Oregon City Zoning Code

TITLE ONE

Zoning Administration

1101.01 TITLE.

Chapters 1101 through 1181 of the Codified Ordinances of Oregon shall be known and may be cited as “Part Eleven - Planning and Zoning Code.”

(Ord. 164-1984. Passed 1-28-85.)

1101.02 PURPOSE.

This Zoning Code is hereby enacted by the City of Oregon, for the purpose of promoting the public health, safety, morals, comfort, and general welfare; to conserve and protect property and property values; to secure the most adequate and economical provisions for public improvement, all in accordance with a Comprehensive Plan and any changes made thereto as reflected in the Zoning Map and documents and records of the City of Oregon for the desirable future development of the City, and to provide a method of administration and to prescribe penalties for the violations of the provisions hereafter described and as authorized by the provisions of the Chapters and the Sections applicable under the Ohio Revised Code.

(Ord. 269-2001. Passed 12-17-01.)

1101.03 INTERPRETATION AND EFFECT.

In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this Ordinance conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the highest standards shall govern.

(Ord. 164-1984. Passed 1-28-85.)

1101.04 COMPLIANCE REQUIRED.

Except as hereinafter provided by this Zoning Ordinance:

(a) No building or structure shall hereafter be constructed, reconstructed, enlarged, converted, moved or structurally altered, nor shall any building, structure or land be used except for a purpose permitted in the use district in which the building, structure or land is located.

(b) No building or structure shall hereafter be constructed, reconstructed, enlarged, converted, moved or structurally altered except in conformity with the bulk, height and area regulations, minimum yard requirements, location requirements, and minimum off-street parking and loading requirements of this Zoning Ordinance for the use district in which such building or structure is located.

(c) No part of the minimum yards, including both lot area and setbacks, parking spaces or other open spaces required about any building for the purpose of complying with the provisions of this Ordinance shall be encroached upon or be included as a part of the yard parking space or open space similarly required for another building.

(d) Every building hereafter erected or structurally altered in an agricultural or residential district shall be located on a lot. Only one main building and one main use of that building shall be allowed on such lot, unless otherwise provided in this Ordinance.

(e) A parcel of land under common ownership, with or without buildings, shall not be reduced or subdivided below the minimum lot width, depth and lot area required by this Ordinance.

(f) No parcel of land less than 330 feet in width shall hereafter be subdivided so as to have a depth greater than three and one-half times its width.

(g) Two or more parcels or lots of record, when contiguous and when held in common ownership may be treated together as a single lot for purposes of meeting the area requirements of this Ordinance, provided such lots are located in the same use district. When such lots are treated as one lot, they shall be legally combined as one lot of record.
(Ord. 269-2001. Passed 12-17-01.)

1103.01 MEANING OF TERMS.

For the purpose of this Zoning Ordinance, certain terms are herein defined. Words used in the present shall include the future; the singular number shall include the plural and the plural the singular. The word “shall” is mandatory and not directory.

(Ord. 269-2001. Passed 12-17-01.)

1103.02 ACCESSORY BUILDING.

“Accessory building” means a subordinate building, located on the same lot as the main building, the use of which is naturally and normally incidental to that of the dominant use of the main building or land.
(Ord. 269-2001. Passed 12-17-01.)

1103.03 AGRICULTURE.

“Agriculture” includes, but is not limited to farming, dairying, pasturage, apiculture, floriculture, ornamental horticulture, viticulture, olericulture, pomiculture, animal and poultry husbandry, and buildings and equipment incident thereto. See Section 1.61 of the Ohio Revised Code.
(Ord. 269-2001. Passed 12-17-01.)

1103.04 ALLEY.

“Alley” means a way which affords only a secondary means of access to property abutting thereon.
(Ord. 269-2001. Passed 12-17-01.)

1103.05 APARTMENT.

See Section 1103.23(e), “dwelling unit”.
(Ord. 269-2001. Passed 12-17-01.)

1103.06 ASSISTED LIVING FACILITY.

“Assisted living facility” shall mean a residence for adults that provides rooms, meals, personal care, and supervision of self-administered medication. They may also provide other services such as recreational activities, financial services and transportation for the residents.

(Ord. 269-2001. Passed 12-17-01.)

1103.07 AUTOMOTIVE REPAIR.

“Automotive repair” means repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

(Ord. 269-2001. Passed 12-17-01.)

1103.08 AUTOMOTIVE SERVICE STATION.

“Automotive service station” means a building, structure or land used for the dispensing, sale or offering for sale at retail of any automotive fuels, oils or minor accessories. This may include incidental accessory uses such as a convenience store, fast food restaurant, car wash, etc. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the use shall be classified as a public garage.

(Ord. 269-2001. Passed 12-17-01.)

1103.09 AUTOMOBILE WRECKING.

“Automobile wrecking” means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(Ord. 269-2001. Passed 12-17-01.)

1103.10 BASEMENT.

“Basement” means that portion of a building the floor of which is more than two feet below grade and the ceiling of which is more than four feet, six inches above grade.

(Ord. 269-2001. Passed 12-17-01.)

1103.11 BED AND BREAKFAST ESTABLISHMENT.

“Bed and breakfast establishment” means any owner occupied dwelling unit that contains no more than four rooms where lodging, with or without means, is provided for compensation.
(Ord. 269-2001. Passed 12-17-01.)

1103.12 BOARD.

“Board” means the Board of Zoning Appeals established in Chapter 1107 .

(Ord. 269-2001. Passed 12-17-01.)

1103.13 BUILDING DEFINITIONS.

(a) “Building” means any structure having a roof supported by walls or columns designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. A mobile home is not a building.

(b) “Building, community” means a building for social, educational and recreational activities of a neighborhood or community, provided any such use is not operated for commercial gain.

(c) “Building, front line of” means the line of the face of the building nearest the front line of the lot including sun parlors and screened-in porches.

(d) “Building, height of” means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge of gable, hip and gambrel roofs.

(e) “Building, main” means a building in which is conducted the principal use of the lot in which it is situated.

(f) “Building, unit group” means two or more buildings, other than dwellings, grouped upon a lot and held under one ownership, such as universities, hospitals and institutions.

(Ord. 269-2001. Passed 12-17-01.)

1103.14 CAMPGROUND.

“Campground” means land used or intended to accommodate two or more recreational vehicles, tents or other individual camping units on a temporary basis.

(Ord. 269-2001. Passed 12-17-01.)

1103.15 CAR PORT.

“Car port” means a roofed structure extending from a building over an adjacent driveway.
(Ord. 269-2001. Passed 12-17-01.)

1103.16 CELLAR.

“Cellar” means that portion of a building, the ceiling of which is entirely below or less than four feet, six inches above grade. No cellar or portion thereof shall be used as a complete dwelling unit and the cellar shall not be included in bulk or height measurements.

(Ord. 269-2001. Passed 12-17-01.)

1103.17 CLINIC.

“Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians associated in practicing medicine or any branch thereof together. Included within the clinic may be a separate pharmacy, x-ray office or laboratory.
(Ord. 269-2001. Passed 12-17-01.)

1103.18 CLUB.

“Club” means a building or portion thereof or premises owned, used or operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to render a service which is customarily carried on as a business.

(Ord. 269-2001. Passed 12-17-01.)

1103.19 COMMERCIAL ENTERTAINMENT.

“Commercial entertainment” means any profit making activity that is generally related to the entertainment field such as motion picture theaters, carnivals, comedy clubs, theaters, amusement parks, and similar entertainment facilities. Commercial entertainment facilities shall not include sexually oriented businesses or adult cabarets.

(Ord. 269-2001. Passed 12-17-01.)

1103.20 COMMISSION.

“Commission” means the Oregon Planning Commission.

(Ord. 269-2001. Passed 12-17-01.)

1103.21 CURB GRADE.

“Curb grade” means the elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the Service Director shall establish such curb grade or its equivalent for the purpose of this Zoning Ordinance.
(Ord. 269-2001. Passed 12-17-01.)

1103.22 DISTRICT.

“District” means a section or sections of the City for which the zoning regulations governing the use of the building and premises, the height of buildings, the size of yards, the requirements of off-street parking and the intensity of use are uniform.

(Ord. 269-2001. Passed 12-17-01.)

1103.23 DWELLING DEFINITIONS.

(a) “Dwelling” means any building or portion thereof which is designed for or used exclusively for residential purposes containing one or more dwelling units.

(b) “Dwelling, single family” means a detached building containing one dwelling unit and designed for or occupied by only one family.

(c) “Dwelling, two family” means a detached or semi-detached building containing two dwelling units and designed for or occupied by two families.

(d) “Dwelling, multiple” mean a building containing three or more dwelling units designed for occupancy as the place of residence by families. Specific building forms shall include:

(1) Townhouse. A multiple family structure containing private entrances to dwellings.

(2) Garden apartments. A multiple family structure containing semiprivate entrances to dwellings.

(3) Apartments. A multiple family structure with entrances to dwellings of a common hallway.

(e) “Dwelling unit” means a group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating purposes.
(Ord. 269-2001. Passed 12-17-01.)

1103.24 EXCAVATION.

“Excavation” means the removal, digging, dredging or relocation of earth, topsoil, sand, gravel, clay, stone, or minerals.
(Ord. 269-2001. Passed 12-17-01.)

1103.25 FAMILY.

“Family” means one or more persons not necessarily related by blood, marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit, under a common housekeeping management plan based, or intentionally structured on, a relationship providing organization or stability.
(Ord. 269-2001. Passed 12-17-01.)

1103.26 FARMSTEAD.

“Farmstead” means a dwelling and associated outbuildings used by a family engaged in the occupation of farming.
(Ord. 269-2001. Passed 12-17-01.)

1103.27 FENCE, DECORATIVE.

“Fence, decorative” means a fence constructed of wood or masonry of a specified height designed for pleasing appearance and which is not necessarily totally opaque. Wire mesh or chain link fence does not meet this criteria.
(Ord. 269-2001. Passed 12-17-01.)

1103.28 FENCE, SCREEN.

“Screen fence” means a fence, not less than three feet in height, which by its construction is opaque and screens from view.
(Ord. 269-2001. Passed 12-17-01.)

1103.29 FILLING STATION.

See Section 1103.08, “automobile service station”.

(Ord. 269-2001. Passed 12-17-01.)

1103.30 FLOOR AREA.

“Floor area” means the sum of the gross horizontal area of the several stories of a building measured from the exterior faces of the building, but excluding basements, garages, breezeways and porches whether or not enclosed.
(Ord. 269-2001. Passed 12-17-01.)

1103.31 FRONTAGE.

“Frontage” means all of the property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street, or the entire street if not intersected, or if the street is dead-ended, then all of the property abutting on one side between an intersection street and the dead-end of the street.
(Ord. 269-2001. Passed 12-17-01.)

1103.32 GARAGE DEFINITIONS.

(a) “Garage, private” means an accessory building or portion of a main building designed or used for the parking or temporary storage of motor vehicles owned or used by the occupants of the building to which it is accessory; not more than one of such vehicles may be a commercial vehicle not exceeding one ton capacity.

(b) “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven or related vehicles.

(c) “Garage, storage” means a building or portion thereof designed or used exclusively for storage of motor-driven or related vehicles, and at which motor fuels and oils are not sold, and such vehicles are not equipped, serviced, repaired, hired or sold.

(Ord. 269-2001. Passed 12-17-01.)

1103.33 GRADE.

“Grade” means:

(a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

(b) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalks at the center of all walls adjoining the streets.

(c) For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. Where no sidewalks exists or where none of the walls adjoin a street line, for the purposes of this Zoning Ordinance, the grade shall be established by the Service Director.
(Ord. 269-2001. Passed 12-17-01.)

1103.34 GREENHOUSE.

“Greenhouse” means the commercial growing of plants within a glassed structure and including associated outbuildings, storage and shipping facilities.

(Ord. 269-2001. Passed 12-17-01.)

1103.35 GROUP HOME.

“Group home” means a facility for social rehabilitation, substance abuse, or mental health problems that contains a group housing arrangement that provides personal or custodial care but does not provide medical care in buildings, structures or portions thereof for more than five (5) but not more than sixteen (16) persons, excluding staff, who reside in a supervised residential environment.

(Ord. 102-2024. Passed 6-24-24.)

1103.36 HOME OCCUPATION.

“Home occupation” means an accessory activity of a nonresidential nature which is performed within a dwelling unit or within an accessory building thereof, for gainful employment involving the manufacture, provision or sale of goods and/or services. The use is clearly incidental and secondary to the use of the dwelling for residence purposes, and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part.
(Ord. 269-2001. Passed 12-17-01.)

1103.37 HOSPITAL.

A hospital is an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.
(Ord. 269-2001. Passed 12-17-01.)

1103.38 HOTEL/MOTEL.

“Hotel/motel” means a structure consisting of one or more buildings, in which more than five sleeping rooms are kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty days or less; a building in which lodging, or boarding and lodging are provided are provided and offered to the public for compensation. Hotels may also provide additional services, such as restaurants, meeting rooms, and recreational facilities as an accessory use. Does not include agricultural labor camps, apartment houses, lodging houses, rooming houses, bed and breakfast homes, hospitals or college dormitories.

(Ord. 269-2001. Passed 12-17-01.)

1103.39 IMPERVIOUS SURFACE RATIO.

“Impervious surface ratio” is a measure of the intensity of land use that is determined by dividing the total area of all impervious surfaces on the site by the area of the site or lot.

(Ord. 269-2001. Passed 12-17-01.)

1103.40 INDUSTRIAL, LIGHT.

“Industrial, light” shall mean the manufacturing, compounding, processing, packaging, storage, assembly and/or treatment of finished or semi-finished products from previously prepared materials, which activities are conducted wholly within an enclosed building.

(Ord. 269-2001. Passed 12-17-01.)

1103.41 INDUSTRIAL, HEAVY.

“Industrial, heavy” shall mean the manufacturing, compounding or processing of products from raw materials which have significant external effects, or which may pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

(Ord. 269-2001. Passed 12-17-01.)

1103.42 INDUSTRIALIZED UNIT.

“Industrialized unit” means a building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. “Industrialized unit” includes units installed on a site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. “Industrialized units” does not include “manufactured home” as defined in this Code.

(Ord. 269-2001. Passed 12-17-01.)

1103.43 INSTITUTION.

“Institution” means a building or lands occupied by a nonprofit corporation or a nonprofit establishment for public use.
(Ord. 269-2001. Passed 12-17-01.)

1103.44 KENNEL; DOG KENNEL.

“Kennel” or “dog kennel” means the keeping and care of more than three dogs that are more than six month old.
(Ord. 269-2001. Passed 12-17-01.)

1103.45 LANDSCAPING.

“Landscaping” means changing, rearranging or adding to the original vegetation, plant materials or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. Landscaping may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation. Landscaping may act as a buffer, visually separating different types of uses.
(Ord. 269-2001. Passed 12-17-01.)

1103.46 LIVESTOCK.

“Livestock” means any hoofed or cloven-split hoofed animal.

(Ord. 269-2001. Passed 12-17-01.)

1103.47 LIVESTOCK RAISING.

“Livestock raising” means the commercial raising of animals or poultry. Livestock raising shall not include facilities for slaughtering and dressing of animals or poultry.

(Ord. 269-2001. Passed 12-17-01.)

1103.48 LOADING SPACE.

“Loading space” means a space within the main building or on the same lot providing for the standing, loading or unloading of trucks, having a minimum dimension of twelve feet by thirty-five feet in width.
(Ord. 269-2001. Passed 12-17-01.)

1103.49 LOT DEFINITIONS.

(a) “Lot” means a parcel of land occupied or intended for occupancy by a use permitted in this Zoning Ordinance, including one main building together with its accessory building, the open space and parking spaces required by this Ordinance and having its principal frontage upon a street or upon an officially approved place.

(b) “Lot area” means the total horizontal area within the boundary lines of such lot.

(d) “Lot depth” means the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.

(e) “Lot, double frontage” means a lot having a frontage on two non-intersecting streets as distinguished from a corner lot.

(f) “Lot, interior” means a lot other than a corner lot.

(g) “Lot of record” means a lot which is part of a subdivision, the map of which has been recorded in the Office of the County Recorder of Lucas County, OH; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder.

(h) “Lot, width” means the horizontal distance between the side lot lines measured at right angles to the lot depth at the legally established building setback line.

(Ord. 269-2001. Passed 12-17-01.)

1103.50 MAJOR STREET.

“Major street” means a dedicated street within the City which has been classified as a dominant major street or a major street in accordance with the approved Comprehensive Planning Report of the City of Oregon, OH, Ordinance #173-1967, passed November 13, 1967, and amended thereto.
(Ord. 269-2001. Passed 12-17-01.)

1103.51 MANUFACTURED HOME.

“Manufactured home” means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, 88 Stat. 700, 42, U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.

“Permanently sited manufactured home” means a manufactured home that meets all of the following criteria:

(a) The structure is affixed to a permanent foundation and is connected to appropriate facilities.

(b) The structure, excluding any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point, and a total living area, excluding garages, porches, or attachments, of at least nine hundred square feet.

(c) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.

(d) The structure was manufactured after January 1, 1995.

(e) The structure is not located in a manufactured home park as defined by §3733.01 of the Ohio Revised Code.
(Ord. 269-2001. Passed 12-17-01.)

1103.52 MANUFACTURING, LIGHT.

“Manufacturing, light” means a use engaged in the processing and manufacturing of materials and products predominately from previously prepared materials, of finished products or parts, including processing, fabricating, assembly, treatment, packaging, incidental storage, sales and distribution of such products which will not generate objectionable or hazardous elements such as smoke, odor, vibration, water pollution or dust.

(Ord. 269-2001. Passed 12-17-01.)

1103.53 MANUFACTURING, HEAVY.

“Manufacturing, heavy” means a use engaged in the processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions which may generate objectionable or hazardous elements such as: heat, smoke, odor, vibration, water pollution, electromagnetic disturbances, radiation or dust.

(Ord. 269-2001. Passed 12-17-01.)

1103.54 MOBILE HOME.

“Mobile home” means a building unit or assembly of closed construction fabricated in an off-site facility which is more than thirty-five body feet in length or when erected on site is more than three hundred twenty (320) square feet and is built on a permanent chassis, is transportable in one or more sections, and does not qualify as an industrialized unit or a manufactured home as defined in division (C)(3) or (C)(4) respectively, of §3781.06 of the Ohio Revised Code pursuant to §4501.01(O) of the Ohio Revised Code.

(Ord. 269-2001. Passed 12-17-01.)

1103.55 MOBILE HOME PARK, MANUFACTURED HOME PARK AND MANUFACTURED HOME SUBDIVISION.

(a) “Mobile home park” means a lot, parcel or tract of land designed exclusively for occupancy for mobile homes. Such park shall have designated spaces for sites, and trailer pads, interior drives, recreation and community areas, landscaping and fencing. Pads or sites shall not be sold, but shall be owned and maintained by a central management.

(b) “Manufactured home park” means a lot, parcel or tract of land designed exclusively for occupancy by manufactured homes. Such park shall have designated spaces for sites, and foundations, interior drives, recreation and community areas, landscaping and fencing. Foundations or sites shall not be sold, but shall be owned and maintained by a central management.

(c) “Manufactured home subdivision” is intended as an area chiefly designed for single family manufactured homes attached to a permanent continuous foundation as well as other buildings erected, arranged, intended or designed to be used for one single-family dwelling. Related community facilities, including churches, kindergartens, schools, public playgrounds and public parks shall be permitted, as well as any building or permanent structure within a manufactured home subdivision to be used exclusively to provide accessory services for residents of the manufactured home subdivision such as but not limited to, a recreational facility.
(Ord. 269-2001. Passed 12-17-01.)

1103.56 MOTEL.

See “Hotel/Motel”.
(Ord. 269-2001. Passed 12-17-01.)

1103.57 NURSING HOME.

“Nursing home” means a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept and provided with food, or shelter and care, for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.

(Ord. 269-2001. Passed 12-17-01.)

1103.58 OUTDOOR RETAIL SALES.

“Outdoor retail sales” means the display and sale of products and services primarily outside of a building or structure, including but not limited to vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats or recreational vehicles, farm equipment, mobile and manufactured housing, and building or landscaping materials. This term also includes seasonal sales of products such as firewood, mulch, or garden supplies.

(Ord. 269-2001. Passed 12-17-01.)

1103.59 PARKING LOT.

“Parking lot” means a tract of land which is used for the storage of motor vehicles and is not accessory to any other use on the same lot or any other lot and contains parking space reserved for individuals or rented to the general public by the hour, day, week or month.

(Ord. 269-2001. Passed 12-17-01.)

1103.60 PARKING SPACE.

“Parking space” means a surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 200 square feet exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
(Ord. 269-2001. Passed 12-17-01.)

1103.61 PERFORMANCE STANDARDS.

“Performance standards” are a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to land uses. Performance standards in one form or another are used or referred to continually in this Code. It may be helpful to clarify the function and intent of performance standards by defining them in this section.
(Ord. 269-2001. Passed 12-17-01.)

1103.62 PERSONAL SERVICES.

“Personal services” are activities conducted in an office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, hair salon, tailor, dressmaker, doctor, dentist, laundromat, nail salon, etc. Personal services shall not include any adult oriented use or service.
(Ord. 269-2001. Passed 12-17-01.)

1103.63 PERSONAL STORAGE FACILITY.

“Personal storage facility” means a structure containing separate, individual and private storage spaces of varying sizes, leased or rented on individual leases, for varying periods of time.
(Ord. 269-2001. Passed 12-17-01.)

1103.64 PLACE.

“Place” means an officially approved private thoroughfare other than a street or alley permanently reserved as the principal means to abutting property.

(Ord. 269-2001. Passed 12-17-01.)

1103.65 PLANT CULTIVATION.

“Plant cultivation” means the commercial growing and harvesting of fruits, nuts, vegetables or grain. Plant cultivation shall not include commercial processing or preserving of fruits, nuts or grains.
(Ord. 269-2001. Passed 12-17-01.)

1103.66 PUBLIC SERVICE FACILITIES.

“Public service facilities” means utility installations, buildings, and distribution facilities providing service to the general public, including electric power plants, water treatment plants, sewage disposal installations, communication facilities, and repair and storage buildings and areas incident to such facilities, but not including railroad and railroad facilities, or cellular communications towers.
(Ord. 269-2001. Passed 12-17-01.)

1103.67 RECREATION, COMMERCIAL.

“Commercial recreation” is land or facilities operated as a business and open to the general public for a fee, that shall include, but is not limited to: rollerblade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, ice skating rinks, batting cages or swimming pools.
(Ord. 269-2001. Passed 12-17-01.)

1103.68 RECREATION, PUBLIC.

“Public recreation” is any land or facility operated by a governmental agency or non- profit organization and open to the public or members of the non-profit organization without a fee, that shall include but is not limited to: picnic areas, bike/hike trails, riding stables, public golf courses, athletic fields or swimming pools.
(Ord. 269-2001. Passed 12-17-01.)

1103.69 RECREATIONAL VEHICLE PARKS.

See Section 1103.14, “campground”.
(Ord. 269-2001. Passed 12-17-01.)

1103.70 RECREATIONAL VEHICLE.

“Recreational vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, and motor home.
(Ord .269-2001. Passed 12-17-01.)

1103.71 RELIGIOUS PLACE OF WORSHIP.

“Religious place of worship” shall mean an institution that congregations of people attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held.

(Ord. 269-2001. Passed 12-17-01.)

1103.72 RESEARCH AND DEVELOPMENT LABORATORY.

“Research and development laboratory” shall mean a building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental and accessory to the main purpose of the laboratory.
(Ord. 269-2001. Passed 12-17-01.)

1103.73 RESTAURANT.

“Restaurant” is an establishment with table services whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings, or in non-disposable containers.
(Ord. 269-2001. Passed 12-17-01.)

1103.74 RESTAURANT, FAST FOOD.

“Fast food restaurant” is an establishment whose principal business is the sale of prepared or rapidly prepared food, in disposable containers and typically without table service, directly to the customer in a ready-to-consume state. This establishment may also include drive-through window service.
(Ord. 269-2001. Passed 12-17-01.)

1103.75 RESTAURANT, DRIVE-IN.

“Restaurant, drive-in” shall mean an establishment whose primary business is serving food and beverages to the public for consumption on the premises by order from and service to vehicular passengers outside the structure, where revenues from the sale of food and beverages equal at least 50% of the gross revenue of the establishment.

(Ord. 269-2001. Passed 12-17-01.)

1103.76 RETAIL BUSINESS.

“Retail business” shall mean any business selling goods, wares or merchandise to the ultimate consumer for direct consumption and not for resale.

(Ord. 269-2001. Passed 12-17-01.)

1103.77 SCREEN PLANTING.

“Screen planting” means a continuous planting of evergreen plant material, providing a visual barrier and maintained at a height of between three and seven feet.

(Ord. 269-2001. Passed 12-17-01.)

1103.78 SETBACK LINE.

“Setback line” means a line established by zoning, platting or other legal means on a lot, that is a specified distance from and parallel to the line, to restrict the encroachment of a building on such lot line.
(Ord. 269-2001. Passed 12-17-01.)

1103.79 SEXUALLY ORIENTED BUSINESSES.

“Sexually oriented businesses” means a facility having its principal function of adult entertainment which includes the following categories, uses, occupancies and/or exhibits physical conditions or states of those persons present within the establishment as defined in subsections (a) through (g) hereof.

(a) “Adult book store” means an establishment having as a principal or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as herein defined or an establishment with a segment or section devoted to the sale or display of such materials.

(b) “Adult mini-motion picture theater” means a structure, facility or portion thereof, with a capacity for less than fifty (50) persons, used for presenting movie or video materials distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

(c) “Adult motion picture theater” means a structure, facility or portion thereof, with a capacity for fifty (50) or more persons, used for presenting movie or video materials distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

(d) “Adult entertainment business” means an establishment involved in the sale of services or products characterized by the exposure or presentation of “specified anatomical areas” or physical contact of live males or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified.

(e) “Massage establishment” means any establishment having a fixed place of business where massages are administered for pay, including but not limited to, massage parlors, health clubs, sauna baths and steam baths. This definition shall not be construed to include hospitals, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the State of Ohio, nor barber shops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational and athletic facilities and facilities for the welfare of the residents of the area.

(f) “Specified sexual activities” means activities or physical conditions which include the following:

(1) Human genitals in a state of sexual simulation or arousal;

(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio;

(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

(g) “Specified anatomical areas” means those areas of the body which are identified as follows:

(1) Less than completely or opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola;

(2) Human male genitals in a discernibly turgid state even if completely or opaquely covered.
(Ord. 269-2001. Passed 12-17-01.)

1103.80 SIGN.

“Sign” means a name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure, parcel or lot and which directs attention to an object, product, place, activity, person, institution, organization or business.

A sign shall not include official court or governmental notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religion. Further, it shall not include the display of merchandise in a window but shall include temporary or permanent signs attached to the outside or inside of a window.
(Ord. 269-2001. Passed 12-17-01.)

1103.81 SIGN, BILLBOARD.

“Billboard” or “Signboard” means any sign situated on private premises on which the written or pictorial information is not directly related to the use of the land on which such sign is located.
(Ord. 269-2001. Passed 12-17-01.)

1103.82 SIGN, GROSS SURFACE AREA OF.

“Sign, gross surface area of” means the entire area within a single continuous perimeter enclosing the extreme limits of such sign and not passing through or between adjacent words or elements of the same. Such perimeter shall not include any border or structural elements lying outside and not forming an integral part of the display.

(Ord. 269-2001. Passed 12-17-01.)

1103.83 SITE PLAN.

“Site plan” means a scaled drawing of a proposed project showing the location of property lines, building locations, drives, walkways, parking areas, fencing and screening, setbacks and signs; as well as other requirements as specified in the Zoning Ordinance.

(Ord. 269-2001. Passed 12-17-01.)

1103.84 STORAGE, BULK.

“Bulk storage” is the storage of chemicals, petroleum products, grain, and other materials in structures for subsequent resale to distributors or retail dealers or outlets.

(Ord. 269-2001. Passed 12-17-01.)

1103.85 STORAGE, OUTDOOR.

“Outdoor storage” means the keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.

(Ord. 269-2001. Passed 12-17-01.)

1103.86 STORY.

“Story” means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

(Ord. 269-2001. Passed 12-17-01.)

1103.87 STORY, HALF.

“Story, half” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are more than two feet, but not more than five feet above the floor of such story, except that any partial story used for residence purposes other than by a family occupying the floor immediately below it, shall be deemed a full story.

(Ord. 269-2001. Passed 12-17-01.)

1103.88 STREET.

“Street” means a public thoroughfare which affords the principal means of access to abutting property.
(Ord. 269-2001. Passed 12-17-01.)

1103.89 STREET LINE.

“Street line” means a dividing line between a lot, tract or parcel of land and a contiguous street or place.
(Ord. 269-2001. Passed 12-17-01.)

1103.90 STRUCTURE.

“Structure” means anything constructed or erected, the use of which requires more or less permanent location on the ground, including, but without limiting, the generality of the foregoing; advertising sign, billboards, back stops for tennis courts and pergolas.

(Ord. 269-2001. Passed 12-17-01.)

1103.91 STRUCTURAL ALTERATIONS.

“Structural alterations” means any change in the supporting members of a building, such as being walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.
(Ord. 269-2001. Passed 12-17-01.)

1103.92 SURFACE MINING.

“Surface mining” means all or any part of a process followed in the production of minerals from the earth or from the surface of the land by surface excavation methods, such as open pit mining, dredging, placering or quarrying.

(Ord. 269-2001. Passed 12-17-01.)

1103.925 TEMPORARY STRUCTURE.

“Temporary Structure” means a structure that is erected for a period of less than 180 calendar days. Structure must be removed for a period of more than sixty (60) calendar days to be considered a new temporary structure.

(Ord. 105-2024. Passed 6-24-24.)

1103.93 TRAILER.

“Trailer” means a vehicle on wheels, skids or rollers without motive power and designed for temporary human habitation, carrying persons or property.

(Ord. 269-2001. Passed 12-17-01.)

1103.94 USE.

“Use” means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

(Ord. 269-2001. Passed 12-17-01.)

1103.95 USE, ACCESSORY.

“Accessory use” means one which is naturally or normally incidental to the main use of the premises permitted in the district.
(Ord. 269-2001. Passed 12-17-01.)

1103.96 USE, CONDITIONAL.

“Conditional use” means a use that is permitted in a district only if the Planning Commission in accordance with the provisions of this Zoning Code therefore expressly authorizes a conditional use zoning certificate.

(Ord. 269-2001. Passed 12-17-01.)

1103.97 USE, PRINCIPAL.

“Principal permitted use” means a use that is permitted outright in a district for which the Zoning Inspector shall issue a zoning certificate provided that the applicant meets the applicable requirements of the Code.
(Ord. 269-2001. Passed 12-17-01.)

1103.98 USE, NONCONFORMING.

“Nonconforming use” means a lawful use of land or of a building, or portion thereof, at the effective date of Ordinance 164-1984, passed January 28, 1985, or at the effective date of an amendment thereto or change of the District Map which use does not conform after passage of Ordinance 164-1984 or amendment thereto or change in the District Map with the use requirements of the district in which it is situated.
(Ord. 269-2001. Passed 12-17-01.)

1103.99 VETERINARIAN CLINIC/ANIMAL HOSPITAL.

“Veterinarian clinic/animal hospital” means a building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits and birds by a veterinarian licensed by the State of Ohio.
(Ord. 269-2001. Passed 12-17-01.)

1103.100 YARD DEFINITIONS.

(a) “Yard” means an open space at grade between a building and the adjoining lot lines and unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

(b) “Yard, front” means a yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the permitted projections of uncovered steps, uncovered balconies or unenclosed porches. On a corner lot the owner may elect other street frontage as the front yard.

(c) “Yard, rear” means a yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the permitted projections of uncovered steps, unenclosed balconies, or unenclosed porches. On all lots the rear yard shall be at the opposite end of the lot from the front yard.

(d) “Yard, side” means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any permitted projections thereof.
(Ord. 269-2001. Passed 12-17-01.)

1103.101 ZONING INSPECTOR.

“Zoning Inspector” means the Commissioner of Building and Zoning Inspection and such other persons charged with responsibility of enforcing the Planning and Zoning Code.

(Ord. 269-2001. Passed 12-17-01.)

1103.102 ZONING MAP.

“Zoning Map” shall mean the Zoning Map or Maps of the City of Oregon, or portions thereof, together with all amendments thereto subsequently adopted.

(Ord. 269-2001. Passed 12-17-01.)

1103.103 ZONING ORDINANCE.

“Zoning Ordinance” means the Planning and Zoning Code, Chapters 1101 through 1159 of the Codified Ordinances, as amended.
(Ord. 269-2001. Passed 12-17-01.)

1105.01 RESPONSIBILITY FOR ENFORCEMENT.

The Building and Zoning Inspector shall enforce this Zoning Ordinance and all officers and employees of the City and all members of the Police Division shall assist the Inspector by reporting to him upon new construction, reconstruction or land uses, and apparent violations of this Ordinance. Appeal from an action or decision of the Inspector may be made to the Board of Zoning Appeals as provided in Chapter 1107 .

(Ord. 164-1984. Passed 1-28-85.)

1105.02 ZONING PERMIT REQUIRED.

No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefor, issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this Zoning Ordinance.

Upon written request from the owner and/or tenant, the Zoning Inspector shall issue a zoning permit for any building or premises existing at the time of enactment of this Ordinance certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Ordinance. A charge shall be made for issuing a zoning permit in accordance with Section 1105.09.

A zoning permit shall be required for any of the following:

(a) Construction or structural alteration of any building moved, added to, altered or erected.

(b) Change in use of an existing building or structure to a use of a different classification.

(d) Any change in the use of a nonconforming use.

(e) A zoning certificate shall be required for all lawful nonconforming uses of land or buildings created by adoption of this resolution or any amendments.

(Ord. 164-1984. Passed 1-28-85.)

1105.03 APPLICATION FOR ZONING PERMIT.

Written application for a zoning permit shall be made to the Zoning Inspector. The application for a zoning permit shall be signed by the owner and/or tenant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year and substantially completed within two years.

(a) Every application for a zoning permit shall be accompanied by a fee as established by City Council and a site plan, in duplicate, drawn to scale as to clearly show the following:

(1) The actual dimensions of the subject property according to the recorded plat of such property.

(2) The use, height, location and ground area of all present and proposed buildings and structures, the location of all vehicular entrances to and exits from the property, the location of all off-street parking areas and number of spaces provided therein; the building lines in relation to lot lines; the number, type, size, and location of all present and proposed signs; and such other information as may be required by the Zoning Inspector for the proper enforcement of this Zoning Code. One copy of the site plan shall be retained by the Zoning Inspector as a public record.

(Ord. 269-2001. Passed 12-17-01.)

1105.04 SUBMISSION TO DIRECTOR OF TRANSPORTATION.

Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Ohio Department of Transportation or any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail to the Director of Transportation that he shall not issue a zoning permit for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this Zoning Ordinance, issue the zoning permit.

(Ord. 164-1984. Passed 1-28-85.)

1105.05 APPROVAL OF ZONING PERMIT.

Within thirty days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Zoning Ordinance, except when notice to the Director of Transportation has been given as provided for in Section 1105.04.

All zoning permits shall be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Inspector after the Zoning Inspector has marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of the plans, similarly marked, shall be retained by the Zoning Inspector.

The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Ordinance.
(Ord. 164-1984. Passed 1-28-85.)

1105.06 EXPIRATION OF ZONING PERMIT.

If the work described in any zoning permit has not begun within one year from the date of issuance thereof, such permit shall expire; it shall be revoked by the Zoning Inspector and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two years of the date of issuance thereof, such permit shall expire and be revoked by the Zoning Inspector and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.

1105.07 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES.

Nothing contained in this Zoning Ordinance shall require any change in the plans, construction, size or designated use of a building, structure or part thereof for which a building permit has been lawfully granted or for which a complete application with the necessary plans and specifications has been filed with the Inspector before the enactment or amendment of this Ordinance, the construction of which according to such permit or plans and specifications, shall have been started within ninety days of the enactment of this Ordinance, or such amendment. If any of the requirements herein have not been fulfilled within the time stated herein or if any building operations are discontinued for a period of ninety days, any further construction shall be in conformity with the provisions of this Ordinance.

Use, arrangement or construction contrary to that authorized shall be deemed a violation of this Ordinance and punishable as provided in Section 1105.99.

(Ord. 164-1984. Passed 1-28-85.)

1105.08 CERTIFICATE OF ZONING COMPLIANCE.

No person shall use or occupy, or permit the use or occupancy of any building or premises or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance has been issued by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Zoning Ordinance and zoning permit as issued.

A temporary certificate of zoning compliance may be issued by the Zoning Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion if the requirements of Section 1305.04(b) of the Building Code are met.

Before issuance of a certificate of zoning compliance, the Zoning Inspector shall cause an inspection to be made of the premises for compliance with all building, health and zoning laws, ordinances and regulations and shall require compliance with all such laws, ordinances and regulations.

The certificate of zoning compliance shall state that the building or land complies with all applicable building and zoning laws, ordinances and regulations, and shall be issued within ten days after full compliance by the owner and/or tenant with all requirements of this Ordinance or other applicable ordinances, laws or regulations. If the use is lawfully nonconforming, the certificate shall so state.

(Ord. 269-2001. Passed 12-17-01.)

1105.09 SCHEDULE OF FEES, CHARGES AND EXPENSES.

Council shall by ordinance establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other matters pertaining to the administration and enforcement of this Zoning Ordinance requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. 164-1984. Passed 1-28-85.)

1105.10 RECORD OF ZONING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE.

The Zoning Inspector shall maintain a public record of all zoning permits and certificates of zoning compliance.
(Ord. 269-2001. Passed 12-17-01.)

1105.11 VIOLATIONS.

(a) Failure to obtain a zoning permit or certificates of compliance shall be a violation of this Zoning Ordinance and punishable under Section 1105.99.

(b) Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this Ordinance and punishable as provided in Section 1105.99.

(c) The Inspector shall revoke a certificate of compliance for fraud or misrepresentation in the application thereof or failure to conform with the use or condition of the premises required by existing law, ordinance or regulation. Notice of such revocation shall be served personally or by certified mail upon the owner if a resident of Lucas County. If the owner or part owner is a nonresident, service may be made by delivering a copy of the notice to any lessee or tenant occupying the premises and shall be effective upon service of such notice or at the time stated therein if subsequent to such service.

(d) Any person who proceeds thereafter with such work or use without having obtained a new certificate in accordance with this Ordinance is guilty of a violation thereof.

(Ord. 269-2001. Passed 12-17-01.)

1105.12 COMPLAINTS REGARDING VIOLATIONS.

(a) Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance.

(b) Upon becoming aware of any violation of any provision of this Zoning Ordinance, the Zoning Inspector shall serve notice of such violation on the person or corporation committing or permitting said violation, and if such violation has not ceased withing thirty (30) days as specified in the notice, the Zoning Inspector shall institute such action as may be necessary to terminate the violation and compel compliance. It is further understood that one notice specifying the violation(s) shall be sufficient notification for repeat offenders.

(c) 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 this Ordinance or any amendment or supplement thereto, the Zoning Inspector, City officials, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 122-2017. Passed 10-23-17.)

1105.99 PENALTY.

Violation of any provision of this Zoning Ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this Ordinance, shall constitute a misdemeanor. Any person, firm or corporation who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred dollars ($100.00) 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 or corporation who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

1107.01 OFFICE OF ZONING INSPECTOR CREATED.

The Commissioner of Building and Zoning Inspections and such other persons as defined as zoning inspectors in Section 1103.101 shall constitute the Office of Zoning Inspector.

(Ord. 269-2001. Passed 12-17-01.)

1107.02 DUTIES OF THE ZONING INSPECTOR.

For the purpose of this Zoning Ordinance, the Zoning Inspector shall have the following duties:

(a) Investigate violations. Upon finding that a provision of this Zoning Ordinance is being violated, he shall notify in writing the person responsible for such violation(s); ordering the action necessary to correct such violation; order discontinuance of illegal uses of land, buildings or structures; order removal of illegal buildings or structures or illegal additions or structural alterations; or order discontinuance of any illegal work being done. The Zoning Inspector may also take any action authorized by this Ordinance to ensure compliance with or to prevent violation(s) of this Ordinance. This may include the issuance of and action on zoning and certificate of compliance permits and such similar administrative duties as are permissible under the law.

(b) Maintain a record of Special Use Permits.

(d) Maintain a record of nonconformities.

(e) Review applications for zoning permits. If the application conforms to all the requirements of the Zoning Ordinance, the permit should be approved. If however, the application does not conform to all requirements, the Zoning Inspector should inform the applicant specifically how the request does not conform to the requirements. If the applicant does not make the required changes, the Zoning Inspector should deny the application, and explain in writing why the application was denied. The Zoning Inspector should also inform the applicant of the right to appeal his decision, or to request a variance from the Board of Zoning Appeals.

(f) Conduct on-site inspections. The Zoning Inspector should also periodically conduct on-site inspections after the zoning permit is approved. This is the only way to assure that the actual construction will conform to the approved application.

(g) Proposed amendments. The Zoning Inspector will often be the first to recognize errors in the Zoning Ordinance. If he finds errors, or if he should find constantly recurring problems, he should inform the Planning Commission or Council so that they may initiate amendments.

(h) Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions. Interpretation of uses or definitions shall be by the Zoning Inspector, with the right of appeal to the Board of Zoning Appeals. Uses not specifically listed or interpreted by the Inspector shall not be permitted except by amendment of this Zoning Ordinance.

(i) Review and process plans pursuant to the provisions of this Zoning Code.

(j) Maintain permanent and current records required by this Zoning Code, including but not limited to the Official Zoning Map, Zoning Certificates, inspection documents and records of all variances, amendments and Conditional Uses. These records shall be made available for use of the City Council, Planning Commission, the Board of Zoning Appeals and to the public.

(k) Such other duties as specified from time to time by City Council.

(Ord. 269-2001. Passed 12-17-01.)

1107.025 NOTICE REQUIREMENTS - GENERAL.

All "Notice" provisions in this Zoning Code are general in nature. To determine the specific notice requirements for each type of application, see the specific review procedures. To determine the notice requirements for rezoning, for example, see the rezoning procedures in Chapter 1111. All notices required under this Zoning Code must:

(a) Indicate the date, time and place of any public hearing or date of action that is the subject of the notice.

(b) Describe the property involved by street address or other means to appropriately identify the property.

(d) Indicate where additional information on the matter can be obtained.

(Ord. 040-2009. Passed 2-23-09.)

1107.026 WRITTEN NOTICE.

When the provisions of this Zoning Code require that "written notice" be provided, the City must mail notice in accordance with requirements of Section 1107.025 to the applicant, and to the properties within, contiguous to and directly across the street from the subject area, and to all properties within 300 of any point along the border of the subject area. Address of such owners shall be obtained from the current tax list of the Auditor of Lucas County or the mailing list of the Treasurer of Lucas County. When the required notice has been properly addressed and deposited in a U.S. Postal Service mailbox via first-class at least ten (10) days prior to any action, the written notice provision shall be deemed satisfied. The failure of delivery of the written notice shall not invalidate any action on such proposed amendments. Written notice to property owners shall not be required whenever a proposed amendment affects only the text of the Zoning Ordinance rather than the Zoning Map or the area or location of the districts themselves.
(Ord. 040-2009. Passed 2-23-09.)

1107.027 ON-PREMISE NOTICE.

When the provisions of this Zoning Code require that "On-Premise Notice" be provided, the applicant must ensure that notice is posted on the subject property. On-Premise Notice must be in the form of official signs provided by the Zoning Inspector and be placed in a manner that make the notice clearly visible to neighboring residents and passers-by from each street bordering the subject property. The following specific provisions apply:

(a) One or more signs must be placed where instructed by the Zoning Inspector. At least one sign must be placed for each lot frontage. Signs shall be three (3) feet wide by two (2) feet high in size.

(b) Required On-Premise Notice must be in place for at least ten (10) days (unless otherwise specified) before any hearing, meeting or date of action that is the subject of the notice. This time may be extended as specified in this Zoning Code.

(c) Failure to properly place signs is grounds for deferral or denial of the application. No one, except the applicant or an agent of the applicant, or the City, shall remove or tamper with any such required sign during the period it is required to be maintained under this section or other sections.

(d) The applicant must remove signs immediately after the final decision-making body takes action.
(Ord. 040-2009. Passed 2-23-09.)

PLANNING COMMISSION

1107.03 PROCEEDINGS OF THE PLANNING COMMISSION.

The Planning Commission shall be established as per the Oregon City Charter. They shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record and filed in the office of the Building and Zoning Inspection Department.
(Ord. 269-2001. Passed 12-17-01.)

1107.04 DUTIES OF THE PLANNING COMMISSION.

The Planning Commission shall have the following duties:

(a) Initiate advisable Official Zoning District Map changes, or changes in the text of the Zoning Code where same will promote the best interest of the public in general through recommendation to the City Council.

(b) Review all proposed amendments to this Zoning Code (text and/or map) and make recommendations to the City Council, as specified in this Zoning Code.

(d) Review all planned unit developments and make recommendations to the City Council.

(e) Review and decide on applications for site plans subject to public hearing.

(f) Exception and Conditional Uses: To permit exceptions and conditional uses as provided for in Section 1107.07 and 1107.08, for uses which possess unique or special characteristics relating to location, design, size, traffic generation, and method of operation. Because of these characteristics, each is considered on an individual basis. The conditions which dictate the issuance of the permit are usually directed toward minimizing possible detrimental effects of the proposed use on the character, value and development of the adjacent area.

The Planning Commission is responsible for judging compliance with conditions established in Section 1107.08. If all conditions established in Section 1107.08 are met by the applicant the Planning Commission shall issue a permit. The Planning Commission may prescribe additional appropriate conditions and safeguards in accordance with Section 1107.09(h).

The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and find adequate evidence showing that such use at the proposed location:

(g) Will be harmonious with and in accordance with the general objectives or with any specific objective of the City’s Master Plan and the Zoning Ordinance.

(h) Will be designed, constructed, operated and/or maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

(i) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that which the persons or agencies responsible for the establishment of the proposed use shall be able to provide.

(j) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

(k) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.

No conditional use or exception shall be allowed unless the Board finds all of these standards have been met.
(Ord. 269-2001. Passed 12-17-01.)

1107.041 PURPOSE.

Under some unusual circumstances, a use which more intensely affects an area than those uses which are permitted in the zoning district in which it is proposed to be located may nevertheless be desirable and also compatible with the permitted use within a zoning district, if the proposed use is properly controlled and regulated. The purpose of this Section is to establish the provisions whereby the Planning Commission may allow such uses to exist as conditional uses and in specific zoning districts where these unusual circumstances exist and where the proposed uses will be consistent with the general intent and purpose of the Code. In addition, certain conditional uses may be necessary or desirable to be allowed in certain districts, but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community.

(Ord. 127-2014. Passed 11-24-14.)

BOARD OF ZONING APPEALS

1107.05 ORGANIZATION AND OPERATION.

(a) Appointment and Term. A Board of Zoning Appeals is hereby established. Such Board shall consist of five members, resident-freeholders and electors of the City. No member of Council, administrative officer or employee of the City shall be eligible for appointment to the Board.

The members shall be appointed by the Mayor and confirmed by Council, and shall serve without compensation. The terms of all members shall be three years.

Vacancies shall be filled by appointment, as provided therein, for the unexpired term only.

Members may be removed for cause by the Mayor, with the concurrence of Council, upon written charges and after a public hearing.

(b) Organization, Operation and Quorum. The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance.

Meetings shall be held at least once a month and at such other times as the Board may determine. There shall be a fixed place of meeting and all meetings shall be open to the public. The Chairman, or in his absence the acting Chairman, may at his discretion administer oaths and compel the attendance of witnesses.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and filed in the office of the Building Inspection Department.

Three members of the Board shall constitute a quorum. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on matters over which it has original jurisdiction under this Ordinance.

(c) Department Assistance. The Board may call upon the various departments of the City for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

(Ord. 164-1984. Passed 1-28-85.)

1107.06 JURISDICTION.

For the purpose of this Zoning Ordinance the Board shall have the following powers:

(a) Appeals. To hear and decide appeals from any action, refusal, interpretation, order, requirement, decision or determination by the Zoning Inspector in the administration and enforcement of the provisions of this Ordinance. Such appeal shall be taken within thirty days after the decision. This shall be done by filing with the Zoning Inspector and with the Board of Zoning Appeals a notice of appeal, specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.

The Board of Zoning Appeals shall then review the case to see if the Zoning Inspector has acted in conformance with the provisions of the Ordinance. If the Board of Zoning Appeals finds that the Zoning Inspector was justified in refusing to grant the permit, they shall uphold his decision. If, on the other hand, the Board of Zoning Appeals finds that the Zoning Inspector was in error, they shall issue an order for the Zoning Inspector to grant the zoning permit. If the Board of Zoning Appeals denies the appeal, the applicant may request a variance under a separate application. A resident can also appeal to the Board of Zoning Appeals a decision of the Zoning Inspector to grant a zoning permit where the resident believes that the permit should not have been granted.

(b) Variance. To authorize upon appeal where by reason of exceptional narrowness, shallowness or shape, or exceptional topographic conditions or other extraordinary situation or condition of a lot, the strict application of the terms of this Ordinance would result in peculiar and exceptional practical difficulties or undue hardship upon the owner thereof, a variance from such strict application to relieve such difficulties or hardship, provided relief may be granted without substantial detriment to the public good and without substantially impairing the intent of this Ordinance, and provided further that no variance shall be granted unless the Board finds that all of the following conditions exist:

(1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to other land or buildings in the vicinity.

(2) The granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.

(3) That the condition from which relief or a variance is sought did not result from action by the applicant.

(4) The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the City.

While appeals and variances come to the Board of Zoning Appeals only after the Zoning Inspector has refused a zoning permit, applications for conditional uses and exceptions come directly to the Planning Commission.
(Ord. 040-2009. Passed 2-23-09.)

1107.07 EXCEPTIONS ALLOWED.

The Planning Commission may, upon formal application and review, authorize the following exceptions:

(a) In the A and R Districts, public parking area adjacent to any existing or proposed use in the commercial or industrial district.

(b) Parking and loading arrangements differing from the requirements of this Zoning Ordinance whenever it has been clearly demonstrated that the full parking and loading requirements herein are unnecessary or where such requirements would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience.

(d) In the M Districts, the temporary use of areas or portions thereof for dwelling purposes in demountable or other temporary buildings under appropriate conditions and safeguards.

(e) The extension of a district for a distance of not more than twenty-five feet where the boundary line of a district divides a lot or lots in single ownership at the time of adoption of this section.

(f) The extension of an existing or proposed building into a more restricted district under such conditions as will safeguard the character of the more restricted district.

(g) Permit the erection, enlargement and use of a building or structure or the use of premises in any location for railroad or other public utility purposes, which the Board deems reasonably necessary for the public convenience or welfare.

(h) Location of an industry, except automobile wrecking, scrap and junk yards as provided in Section 1107.08(b)(2), within an M-1 Industrial or M-2 Industrial District after consideration of the performance characteristics and methods of its operation and its effect upon uses within surrounding districts.

(Ord. 040-2009. Passed 2-23-09.)

1107.08 CONDITIONAL USES ALLOWED.

The Planning Commission may, upon formal application and review, authorize the following conditional uses, subject to the specified conditions contained herein. All other regulations for specific zones in this Title Three apply unless specifically modified herein. A site plan, as required in Chapter 1151 shall be submitted with all conditional use applications. This site plan must be approved by the Service Director, the Commissioner of Building & Zoning Inspection, Commissioner of Water and Wastewater Treatment, the Commissioner of Streets and the Chief of the Fire Prevention Bureau, at such time that the conditional use is approved or before a building permit is issued for new construction or alterations.

(a) Factors to be considered in evaluating the standards set forth in Section 1107.04 may include, but are not limited to, the following:

(1) Land use;

(2) Height;

(3) Setbacks;

(4) Business or other activities;

(5) Open space;

(6) Density;

(7) Location of structures and uses on the site;

(8) Screening;

(9) Signs/advertisements;

(10) Paving;

(11) Entrances;

(12) Hours of operation;

(13) Lighting;

(14) Landscaping;

(15) Fencing/walling;

(16) Mechanical systems/HVAC;

(17) Dumpster locations; and

(18) Parking.

(b) Standards for specific conditional uses are as follows:

(1) Gasoline or service stations:

A. These uses are allowed only in the C-2 General Commercial or any M District.

B. The required site plan shall include the location of buildings, drives, pumps, underground storage tanks, signs, screening of fences and lighting.

C. A six foot-high screen fence shall be provided on all plot lines adjoining a R District.

D. A minimum twenty foot side yard setback shall be maintained.

E. No permanent storage of disabled vehicles shall be made on the site.

F. Curb openings and driveways shall be a minimum of twenty feet in width. They shall be located a minimum of twenty feet from adjacent property; a minimum of thirty feet from a street or alley intersection when located on a minor street; minimum of sixty feet from a street or alley intersection when located on a major street. Driveways shall be located no closer to each other than forty feet when on a minor street and sixty feet when on a major street.

G. No pumps shall be located within fifty feet of an R District.

H. Any gasoline or service station shall have its primary frontage on a major street.

I. No luminaire shall be directly visible from an adjoining R District.

J. Filling station pump islands which are more than fifty feet from the boundary of a residence district may be located within a required yard provided that the same are within ten feet of the established building line.

K. A gasoline or service station must be removed if abandoned or if use is discontinued. For purposes of this Zoning Ordinance, this is defined to be a gasoline or service station which accumulates a period totally of twelve months of no operation since its last period of six months of continuous operation. If this condition is deemed met by the Zoning Inspector, he shall send notice to the owner of record of the gasoline or service station that the station is considered abandoned. The owner of record has sixty days after issuance of the notice to:

1. Demonstrate the gasoline service station was not abandoned according to the criteria of this subsection;

2. Obtain an occupancy permit from the City for another use permitted within the district; or

3. Remove all vehicles, structures, pumps and islands, signs and standards, and fill all buried tanks with sand.

If none of the conditions of subsection (b)(1)K. hereof are met within the allowed sixty days, the City shall remove all structures, pumps and islands, signs and standards, and fill all buried tanks, and shall assess the cost against the property.

(2) Automobile wrecking, scrap and junk yards including refining or processing of automobiles, scrap or junk materials.

A. These uses are allowed only in the M-2 General Industry District.

B. A six foot fence shall be required on all setback lines, enclosing the site activities.

C. No open burning, cutting or processing is permitted.

(3) Airports and landing fields.

A. These uses are allowed in any M Industry and A-1 Agricultural District.

B. The required site plan shall show the location of all landing strips or runways, taxiways and aircraft parking areas; all buildings, hangars and terminals; all drives and parking areas; and screening and planting. The Board shall ensure that adequate ingress and egress, parking and protection of adjacent property is provided.

(4) Cemeteries.

A. This use is allowed in any R-Residential or A-1 Agricultural District.

B. The required site plan shall show the location of all drives, structures and parking. The Board shall ensure that adequate ingress and egress and parking is provided.

(5) Mobile Home Parks.

A. This use is allowed only in an R-4 Planned Residential District.

B. The minimum site shall contain ten acres unless the development is an extension of an existing park.

C. A mobile home shall be located only within a mobile home park.

D. The park must have frontage on a major street for at least fifty feet.

E. All interior drives, parking areas and trailer pads must be of a hard surfaced, dustless material.

F. A three foot decorative fence shall be placed along the front yard setback line and a four foot decorative fence shall be placed along the side and rear property line.

G. Each trailer pad shall contain two hard-surfaced, off-street, vehicle parking spaces.

H. In each mobile home park, there shall be provided a minimum of one-half acre recreation site plus an additional one-half acre for each additional fifteen trailer pads, or portion thereof, beyond fifteen pads.

I. An all-weather community building of at least 600 square feet floor area with space for an assembly or meeting room and a laundry room shall be provided. In addition, the building shall be increased by five square feet for every trailer pad over fifty pads. Off-street parking as required by Chapter 1157 shall be provided.

J. The minimum lot frontage shall be twenty-five feet, and the minimum depth shall be eight feet, or the minimum lot size shall be 3,600 square feet, whichever is greater.

K. The mobile home park shall be maintained as a single lot of record and individual lots are not to be sold.

L. The required site plan shall show the location of all drives, parking areas, trailer pads, trailer lots, community buildings, recreation areas and screening or screen planting.

M. All interior roadways and drives shall be a minimum of twenty- five feet wide.

(6) Mortuaries.

A. This use is allowed in any C Commercial and R Residential District.

B. The minimum lot size shall be one-half acre in any C District and two acres in any R District. Temporary sleeping rooms only are permitted in a mortuary located in a C-1 or C-2 District. An apartment within a mortuary is permitted in any R or in a C-3 District.

C. The required site plan shall show the location of buildings, drives, parking, screening or screen planting, and interior location and size of any parlors or service rooms.

D. A four foot high screen fence shall be provided where any parking area adjoins a residential district or a residential use in a planned district.

E. In an R District, a single, non-illuminated or indirectly illuminated exterior sign containing a maximum of twenty-four square feet shall be permitted.

(7) Assisted living facilities, nursing homes, rest homes or homes for the aged.

A. These uses are allowed in any R-3 Multiple Family or R-4 Planned Residential District.

B. The minimum lot size shall be 12,000 square feet for the first ten beds and 1,000 square feet for each additional bed.

C. A four foot decorative fence shall be provided on all property lines adjoining an R Residential District.

D. An enclosed recreation area, open or partially under roof, containing a minimum fifty square feet per bed shall be provided.

E. There shall be a minimum of sixty feet frontage on a major street, which frontage shall contain at least one entry drive to the site.

F. The required site plan shall show all drives, parking areas, building locations, recreation areas and screening or screen planting.

(8) Golf or country club, lodge or private recreation club.

A. These uses may be located in any district except an M Industrial District.

B. A three foot high decorative fence, screen planting or earthen mound shall enclose all parking areas when located within fifty feet of any R District.

C. The required site plan shall show the location of all buildings, drives, parking areas and fence or screen planting.

(9) Hospitals or medical clinics.

A. These uses may be located in an R-4 Planned Residential or any C District, and

B. There shall be a minimum of sixty feet frontage on a major street, which frontage shall contain the primary public and service access to the site; and

C. A three foot high decorative fence, screen planting or earthen mound shall enclose all drives or parking areas located within fifty feet of any R District; and,

D. The required site plan shall show the location of all buildings, drives, parking areas and fencing or screen planting.

(10) Churches.

A. The minimum lot for a church shall be three acres.

B. A church is permitted in any R or C District.

C. A church must have direct access to a major street.

D. The required site plans shall show the location of all structures, parking areas, drives and entries, and screen fencing or planting.

E. All off-street parking lots within fifty feet of any R District shall be suitably screened.

(11) Duplex.

A. A duplex or two-family dwelling may be allowed as a conditional use in an R-2.

B. The minimum lot area for a duplex in an R-2 District is:

District	Minimum Lot Area	Minimum Lot per Family
R-2	15,000 square feet	7,500 square feet

C. Other bulk and density regulations, off-street parking and site requirements shall remain in effect.

D. Surface off-street parking area shall be screened with a four foot decorative fence and landscaping when adjacent to single family residential areas.

E. The required site plan shall show building location, drives and parking, fencing and landscape screening.

F. In an R-2 zone, a duplex must have a minimum floor area of 1,000 square feet.

G. Provided off-street parking for four automobiles, excluding the garage and driveway.

H. Provide one two-car garage per duplex.

I. Provide a tree planting diagram to be submitted for the approval of the Service Director, with a minimum of two trees in the front yard. A corner lot shall also have two trees in the side yard along the street right-of-way.

J. Provide a fifty foot setback from the major street right-of-way.

K. No building permit shall be issued until plans are submitted that will guarantee the conditions imposed in this subsection (b)(11).

(12) (EDITOR'S NOTE: Former Section 1141.05 which permitted Conditional Uses in an M-2 District was repealed by Ordinance 175- 1990, passed November 12, 1990.)

(13) Manufactured home parks: Manufactured home parks shall be constructed pursuant to the Rule of the Ohio Department of Health, Public Health Council, Mobile Home Park, Chapter 3701-27. In addition, manufactured home parks shall comply with the following:

A. This use is allowed only in an R-4 Planned Residential District.

B. A manufactured home park shall have a public water and sewer system and/or on the site water and wastewater treatments system acceptable to the Ohio EPA, Lucas County Health Department or other approving agency of the State or County.

C. A manufactured home park shall be developed on a site of not less than ten acres. Individual sites within a park shall be developed with sites having a minimum of 5,500 square feet, including a minimum width of thirty feet per manufactured home being served. This 5,500 square feet may be reduced by twenty percent (20%) provided that the individual site shall be equal to at least 4,400 square feet. For each square foot lost through this reduction of the site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space.

D. The minimum setback for a park shall be fifty feet from a public right-of-way. The manufactured home shall be placed on the site so as to comply with the following:

1. Each manufactured home shall be placed upon a manufactured home site so as to provide not less than fifteen feet between the side of one manufactured home and the side of another, fifteen feet between the end of one manufactured home and the side of another, and ten feet between the end of one manufactured home and the end of another. In computing these distance requirements, an auxiliary room or similar accessory connected to the manufactured home shall be considered as part of the manufactured home. A temporary porch or canopy which is open on two or more sides shall not be considered as part of the manufactured home.

2. No portion of any manufactured home, its appurtenances or parking space shall be located on a manufactured home site so as to be closer than fifteen feet to a roadway boundary, or twenty-five feet to a manufactured home park boundary or property line.

E. All manufactured home spaces shall abut upon a driveway of not less than twenty feet in width, which shall have obstructed access to a private or public street.

F. All land in a manufactured home park shall comprise a single parcel. Public thoroughfares, except extensions of local and collector streets proposed as part of a manufactured home site plan, shall not bisect or divide a manufactured home park to avoid unwarranted public traffic from traveling through the park.

G. Mobile homes may be permitted in manufactured home parks but all requirements of this subsection shall apply. Travel trailers, motor homes and other recreational vehicles shall not be permitted in a manufactured home park.

H. All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

(14) Manufactured home subdivision. The manufactured home subdivision is intended as an area chiefly designated for single-family manufactured homes attached to a permanent foundation as well as other buildings erected, arranged, intended or designed to be used for one single-family dwelling. Related community facilities, including churches, kindergartens, schools, public playgrounds and public parks shall be permitted, as well as any building or permanent structure within a manufactured home subdivision to be used exclusively to provide accessory services for residents of the manufactured home subdivision such as, but not limited to, a recreational facility.

Manufactured home subdivisions shall be constructed pursuant to the Subdivision Rules and Regulations of Chapter 1171 et seq. In addition, manufactured home subdivision shall comply with the following:

A. Any principal building shall be situated on a lot of not less than 7,200 square feet in an area and shall have a minimum net floor area for living quarters of 720 square feet. The minimum lot frontage shall be thirty feet at the building line.

B. Except as set forth in subsection (b)(14)A. hereof, a manufactured home subdivision shall conform to the area, setback and related regulations of an R-2 District.

(Ord. 127-2014. Passed 11-24-14.)

1107.09 APPLICATION AND PROCEDURE FOR APPEALS, VARIANCES, EXCEPTIONS AND CONDITIONAL USES.

Appeals, variances, exceptions and conditional uses shall conform to the procedures and requirements of this Zoning Ordinance. The Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances as provided in Section 1107.06 (a) and (b). The Planning Commission shall have original jurisdiction on exceptions and conditional uses as provided in Section 1107.07 and 1107.08 .

(a) Application. All applications shall be in writing, shall be signed by the owner of the property involved or his duly authorized agent or attorney, shall specify the request and grounds thereof, and shall be filed in the office of the Commissioner of Building and Zoning Inspection.

(b) Appeals. An appeal for any action, refusal or ruling of the Zoning Inspector shall be filed within thirty (30) days after such action or refusal or the announcement of such ruling. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action or ruling appealed from was taken.

(c) Application For an Exception or Conditional Use. Every application for a conditional use or exception shall forthwith be referred to the Planning Commission and other appropriate City departments as they so determine, for their recommendation of approval, approval with supplementary conditions, or disapproval. Such recommendation shall be delivered to the Planning Commission in writing within forty-five (45) days after the receipt of such application by the Commission, or other City departments. Failure to disapprove the same within such period shall constitute an approval thereof.

(d) Public Hearing and Notice. The Board shall hold a hearing on each appeal after providing Written and On-Premise Notice and shall make its findings and determination in writing within forty-five (45) days from the date of filing of the appeal. In the case of an application for a Conditional Use or Exception, the Commission shall, after providing Written Notice and On-Premise Notice, hold a hearing and make its findings and determination in writing within forty-five (45) days after receipt of the recommendation of the City Departments or expiration of the time within which the City Departments shall act pursuant to subsection (c) hereof. A copy of such findings and determination shall be transmitted to the applicant within five (5) days thereafter.

(e) Record of Appeals, Variances, Exceptions and Conditional Uses. A public record of all appeals, variances, exceptions or conditional use applications and their disposition shall be kept on file in the office of the Zoning Inspector.

(f) Appeal of Board Decisions. If the application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made within ten days of the Board's written decision.

(g) Schedule of Fees, Charges and Expenses. Council shall by ordinance establish a schedule of fees, charges, and expenses and a collection procedure for appeals, variances, conditional use permits, exceptions and other matters pertaining to the administration and enforcement of this Ordinance requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(h) Supplementary Conditions and Safeguards. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance; nor shall the Planning Commission grant an exception or conditional use to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly prohibited by the terms of this Ordinance in such district.

In granting any appeal, variance, exception or conditional use, the Board of Zoning Appeals or Planning Commission, as applicable, may prescribe appropriate conditions and safeguards in conformity with this Ordinance and the Master Plan. The Board or Planning Commission may stipulate the manner in which the requested variance, exception, or conditional use shall be carried out, or may require other improvements and safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots for the public. Specifically, the Board or Planning Commission in such cases may attach conditions dealing with:

(1) Paving, shrubbery, ornamental or screening fence or wall;

(2) Control or elimination of smoke, dust, radiation, vibration, gas, noise or odor;

(3) Hours of operations;

(4) Location of exits or show windows;

(5) Cleaning and painting;

(6) Elimination of nonconforming uses of land or nonconforming signs before the standard period given for their elimination has expired;

(7) Direction and intensity of outdoor illumination;

(8) Amount and location of off-street parking, loading and signs;

(9) A period of time after which the permitted variation or exception shall expire;

(10) Other conditions as may be appropriate.

If the application is approved or approved with modifications, the Zoning Inspector shall issue a permit listing the specific conditions specified by the Board or Planning Commission for approval.

Violations of such conditions and safeguards, when made a part of the terms under which the permit is granted, shall be deemed a violation of this Ordinance and punishable under Chapter 1105 . (Ord. 127-2014. Passed 11-24-14.)

1107.10 DUTIES OF ZONING INSPECTOR, BOARD OF ZONING APPEALS, LEGISLATIVE AUTHORITY AND COURTS ON MATTERS OF APPEAL.

It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Ordinance that the duties of Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter and this Ordinance. Under this Ordinance, Council shall have only the duties of considering and adopting or rejecting proposed amendments, considering special use permits, or the repeal of this Ordinance as provided by law, and of establishing a schedule of fees and charges. Nothing in this Ordinance shall be interpreted to prevent any official of the City from appealing a decision of the Board to the courts as provided in Ohio R.C. Chapters 2505 and 2506. Any such appeal shall be made within ten days of the Board's written decision.
(Ord. 040-2009. Passed 2-23-09.)

1107.11 CONDITIONAL USES REVERT AFTER TWO YEARS.

In the event a conditional use is discontinued for a period of two years, the use shall revert to its original use prior to the issuance of the conditional use permit or such lesser time as may be set as a condition of the approval.
(Ord. 164-1984. Passed 1-28-85.)

1109.01 INTENT.

Within the districts established by this Zoning Ordinance or amendments that may later be adopted there exists lots, uses of land, structures, and uses of structures and land in combination which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance of future amendments. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Existing lots, uses of land, structures, and uses of structures and land in combination, which were illegal at the time this Zoning Ordinance was adopted or amended shall remain illegal and does not constitute a nonconformity.

(Ord. 164-1984. Passed 1-28-85.)

1109.02 AVOIDANCE OF UNDUE HARDSHIP.

To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which a valid building permit was issued, or actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. “Actual construction” includes the placing of construction materials in permanent position and fastening in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work is carried out diligently.

Any nonconforming structure that is ready for or under construction at the time of adoption or amendment of this Zoning Ordinance may be completed and occupied in accordance with the requirements of a valid building permit issued prior to such date.

(Ord. 164-1984. Passed 1-28-85.)

1109.03 SINGLE NONCONFORMING LOTS OF RECORD.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record existing at the effective date of the adoption or amendment of this Zoning Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area and or width of the lot shall conform to the regulations for the district in which such lot is located.

Where a single lot of record existing at the time of the effective date of this section is less than seventy feet in width the required floor area may be reduced to not less than 1,100 square feet, provided that all other requirements excepting lot width, lot area or floor area, are met.

Variances for district requirements other than lot area, lot width, or floor area shall be obtained only through an action of the Board of Zoning Appeals, as provided in Chapter 1107 .

(Ord. 164-1984. Passed 1-28-85.)

1109.04 NONCONFORMING LOTS OF RECORD IN COMBINATION.

If two or more nonconforming lots, or portions thereof, with continuous frontage are in common ownership, the Board of Zoning Appeals may consider these lots to be an undivided parcel for the purpose of this Zoning Ordinance. If considered an undivided parcel, no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance nor shall any division of such parcel be made which creates lot with a width or area below the requirements stated in this Ordinance.

If each such parcel is developed separately, a finding shall be made by the Board of Zoning Appeal that such development and density is not a detriment to the surrounding area.

(Ord. 164-1984. Passed 1-28-85.)

1109.05 NONCONFORMING USES OF LAND.

Where, at the time of this Zoning Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:

(a) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment of this Zoning Ordinance.

(b) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied at the effective date of adoption or amendment of this Zoning Ordinance.

(c) If any such nonconforming uses of land are discontinued or abandoned for more than two years, except when government action impedes access to the premises, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located;

(d) No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land; and

(e) One nonconforming use may be substituted by another nonconforming use. However, the replacement use shall be equal to or less intensive than the nonconforming use that it is replacing. The Planning Commission shall hold a public hearing to determine whether or not such replacement nonconforming use is acceptable.
(Ord. 269-2001. Passed 12-17-01.)

1109.06 NONCONFORMING STRUCTURES.

Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Ordinance by reason of restrictions of area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(b) Any non-conforming building, use, or structure which has been destroyed or damaged by fire, other casualty, act of God, to the extent of sixty percent (60%) or more of its cost of its fair market value, shall thereafter conform to all provisions of this Code.

Determination of the fair market value shall be made by three (3) practicing building construction contractors, one to be appointed by the owner, one to be appointed by the City, and the third to be selected by the mutual consent of the two (2) parties.

In the case of repair or replacement of partial destruction of the structure, a building permit must be applied for within six (6) months of the destruction and repairs must be completed within six (6) months of the issuance of the permit or the non-conforming structure or use shall be considered to have been abandoned. The initial date of abandonment shall, in such case, be the date the initial destruction occurred.

(c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 269-2001. Passed 12-17-01.)

1109.07 NONCONFORMING USES OF STRUCTURES, OR OF STRUCTURES AND LAND IN COMBINATION.

If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Zoning Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a) No existing structure devoted to a use not permitted by this Zoning Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;

(c) If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with Section 1107.09(h) and other provisions of this Ordinance;

(d) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

(e) When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for more than two years, except when government action impedes access to the premises, the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;

(f) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 164-1984. Passed 1-28-85.)

1109.08 EXPANSION, REPAIR AND MAINTENANCE.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this Zoning Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.

1111.01 COUNCIL POWER.

Whenever the public necessity, convenience, general welfare, or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

This Zoning Ordinance may be amended utilizing the procedures specified in this chapter.
(Ord. 164-1984. Passed 1-28-85.)

1111.02 INITIATION OF ZONING AMENDMENTS.

Amendments or district changes to this Zoning Ordinance may be initiated in one of the following ways:

(a) By adoption of a motion by the Planning Commission;

(b) By adoption of a resolution by Council;

(c) By the filing of an application by at least one owner or lessee of such property proposed to be changed or affected by such amendment.

The application for amendment or district changes shall be made on forms prescribed by, and obtainable at, the office of the Commissioner of Building and Zoning Inspection. This application shall be accompanied by information or data indicating the necessity for, or desirability of, the change requested.

(d) The application shall be sent to the Council for their initial action except any rezoning petition initiated by a property owner shall be filed directly with the Commissioner of Building and Zoning Inspection to be forwarded to the Planning Commission. This action shall take the form of a recommendation of acceptance or denial of an application. If the application is accepted, it shall be certified by the Clerk of Council transmitted, as required in Section 1111.04, to the Planning Commission for their recommendation. If the application is denied, grounds for the denial shall be stated.

(e) Contents for Applications for Zoning Map Amendments.

The property owner or the property owner’s agent, attesting to the truth and exactness of all information supplied by the application provided, that an individual signing as the applicant’s agent shall furnish proof of his authority to act for the applicant and shall sign the application. At a minimum the application shall contain the following information:

(1) Name, address and phone number of applicant;

(2) Proposed amendment to the text, or a survey or recorded parcel identification number of the property proposed to be rezoned;

(3) Present use;

(4) Present zoning district;

(5) Proposed use including any plans that the applicant has developed;

(6) Proposed zoning district;

(7) A vicinity map at a scale of not less than 1" = 100' showing property lines and streets;

(8) A fee as established by Council; and

(9) Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Planning Commission.

(Ord. 269-2001. Passed 12-17-01.)

1111.03 SCHEDULE OF FEES, CHARGES AND EXPENSES.

Council shall by ordinance establish a schedule of fees, charges, expenses and a collection procedure, for amendments and district changes. The schedule of fees shall be posted and payable in the office of the Commissioner of Building and Zoning Inspection. Fees may be altered or amended only by Council.

Except when amendments or district changes are initiated by Council or the Planning Commission, no action shall be taken on an application until all fees have been paid in full. In the event the actual costs exceed such fees the applicant shall pay the excess costs before final action is taken by Council. The applicant shall be liable for all costs incurred regardless of the final disposition of the application.

(Ord. 164-1984. Passed 1-28-85.)

1111.04 TRANSMITTAL TO PLANNING COMMISSION.

Immediately after the adoption of a resolution to initiate a zoning amendment or the acceptance of an application from at least one owner or lessee of property by Council, such resolution or application shall be certified by the Clerk of Council and transmitted to the Planning Commission for their report and recommendation.

(Ord. 164-1984. Passed 1-28-85.)

1111.05 SUBMISSION TO THE DIRECTOR OF TRANSPORTATION.

Before any zoning amendment is approved affecting any land: (a) within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed, as described in the certification to local officials by the Ohio Director of Transportation; or (b) within a radius of 500 feet from the point of intersection of such centerline with any public road or highway; the Planning Commission shall give notice, by registered or certified mail, to the Ohio Director of Transportation.

The Planning Commission may proceed within the time limits as required by law. Council, however, shall not approve the amendment for 120 days from the date the notice is received by the Ohio Director of Transportation.

If the Ohio Director of Transportation notifies the City that they shall proceed to acquire the land needed, then the City shall refuse to approve the rezoning. If the Ohio Director of Transportation notifies the City that acquisition at this time is not in the public interest, or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director of Transportation and the property owner, Council shall continue as required by law with the amendment procedure.

(Ord. 164-1984. Passed 1-28-85.)

1111.06 PUBLIC HEARING AND NOTICE BY PLANNING COMMISSION.

Within sixty days from the adoption of a motion, receipt of a proposed resolution by Council, or receipt of an application, the Planning Commission shall hold a public meeting and transmit its recommendation to Council. Written Notice and On-Premise Notice shall be provided. The failure of delivery of the written notice shall not invalidate any action of the Commission on such proposed amendments. Written notice to property owners shall not be required whenever a proposed amendment affects only the text of this Zoning Ordinance rather than the Zoning Map or the area or location of the districts themselves.

The Commission may recommend that:

(a) The amendment be granted as requested;

(b) A modification of the amendment be requested; or

Failure of the Commission to report, within the sixty-day period shall be construed as an approval of the proposed amendment, supplement or change.

(Ord. 040-2009. Passed 2-23-09.)

1111.07 PUBLIC HEARING BY COUNCIL.

Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing. Receipt by the Clerk of Council shall constitute delivery of recommendation. Such hearing shall not be less than thirty (30) days after posting notice nor more than forty-five (45) days from the receipt of the recommendation from the Commission, and at such time may be continued to a future date. In the event that a future date is set at such hearing, no further public notice shall be required.
(Ord. 269-2001. Passed 12-17-01.)

1111.08 PUBLIC NOTICE BY COUNCIL.

Notice of the public hearing shall be given by Council at least thirty days before the date of the required hearing. The notice shall set forth the time and place of the public hearing and a summary of the proposed amendment. During such thirty day period, the text, or copy of the text of the proposed ordinance or measure amending, supplementing or changing the boundaries or regulations herein established, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance or measure, and the maps, plans and reports submitted by the Planning Commission with reference thereto, shall be on file for public examination in the office of the Clerk of Council of the City.
If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, Written Notice and On-Premise Notice shall be provided by the Clerk of Council at least twenty days before the day of public hearing. The failure to deliver the notification, as provided in this section, shall not invalidate any such amendment
(Ord. 040-2009. Passed 2-23-09.)

1111.09 ACTION BY COUNCIL.

Within thirty days after the public hearing as required by Section 1111.07, or any recessed session, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. No such ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the commission, board, or officer shall take effect unless passed or approved by not less than three-fourths of the membership of the legislative authority.

No ordinance, measure or regulation which is in accordance with the Planning Commission recommendation shall pass or take effect without the concurrence of at least a majority vote of the members elected to Council.

No ordinance shall be passed unless it has been fully and distinctly read on three days, except as provided for in Article III Section 9 of the Charter and Section 111.09 of the Administrative Code.

(Ord. 87-1998. Passed 4-27-98.)

1111.10 EFFECTIVE DATE AND REFERENDUM.

Such amendment adopted by Council shall become effective thirty days after the date of such adoption unless within thirty days after passage of the ordinance there is presented to the Clerk of Council a petition, as provided for in Article IX of the Charter.

No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the votes cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.

As provided for in Article IX of the Charter, no measure initiated by the people and adopted by popular vote shall be repealed by Council, or so amended by it as to destroy the effectiveness thereof, within two years after it takes effect.

(Ord. 164-1984. Passed 1-28-85.)

1111.11 REFILING A PETITION.

A petition requesting the change of district boundaries, or a special use, once having been disapproved by Council, shall not be refiled nor considered by Council for a period of twelve months commencing on the date that the petition was rejected. Council may permit a petition to be withdrawn, prior to considering same, and may waive the twelve-month period for good and sufficient reason. Granting of a waiver is solely with the discretion of Council.

(Ord. 164-1984. Passed 1-28-85.)

1111.12 RIGHT OF APPEAL.

The petitioner maintains the right of appeal of the decision of Council through the Common Plea Court.
(Ord. 164-1984. Passed 1-28-85.)

1111.13 ANNEXATION.

(a) Whenever any areas are annexed to the City one of the following conditions will prevail until that area is permanently zoned:

(1) All lots, tracts or land within such annexed area shall be classified in whichever district of this Zoning Ordinance that most closely conforms to the zoning existing at the time of annexation. Such classification shall be recommended by the Planning Commission to Council, and subsequently approved by resolution of Council.

(2) If any such lots, tracts or land are not subject to zoning at the time of annexation they shall be classified as R-1 Low Density Residential whenever the land is vacant, and otherwise into a use district of this Ordinance that most closely conforms to the existing use of the annexed area. Such classification shall be recommended by the Planning Commission to Council, and subsequently approve by resolution of Council.

(b) In all cases, within a reasonable time after annexation, there shall be a public hearing on the question of permanent zoning classification. Such classification shall be initiated and recommended by the Planning Commission to Council. The hearing before the Commission and the subsequent action by Council that will establish permanent zoning shall follow the procedure as provided in this chapter.

(Ord. 164-1984. Passed 1-28-85.)

1113.01 PURPOSE.

(a) The principal objective of this Zoning Code is to provide for the orderly placement and use of land and buildings in order to maximize the social, economic and physical welfare of the City. Most uses are allowed within a specific district with regulations applying to all uses allowed within that district. In addition to these permitted uses, there are other uses which it may be necessary or desirable to allow in certain districts, but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community. Even though innovative land uses are encouraged, a site plan must be submitted and approved to establish conformance of the special use with regulations of this Code. (Ord. 127-2014. Passed 11-24-14.)

(b) Because some uses or activities to which the special use exceptions apply cannot be rendered conducive to the public health, safety and welfare, these uses may be denied within the legislative discretion of Council.

(Ord. 175-1990. Passed 11-12-90.)

1113.02 PLAN REQUIRED.

Any authorized agency of the Municipal, County, State or Federal government, or the owner or owners of any tract of land, may submit to Council an application for a special use per procedures in Chapter 1111. The application shall contain a map showing all items specified for the proposed use as outlined in Chapter 1151. In addition, at such time that the special use is approved such site plan must have been approved by Council. No building permit shall be issued until plans are submitted and approved that will guarantee the conditions imposed by Council and this chapter. Such recommendations as to conditions and restrictions shall be deemed necessary to secure the general objectives of this Zoning Ordinance and to reduce injury to the value of property in the neighborhood.

(Ord. 164-1984. Passed 1-28-85.)

1113.03 APPLICATION AND HEARING.

Uses in this chapter require special use approval prior to issuance of a zoning permit. Application for a special use permit shall be made on forms prescribed by and obtainable at the office of the Commissioner of Building and Zoning Inspection. This application shall be accompanied by information or data indicating the necessity for, or desirability of the special use requested.

Contents for Applications for Special Use Permit:

The property owner or the property owner's agent, attesting to the truth and exactness of all information supplied by the application provided, that an individual signing as the applicant's agent shall furnish proof of his authority to act for the applicant shall sign the application. At a minimum the application shall contain the following information:

(a) Name, address and phone number of applicant;

(b) Proposed amendment to the text, or a survey or recorded parcel identification number of the property proposed to be rezoned;

(d) Present zoning district;

(e) Proposed use including any plans that the applicant has developed;

(f) Proposed zoning district;

(g) A vicinity map at a scale of not less than 1" = 100' showing property lines, streets;

(h) A fee as established by Council; and

(i) Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Planning Commission.

The application shall be sent to the Commissioner of Building and Zoning. It shall be certified by the Commissioner of Building and Zoning who shall solicit comments from appropriate City departments or offices, and shall prepare a written report. The Commissioner shall transmit the application and report to the Planning Commission who shall proceed as provided in Chapter 1111. Acceptance, with or without conditions, or rejection will be recommended by the Commission.

After receiving from the Commission a recommendation on the application, Council shall proceed as specified in Chapter 1111 and shall then accept, modify or reject the application. If accepted, all maps, terms and conditions become a part of the resolution of approval. These shall remain on file at the Commission.

(Ord. 127-2014. Passed 11-24-14.)

1113.04 SCHEDULE OF FEES, CHARGES AND EXPENSES.

Council shall by ordinance establish a schedule of fees, charges and expenses and a collection procedure for special use permits and other matters pertaining to the administration and enforcement of this Zoning Ordinance requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the Commissioner of Building and Zoning Inspection and may be altered or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application.
(Ord. 164-1984. Passed 1-28-85.)

1113.05 RIGHT OF APPEAL.

(a) The granting, denial or granting with conditions of an application for a special use exception is hereby determined to be a legislative act.

(b) Any applicant or other interested party is entitled to seek relief from the action of Council under subsection (a) hereof in accordance with law for the review of legislative acts.
(Ord. 175-1990. Passed 11-12-90.)

1113.06 PERMITTED SPECIAL USES.

(a) As a result of various actions by Council under previous versions of this chapter, special use exceptions have been granted as set forth in Appendix A and subject to the terms and conditions set forth in the original application plan commission recommendation and ordinance.

(b) Unless otherwise indicated in Appendix A or inconsistent with the special use granted thereby, all provisions of the Planning and Zoning Code applicable to the use district in which the premises are located shall apply to the special use exception.

(1) Uses that are not authorized as permitted or conditional uses in any zoning use district nor specifically prohibited therein.

(2) Recreational areas developed by public or private institutions or any other use oriented toward providing entertainment of the general public either free or charged admission.

(3) Airports, landing fields, helipads and any other landing zone or landstrip for any type of aircraft.

(4) Automobile wrecking, scrap and junk yards including refining or processing of automobiles, scrap or junk.

(5) Metal reclamation, incineration or salvage.

(6) Nuclear power plants.

(7) Waste disposal, storage and/or incineration facilities.

(8) Extraction of natural resources: minerals, petroleum, sand, gravel or stone.

(9) Telecommunications facilities as defined and codified in Chapter 714.

(10) Non-residential cannabis cultivators, processors, testing laboratories, and similar business establishments.

(11) Duel diagnosis and addiction treatment programs not located in an existing hospital building or campus.

(12) Care Facilities as defined in the Ohio Building Code and Group Homes.

(13) Personal storage facilities.

(Ord. 140-2024. Passed 8-26-24.)

1113.07 SPECIAL USES REVERT AFTER TWO YEARS.

In the event a special use is discontinued for a period of two years, the use shall revert back to its original use prior to the issuance of the special use permit or such lesser time as may be set as a condition of the approval.

(Ord. 164-1984. Passed 1-28-85.)

1113.08 GENERAL STANDARDS FOR ALL SPECIAL USES

It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses pose characteristics of such a unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. The Planning Commission shall review the particular facts and circumstances of each proposed Special Use in terms finding the proposed Special Use:

(a) Is in fact, a Special Use as established under the provisions of the applicable zoning district.

(b) Will be in accordance with the general objectives or with any specific objectives of the Master plan

(c) Is designed, constructed, operated and would be maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

(d) Will not be hazardous or disturbing to existing or future neighboring uses.

(e) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

(f) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. (Ord. 127-2014. Passed 11-24-14.)

1113.09 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

In granting approval for any Special Use, the Planning Commission may prescribe appropriate conditions and safeguards in conformance with the Ordinance. Any violation of such conditions and safeguards, when made part of the terms under which the Special Use is granted, shall be deemed a punishable violation of this Ordinance. Examples of appropriate conditions and safeguards include but are not limited to:

(a) Larger buffer areas between the proposed Special Use and adjacent property.

(b) Greater yard requirements.

(d) Limits on where parking areas may be located.

(e) Limits on location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in the Chapter and such other requirements as may be deemed necessary. In all cases in which special approval uses are granted, the City shall require any evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being an will be complied with. Any conditions imposed shall remain unchanged. The City shall maintain a record of changes granted in the conditions.
(Ord. 127-2014. Passed 11-24-14.)

Appendix A Special Use Exceptions

Description of Premises	Permitted Uses	Duration
Part of Lots 2 and 3 in Gibson’s Subdivision of original Lot 2 in Section 23, Town 9 South, Range 8 East, in the City of Oregon, Lucas County, Ohio, having a frontage on Bay Shore Road of 316.97 feet, and extending a distance of 291.41 feet along the south line of Lots 2 and 3.	Operation of an appliance sales and repair shop and facilities, with attached or included living quarters.	Unlimited
The north 294.09 feet of the south 761.98 feet of the west 468.15 feet of the northwest quarter of Section 35, Town 9 South, Range 8 East, in the City of Oregon, Lucas County, Ohio.	Operation of a shop and facilities for sale of plumbing supplies and repairs; operation of propane service, repair and distribution business.	Unlimited
Commencing at the southwest corner of the southeast quarter of Section 10, Town 10 South, Range 8 East, in the City of Oregon, Lucas County, Ohio; thence north on the west line of such quarter section, a distance of 80 rods; thence east on a line parallel with the south line of said section, a distance of 10 rods; thence south on a line parallel with the west line of such quarter section, a distance of 80 rods to the south line of such section; thence west along the south line of such section, a distance of 10 rods to place of beginning, containing five acres, more or less, subject to legal highways. ALSO, that part of the south 80 rods of the west 20 acres of the southeast quarter of Section 10, Town 10 South, Range 8 East, in the City of Oregon, Lucas County, Ohio, lying easterly of the west 10 rods thereof. Subject to legal highways.	Operation of a greenhouse, nursery and garden store.	Unlimited
The south 330 feet of the east 20 acres of the west 50 acres of the south half of the southwest quarter of Section 35, Town 9 South, Range 8 East, excepting the south 270 feet of the west 213 feet, and excepting the east 150 feet of the south 180 feet, in the City of Oregon, Lucas County, Ohio.	Operation of a meat market and meat processing facilities.	Unlimited
The south 660 feet of the east 10 rods of the west 14 rods of the east 10 acres of the south 45 acres of the southeast quarter of Section 31, Town 9 South, Range 9 East 9, in the City of Oregon, Lucas County, Ohio.	Operation of facilities for sales, repair and service of buses, and fabrication of parts incident to such business, on the south 330 feet only. North 330 feet-storage of new and used buses, trailers and automotive equipment.	Unlimited
The east 314 feet of the south 37.67 feet of the east 7 acres of the north 8 acres of the East quarter of the southeast quarter, and the east 314.6 feet of the north 141.38 feet of the north 6 acres of the south 12 acres of the East half of the northeast quarter of the southeast quarter of Section 3, Town 10 South, Range 8 East, in the City of Oregon, Lucas County, Ohio.	Operation of a tavern, night club and restaurant.	Unlimited
Lots numbered 602, 603 and 604 in South Shore Park, an addition in the City of Oregon, Lucas County, Ohio.	Operation of a tavern, night club and restaurant.	Unlimited
The west one acre of the East two acres of the north 496.89 feet of the west quarter of the northwest quarter of Section 12, Town 10 South, Range 8 East, in the City of Oregon, Lucas County, Ohio.	Operation of an automobile repair, body and painting shop.	Unlimited
The southerly 600 feet of the easterly 200 feet of the south 17.88 acres of the west 32.88 acres, of the southeast quarter of Section 12, Town 10 South, Range 8 East, in the City of Oregon, Lucas County, Ohio.	Operation of lumber yard and building materials and sales yard and facilities, not including the sale of rock, sand, gravel and like materials in bulk.	Unlimited

Description of Premises	Permitted Uses	Duration
Lot number 131 and vacated alley adjacent thereto in Brand’s Addition in the City of Oregon, Lucas County, Ohio.	Operation of auto repair and service business and facilities	Unlimited
The south half of Lot number 4 in Section 27, Town 9 South, Range 8 East, in the City of Oregon, Lucas County, Ohio, excepting that part thereof lying west of the Creek Road so called; also that part of the southeast quarter of Section 28, Town 9 South, Range 8 East, in the City of Oregon, Lucas County, Ohio, being a part of Lot number 1 as numbered in the government survey, which lies south easterly of the Creek Road so called, except the southerly 294 feet thereof. ALSO that part of the southeast quarter of the southwest quarter of Section 27, Town 9 South, Range 8 West, in the City of Oregon, Lucas County, Ohio, which lies westerly of a straight line extending from the northwest corner of such southeast quarter of such southwest quarter of such Section 27 to a point in the south line of such section, which is 3.25 feet westerly of the south line of such section, from the southwest corner of such southeast quarter of such southwest quarter of such section, and which lies south of the north line of the south half of Lot number 4 in the southwest quarter of the southwest quarter of such Section 27, extending easterly on the straight line hereinbefore indicated.	Maintenance and operation of facilities for dumping, storing and disposal of refuse, waste material and wastes of all kinds, and for sanitary land fill or incineration operations in connection therewith, subject to applicable health and sanitary regulations.	Unlimited
(Ord. 219-1973. Passed 7-9-73.)
Parcel No. 44-33141, except the east 150 feet of the north 225 feet plus or minus.	Operation of public garage and travel trailer repair, service and storage business.	Unlimited
(Ord. 17-1974. Passed 1-28-74.)
An irregular parcel located west of Otter Creek Road, north to York Street and south of Millard Avenue, Section 28, Town 9 South, Range 8 East, in the City of Oregon, Lucas County, Ohio being 544.07 feet on the south line of Millard Avenue, 900.37 feet on the west line of Otter Creek Road and containing 10.01 acres. Known as Parcel No. 44-6997.	Operation of sanitary landfill.	Unlimited
(Ord. 28-1974. Passed 2-8-74.)
Parcel No. 44-24434 and the north 460 feet of Parcel No. 44-23724, located in Section 9,Town 10, Range 8 in Oregon, Lucas County, Ohio. Property is located at 2960 Pickle Road, bordered on the west by I-280.	Erection and operation of a Y.M.C.A. Complex.	Unlimited
(Ord. 138-1974. Passed 7-22-74.)
Parcel No. 44-3907: A parcel of land, the east 12 acres of the north 32 acres of the west half of the southwest quarter of Section 25, Town 9 South, Range 8 East, in the City of Oregon, Lucas County, Ohio.	Erection of radio tower and building.	Unlimited
(Ord. 99-1975. Passed 7-7-75.)
Parcel No. 44-3841: A parcel of land in that part of the north 24 acres of the south 48 acres of the west half of the southwest quarter of Section 25, Town 9 South, Range 8 east in the City of Oregon, Lucas County, Ohio, that lies north of the south line of such north 24 acres and south of the south line of the premises appropriated by the City of Toledo for water works. The parcel contains 14 plus acres, and is located at 940 North Wynn Road.	Erection and operation of a plant for the manufacture of emulsified asphalt.	Unlimited
(Ord. 221-1975. Passed 10-27-75.)
That part of Lot #4 in Renjard Cheno Tract lying west of Otter Creek Road, and all of that part of Parcel No. 44-6814, lying in Lot #1 of Renjard Cheno Tract, east of Otter Creek.	Sanitary landfill purposes.	Unlimited.
(Ord. 149-1977. Passed 8-8-77.)

Description of Premises	Permitted Uses	Duration
Parcel No. 44-30394: The south 500 feet of the north 1320 feet as measured on the east line of the west 30 acres of east 70 acres, except the west 8 rods of the north 15 rods of the east half located in Section 12, Town 10, Range 8 in the City of Oregon, Lucas County, Ohio.	Maintenance and repair of fishnets.	Six years
(Ord. 173-1977. Passed 9-12-77.)
Parcel No. 44-23697: The south 795 feet, plus or minus, of Parcel No. 44-23697 to be joined to the existing special use permit on Parcel No. 44-24434 in Section 9, Town 10 South, Range 8 East in the City of Oregon, Lucas County, Ohio.	Modification of an existing special use permit for the Eastern Y.M.C.A.	Unlimited
(Ord. 211-1977. Passed 11-14-77.)
Parcel No. 44-45125: The west 210 feet of the east 439 feet plus or minus of that part north of the Aubry Ditch in Section 7, Town 10, Range 9 in the City of Oregon, Lucas County, Ohio.	Operation of sheet metal business.	Unlimited
(Ord. 2-1979. Passed 1-8-79.)
Parcel No. 44-54901: Lot 58, 59, the north 6.2 feet of Lot 60 and half vacated alley adjacent to vacated SP 4405-1 located in Brand’s Addition, a subdivision in Section 8, Town 10, Range 8, in the City of Oregon, Lucas County, Ohio.	Restoration of an existing 97 year old school building to be operated as a museum by Oregon - Jerusalem Historical Society.	Unlimited
(Ord. 28-1979. Passed 3-26-79.)
Parcel No. 44-70891 and Parcel No. 44-70974: Lots 610 and 635 in South Shore Park, a subdivision in Section 19, Town 9, Range 9 in the City of Oregon, Lucas County, Ohio.	Parking lot for M & J Tavern	Unlimited
(Ord. 109-1979. Passed 9-13-79.)
Parcel No. 44-20781: The west 7 acres of the south 17 acres of the east 50 acres except the railroad and except the west 139.22 feet of the south 213 feet SP 4114 in Section 4, Town 10, Range 8 in the City of Oregon, Lucas County, Ohio.	Operation of a preschool center at Echo Meadows Church of Christ.	Unlimited
(Ord. 121-1979. Passed 10-10-79.)
A parcel of land located in part of the southeast quarter of Section 27, Town 9, Range 8 east, City of Oregon, Lucas County, Ohio.	Operator of a sanitary landfill.	Unlimited
(Ord. 52-1980. Passed 5-12-80.)
Parcel No. 44-39047: The east 10 rods of the west 14 rods of the east 10 acres of the south 45 acres of the west 90 acres containing 5.0 plus or minus acres located in Range 9, Town 9, Section 31, Oregon, Ohio. The property is located at 6401 Seaman Road.	Operation facilities for sales, repair and storage of automobile equipment, trucks and buses.	Unlimited
(Ord. 142-1980. Passed 10-13-80.)
Parcel No. 44-29108: The easterly 5 acres of the west two-thirds of the north three eighths of the west half of the northeast quarter of Section 12, Town 10 south, Range 8 East, in the City of Oregon, Lucas County, Ohio. The property is located at 5508 Navarre Avenue.	Continuation of residence in a commercial district.	Unlimited
(Ord. 51-1981. Passed 4-13-81.)

Description of Premises	Permitted Uses	Duration
Parcel No. 44-06071: The west 215 feet of the east 1,535 feet of the south 1/2 except the north 342.24 feet on the west line by 377.11 feet in Section 27, Town 9, Range 8 in the City of Oregon, Ohio. Parcel No. 44-6027: The west 440 feet of the east 1,320 feet of the south 1/2 except the east 80 feet of the south 1,010 feet and except the north 376.55 feet on the west line by the north 396.62 feet on the east line in Section 27, Town 9, Range 8 in the City of Oregon, Ohio. The property is located at 3049-4041 York Street.	Construction of radio tower and building.	Unlimited
(Ord. 104-1981. Passed 8-10-81.)
Parcel Nos. 44-11484, 44-11501 and 44-11851: The west 50 acres of the east 60 acres, north half and that part west 30 acres, south half, north of the railroad in 8-9-35. The property is located at 4460 Corduroy Road and 4331 Seaman Road.	Construction of television tower and building	Unlimited
(Ord. 17-1983. Passed 3-14-83; Ord. 27-1984. Passed 2-13-84.)
North half of Lot 61, and Lots 62 and 63 entirely, in Baumie Beach, Section 19, Town 9, Range 9.	Parking area	Unlimited
(Ord. 69-1983. Passed 8-8-83.)
Parcel 44-19217: The east 28 rods of the north 20 acres, the west half of the northwest quarter of Sec. 3, Range 8 east, Town 10 south. The property is located at 3540 Seaman Road.	Preschool day care center	Unlimited
(Ord. 56-81. Passed 5-11-81.)
Parcel 44-21621: Lot 5 in Woodruff’s Subdivision of the west half of the southeast quarter of Sec. 5, Town 10 south, Range 8 east. The property is located at 645 Earlwood Ave.	Resident manager on site of self-storage facility in C-2 District	Unlimited
(Ord. 1-85. Passed 1-14-85.)
Parcel 44-45127: West 210 feet of the east 439 feet plus or minus, of that part north of Avery Ditch, Section 7, Town 10, Range 9. The property is located at 6514 Navarre Avenue.	Flower shop	5 years
(Ord. 104-1995. Passed 6-26-95.)
Parcel 44-82001, Lot 1, Gladland Subdivision I (525 S. Wheeling St.).	Bed and breakfast establishment	Unlimited
(Ord. 218-1996. Passed 11-25-96.)
Parcel 44-39041, west 10 rods of east 10 acres of south 45 acres of west 90 acres, SE 1/4 of Section 9, Town 9 South, Range 10 East (6355 Seaman Rd.).	Facility for automotive equipment, trucks and buses sales, repair and storage in R-1 District	Unlimited
(Ord. 42-1997. Passed 3-3-97.)
Combined Parcels 44-19241, 44-19244, 44-19251, 44-19257 and 44-19264 (3540 Seaman Rd.).	Day care, educational, elder care facility in R-2 District	Unlimited
(Ord. 43-1997. Passed 3-3-97.)

Description of Premises	Permitted Uses	Duration
Parcels 44-37747 and 44-37807 (6118 Cedar Point Rd.) R. and J. Vail, agents for owner K. Berger, property owner.	Hippotherapy clinic, using horses in agricultural setting in A-1A Agricultural District.	Unlimited
(Ord. 213-1997. Passed 9-29-97.)
Portion of Parcel 44-18615 (4041 Navarre Ave.)	Car sales and leasing operation in R-2 Medium Density Residential District, with conditions.	Unlimited
(Ord. 126-2000. Passed 7-24-00.)
Parcel 44-23727 (3001 Brown Rd.)	Telecommunications tower in R-2 Medium Density Residential District, with conditions.	Unlimited
(Ord. 152-2000. Passed 9-25-00.)
Parcel 44-44924 (5835 Navarre Ave.)	Replace a telecommunications tower in R-1 Low Density Residential District, with conditions.	Unlimited
(Ord. 11-2001. Passed 1-22-01.)
Property at 6141 Corduroy Rd.	To house livestock in an R-1 Low Density Residential District: (a) May keep up to 4 horses, 4 steers and 25 chickens; and (b) Must maintain setbacks as stipulated in Section 1155.06	Unlimited
(Ord. 036-2004. Passed 3-22-04.)
Portion of Parcel 44-04365 (4703 Cedar Point Rd.): The south 25 acres of the south 50 acres of the west one-half of the northeast one-quarter of Section 26, Town 9 South, Range 8 East.	To construct a cellular tower for Nextel Communications in an M-2 General Industrial District which: (a) Must be in compliance with provisions of Chapter 714; and (b) The tower being capable of co-location, and (c) If at any point transmissions from the cellular tower interfere with public safety or service transmissions of the City or any other governmental agency, the applicant shall, at its expense, modify, alter, or remove any transmission equipment creating such interference upon request of the City, and (d) Provides 24-hour access for City services.	Unlimited
(Ord. 056-2004. Passed 4-26-04.)
Property at 401 S. Wheeling (Parcel 44-21227).	Expanding an existing gas station legal non-conforming use in a C-1 Neighborhood Commercial District.	Unlimited
(Ord. 088-2004. Passed 6-28-04.)
849 South Wynn Road	Operation of a business/photography studio in an R-1 Low Density Residential District	Unlimited
(Ord. 008-2005. Passed 1-24-05.)
6050 Navarre Ave. (Parcel 44-46235)	To convert existing accessory structure to commercial retail sales of wood products in A-1 Agricultural District	Unlimited
(Ord. 034-2005. Passed 3-14-05.)
1015 N. Stadium Rd. (Parcel 44-02691)	To operate a wood-working shop in A-1 Agricultural District	Unlimited
(Ord. 046-2005. Passed 4-25-05.)

Description of Premises	Permitted Uses	Duration
Property at 5120 Brown Rd.	Installation of wind generator in A-1 Agricultural District subject to following terms and conditions: 1. Establish "clear fall zone"(a radius around the generator structure, measured from the base of the structure, equal to 120% of the maximum height of the structure). No existing structure, property line, or structure intended for the turbine may exist or be placed within this radius. 2. Engineering data submitted demonstrating the sufficient setbacks necessary and composition of the rotors required to prevent damage from ice throw to adjoining properties. 3. Supporting structure shall be a monopole design, guide wires are prohibited. 4. Turbine and blades should be a neutral, non-reflective color so as not to affect the aesthetics of neighboring properties or create a nuisance. 5. The unit shall not exceed 60-dBA decibel level as measured at the closest neighboring property. 6. All electrical wiring shall be underground. 7. May be subject to review and approval by state and federal wildlife protection agencies. 8. Maximum overall height is limited to 100 feet from finish grade.	Unlimited
(Ord. 049-2008. Passed 3-24-08.)
2121 Woodville Rd.	Operation of contractor's yard in C-2 General Commercial District.	Unlimited
(Ord. 051-2008. Passed 3-24-08.)
5665 Seaman Rd.	Installation of wind generators in R-1 Low Density Residential District subject to following terms and conditions: 1. Establish "clear fall zone"( a radius around the generator structure, measured from the base of the structure, equal to 120% of the maximum height of the structure). No existing structure, property line, or structure intended for the turbine may exist or be placed within this radius. 2. Engineering data submitted demonstrating the sufficient setbacks necessary and composition of the rotors required to prevent damage from ice throw to adjoining properties. 3. Supporting structure shall be a monopole design, guide wires are prohibited. 4. Turbine and blades should be a neutral, non-reflective color so as not to affect the aesthetics of neighboring properties or create a nuisance. 5. The unit shall not exceed 60-dBA decibel level as measured at the closest neighboring property. 6. All electrical wiring shall be underground. 7. May be subject to review and approval by state and federal wildlife protection agencies. 8. Maximum overall height is limited to 100 feet from finish grade. 9. A variance for height is received from the Board of Zoning Appeals (maximum height of any structure located in a R-1 district is 35 feet). 10. Installation shall be limited to a maximum of three units.	Unlimited
(Ord. 052-2008. Passed 3-24-08.)
846 South Wheeling	Operating day care in existing store front in C-4 Dustin Road Business Zoned Area: owner shall combine lots and arrive at a secured fenced play area to the south of the building.	Unlimited
(Ord. 73-2008. Passed 4-28-08.)
525 S. Coy Rd.	Operating child day care center in existing church property under a conditional use in R-2 Medium Density Residential District.	Unlimited
(Ord. 138-2008. Passed 8-25-08.)
2121 Woodville Rd.	Short-term outside auto storage in C-2 General Commercial District subject to following terms and conditions: 1. Screening is a necessity. 2. Prevent use of back-up alarms. 3. Clearing up of current tax liabilities on the property. 4. Council may, in its discretion, review the Special Use Exception on an annual basis to determine if the Special Use Exception shall remain in effect.	Unlimited
(Ord. 117-2009. Passed 8-24-09.)
4910 Wynnscape Dr.	Construct 300 ft. lattice communications tower in C-1 Commercial Industrial District.	Unlimited
(Ord. 120-2010. Passed 10-25-10.)
5515 Pickle Rd.	Stabling no more than 4 horses for personal use only.	Unlimited
(Ord. 121-2010. Passed 10-25-10.)
5665 Seaman Rd.	Construct 2 wind turbines in R-1 Low Density Residential District with the following conditions: 1. All engineering specifications are met in accordance with Ohio Department of Development, who reviews each project before issuing any state based incentives. 2. Maximum of 2 wind turbines may be constructed: each at 750kw. 3. All electrical wiring and transmission will be underground. 4. All towers will be tubular monopole design, with no guy wires. 5. All turbines shall have an automated shutdown mechanism for excessive wind speeds. 6. All turbines must be manufacturer rated to withstand wind speeds in excess of 100 mph. 7. Turbines that offer internal ascent ladders must have an external lock to prevent unauthorized access. 8. A setback off all property lines of at least 100% of the total turbine height. 9. Total height of the tower plus blades not to exceed 286 feet and 279 feet 10. Property owner assumes all responsibility for buildings and structures that lie in the fall zone of the turbines. 11.Sound levels will not exceed 60 db. at the property line.	Unlimited
(Ord. 136-2010. Passed 11-22-10.)
3604 Pickle Rd.	Construct 2 wind turbines in R-1 Low Density Residential District with the following conditions: 1. All engineering specifications are met in accordance with Ohio Department of Development, who reviews each project before issuing any state based incentives. 2. Maximum of 2 wind turbines may be constructed: 2 North Wind 100kw wind turbines. 3. All electrical wiring and transmission will be underground. 4. All towers will be tubular monopole design, with no guy wires. 5. All turbines shall have an automated shutdown mechanism for excessive wind speeds. 6. All turbines must be manufacturer rated to withstand wind speeds in excess of 100 mph. 7. Turbines that offer internal ascent ladders must have an external lock to prevent unauthorized access. 8. A setback off all property lines of at least 100% of the total turbine height. 9. Total height of tower plus blades not to exceed 48 meters (160 ft) for the 100kw systems. 10. Property owner assumes all responsibility for buildings and structures that lie in the fall zone of the turbines. (Nearly all small and mid-sized turbines are placed proximal to buildings for practical reasons of electrical loss in the lines). 11. Sound pressure levels will not exceed 60 db at the nearest property line.	Unlimited
(Ord. 150-2010. Passed 12-20-10.)

Description of Premises	Permitted Uses	Duration
2017 through 2069 Vega Lane	Construction of buildings for business purposes on an R-2 Medium Density Residential property with the following conditions:	Unlimited
	1. A 50-foot landscaping buffer between the residential and industrial use. 2. Building setback of 50 feet. 3. No outside processing of materials or outdoor storage shall be allowed on the area covered by the Special Use Permit. 4. A limitation of two outbuildings with a limitation of 10,000 square feet per building. 5. Limited to access only on Bay Shore Road.
(Ord. 001-2012. Passed 1-3-12.)
3856 Seaman Road	Stable horses in an R-2 Medium Density Residential Zone with the following conditions: 1. The number of horses to be stabled will be limited to five (5) horses. 2. Resident must meet all provision of Section 1155.06. 3. Resident must submit a plan for animal waste management.	Unlimited
(Ord. 046-2012. Passed 4-23-12.)
6338 Brown Road	To house livestock in an R-1 Low Density Residential District with the following conditions: 1. This is a Temporary Special Use Permit to add five (5) chickens, five (5) peacocks - ten (10) additional fowl total, and two miniature ponies for a period of one year, with the option to renew or make permanent the permit within 30 days of expiration of the permit. Renewal of this permit must go before the Planning Commission. *Council amended this section by removing the peacocks 2. All laws pertaining to water, food, and shelter for the animals must be followed. 3. Resident must supply a plan for animal waste management.	Unlimited
(Ord. 047-2012. Passed 4-23-12.)
951 North Curtice Road	Installation of a communication tower.	Unlimited
(Ord. 121-2012. Passed 11-26-12.)
3310 Dustin Road	Expanding an existing self-storage facility.	Unlimited
(Ord. 054-2013. Passed 4-22-13.)
3450 Seaman Road	To construct a nursing home facility.	Unlimited
(Ord. 105-2013. Passed 8-26-13.)
2260 Woodville Road	Outside storage of car dealership vehicles.	Unlimited
(Ord. 125-2013. Passed 11-25-13.)