(I) Pier/break wall area.
(J) Canoe/kayak storage.
(K) Gazebo.
(L) Patio/overlook.
(M) Shelter house.
(N) Amphitheater.
(O) Pedestrian walkway.
(P) Non-motorized boat launch.
(Q) Bed and breakfast, lodging.
(R) Cafe.
(S) Any other use which the Planning Commission determines meets the standards set forth in § 153.707.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.705 BOARD OF RIVERFRONT DEVELOPMENT.
Generally. The Oak Harbor Planning Commission/Board of Zoning Appeals shall serve in the capacity of a Board of Riverfront Development and shall have such responsibilities, powers and duties as described in R.C. §§ 713.02 through 713.04.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.706 APPLICATION AND NOTICE.
(A) Site plan and design review is required for any new structure, addition or enlargement in accordance with the thresholds of the Riverfront Overlay District.
(B) A standard Village Zoning Application shall be filed.
(C) The Planning Commission/Board of Zoning Appeals shall review the Conditionally Permitted Use application for conformance and intent.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.707 STANDARDS FOR REVIEW; CERTIFICATE OF APPROPRIATENESS.
The Planning Commission/Board of Zoning Appeals, in deciding whether to issue a Certificate of Appropriateness, shall determine that the application under consideration is not detrimental to the interest of the district and promotes, preserves and enhances the distinctive village character of the community.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.708 APPEALS.
A person aggrieved by a decision of the Board Zoning Appeals may appeal to the Court of Common Pleas of Ottawa County, Ohio as provided by Ohio law, including R.C. Chapter 2506.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.709 JURISDICTION OF EXISTING BOARDS AND COMMISSIONS UNAFFECTED.
This subchapter does not alter or affect or infringe upon any of the jurisdiction the Planning Commission of the village and is intended to be a new regulation. Nothing in this subchapter shall be construed to limit the power of any other village board or commission.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.710 PENALTY.
(Ord. 8-2015, passed 6-1-15; Am. Ord. 09-2022, passed 12-5-22)
§ 153.999 PENALTY.
(A) Penalties for violation. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this chapter, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violations.
(B) Civil action. In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of law or of this chapter or any amendment thereto, the Village Council, the Village Solicitor, the Zoning Administrator or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other appropriate action, enter proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(C) Remedies cumulative. The exercise of the rights and remedies granted in this section shall in no way preclude or limit the village or any person from exercising any other right or remedy now or hereafter granted to them under the state law.
(Ord. 8-96, §§ 803.01 - 803.03, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)