Oregon City Zoning Code
TITLE FIVE
Additional Zoning Standards
CHAPTER 1150 Architectural Review Committee and Site Plan Review
1151.01 PURPOSE.
The principal objective of this Zoning Ordinance is to provide for the orderly use and placement 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 the district. Some activities, however, have characteristics which require specific conditions in order to ensure their own proper functioning or to avoid possible adverse effects to adjacent property. Even though they are encouraged a site plan must be submitted and approved.
All site plans shall be approved by the Director of Public Service, the Commissioner of Building and Zoning, Commissioner of Water and Wastewater Treatment, the Commissioner of Streets, and the Chief of the Fire Prevention Bureau as set forth in this chapter at such time that the use is approved or a building permit is issued for new construction or alteration.
(Ord. 269-2001. Passed 12-17-01.)
1151.02 PLAN REQUIRED.
Whenever a site plan is required by Council, the Planning Commission or the Board of Zoning Appeals under the provisions of this Zoning Ordinance, the following shall be submitted for review and approval.
(a) Basic Requirements.
(1) A formal letter of submittal shall accompany the site plan. The letter shall provide the name, address and phone number of any parties who should be informed of progress on the request, e. g., land owner, attorney, architect, engineer, developer, etc.
(2) All site plans shall have a title indicating the type of request being made, e. g., request for more than one main building on a parcel; zoning change.
(3) The site plan shall be accompanied by a complete legal description of the subject property.
(4) The site plan shall indicate the scale of the drawing and should use an engineer's scale.
(5) The site plan shall have a north arrow pointing either toward the top of the drawing or to the left side of the drawing, preferably toward the top.
(6) All regulations pertaining to setbacks from and screening along adjoining property shall apply. All regulations pertaining to setbacks along streets, between buildings and from drives and parking areas shall apply.
(7) Along with the application there shall be a submission of:
A. Nine blackline prints of the site plan; and
B. The original tracing, submitted at a size ranging from 8 ½ inches by 11 inches or larger.
(b) Specific Requirements.
(1) The site plan shall show the zoning classification, and proposed change, of the subject property and all abutting property.
(2) The site plan shall indicate the distance of existing and proposed structure(s) from right-of-way line of all adjacent thoroughfares and show front, side and rear yard distances to the structure(s).
(3) The site plans shall indicate the exact dimensions of the property in question, and show existing structure(s) with dimensions and proposed structure(s) with dimensions. The site plan shall indicate building removals and other alterations, if any, of existing property.
(4) The site plan shall indicate, by name, all adjacent thoroughfares. The site plan shall show both right-of-way and pavement width, measures from the center line of the right of way.
(5) The site plans shall indicate the locations, size (height) and material of all existing and proposed fencing on the subject property.
(6) The site plan shall indicate the location, dimensions and illuminating power of all existing and proposed lighting on the subject property.
(7) The site plan shall show the location, dimensions and illuminating characteristics, internal and/or external, of existing or proposed signs on the property.
(8) The site plan shall indicate the widths of existing or proposed landscaping, screening, sidewalks and setbacks.
(9) Site plans shall show any ditches, creeks or other natural features that may affect development of the property in question.
(10) The site plan shall indicate existing or proposed off-street parking, trash collection areas, driveways and recreational areas with complete dimensions.
(11) The site plan for a proposed drive-up establishment shall indicate where vehicles can stack and how many vehicles can stack at one time.
(12) A landscape plan indicating the location and species of plant materials, shall be submitted as part of the site plan.
(13) The plans shall include both existing and proposed spot elevations of a maximum spacing of a one hundred (100) foot grid. The site shall drain surface water to an approved watercourse or pipe enclosure as reviewed and approved by the Service Director. The site plans shall include all applicable stormwater best management practices and an Erosion Control Plan, all in accordance to Section 1177.06.
(14) The plan shall show the location of proposed and any existing curb cuts, radii on all curbs and streets, water lines and hydrant locations, and sewer line locations. Curb cuts shall be measured at the curb, and throat widths shall be indicated.
(15) A traffic and circulation plan shall show the location and design of all exits and entrances to the site, circulation drives, and parking areas showing the number of proposed parking spaces. If the off-street parking is physically joined with abutting property, then circulation between the properties shall be shown.
(16) The site shall provide adequate access from public thoroughfares and shall provide adequate interior circulation and access to buildings and parking areas. The design and location of access points, drives and parking shall be subject to review and approval by the Service Director Driveways and parking areas shall be hard surfaced and dustless.
(17) The elevation of any existing flood data shall be noted on all drawings for sites which fall within the affected area of a watercourse or shore line.
(18) Additional reasonable requirements concerning the protection of adjoining, activities and of setbacks, screening, lighting, signs, drives or circulation and of environmental protection measures may be set by the Planning Commission or Council.
(Ord. 164-1984. Passed 1-28-85; Ord. 175-1995. Passed 9-25-95; Ord. 014-2006. Passed 3- 13-06.)
1151.03 REVIEW GUIDELINES.
The following principles shall guide the exercise of site planning review by the City:
(a) The natural topographic and landscape features of the site shall be incorporated into the plan and the development.
(b) Buildings and open spaces should be in proportion and in scale with existing structures and spaces in the area within 300 feet of the development site.
(c) A site that has an appearance of being congested, over-built or cluttered can evolve into a blighting influence and therefore such should not be congested, over-built or cluttered.
(d) Open spaces should be linked together.
(e) Natural separation should be preserved or created on the site by careful planning of the streets and clustering of buildings using natural features and open spaces for separation. Existing vegetation removal should be kept to a minimum.
(f) Screening of intensive uses should be provided by utilizing landscaping, fences or walls to enclose internal areas.
(g) Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.
(h) In connection with the siting of mid-rise and high-rise buildings, the location should be oriented to maximize the privacy of the occupants of adjacent buildings.
(i) Short loop streets, cul-de-sacs and residential streets should be used for access to low density residential land uses in order to provide a safer living environment and a stronger sense of neighborhood identity.
(j) Street location and design shall conform to existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets. Grading next to intersections should be as flat as possible for traffic safety.
(k) Pedestrian circulation in non-residential areas should be arranged so that off- street parking areas are located within a convenient walking distance of the use being served. Handicapped parking should be located as near as possible to be accessible to the structure. Pedestrian and vehicular circulation should be separated as much as possible, through crosswalks designated by pavement marking, signalization or complete grade separation.
(l) Path and sidewalk street crossings should be located where there is a good sight distance along the road, preferably away from sharp bends or sudden changes in grade.
(m) Parking lots and garages should be located in such a way as to provide safe, convenient ingress and egress. Whenever possible there should be a sharing of curb cuts of more than one facility. Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break up the monotony of continuously paved areas.
(n) Drive through establishments such as restaurants and banks should be located to allow enough automobile waiting space for peak hour operation without interference with other parking lot circulation.
(Ord. 269-2001. Passed 12-17-01.)
1151.04 APPROVAL OF PLANS.
(a) Upon submission of the complete application for site plan review to the Zoning Inspector, it shall be reviewed pursuant to the guidelines and requirements of this chapter. No public notice or public hearing shall be required in conjunction with the review, the approval, approval with modifications or disapproval of the site plan.
(b) The Zoning Inspector shall act upon all site plans within 30 days after the receipt of the complete application from the applicant. The Zoning Inspector may approve, disapprove or approve with modifications the site plan as submitted. Within the said 30 day period, the Zoning Inspector may extend the said period for a period of time not to exceed an additional thirty days.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1152.01 PURPOSE.
The purpose of this chapter is to provide minimum standards involving the development of land to provide attractive views from roads and adjacent properties; to screen from view visually undesirable uses; to require screening between incompatible land uses and to protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, and headlight glare. Plant material suggested for use in the City of Oregon is identified in Appendix A-E of this Zoning Code.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1152.02 APPLICABILITY.
This chapter shall apply to new property development and any collective substantial expansion or modification of existing structures, except for individual single household dwellings and two household dwellings (duplexes) and parking lots of five (5) spaces or smaller. Substantial expansion or modification of the structure or parking of existing structures shall be defined based on the criteria established below:
When Existing Structure is.... | A Substantial Expansion is.... |
0-1000 Sq. Ft. 1,001 - 10,000 Sq. Ft. 10,001 - 25,000 Sq. Ft. 25,001 - 50,000 Sq. Ft. 50,0001 Sq. Ft. and larger | 50% or Greater 40% or Greater 30% or Greater 20% or Greater 10% or Greater |
(Ord. 269-2001. Passed 12-17-01.)
1152.03 APPROVAL.
Approval for landscaping and bufferyards shall be as follows:
(a) No site or development plan required under this Zoning Ordinance shall receive final approval unless a landscaping plan has been submitted and approved.
(b) No zoning certificate of compliance shall be issued unless such plan has been fully implemented on the site.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1152.04 BUFFERYARD MATERIALS AND STANDARDS.
New development shall provide bufferyards as provided in Section 1152.08. Existing vegetation shall be preserved in accordance to acceptable nursery industry procedures. The following items are suitable for screening use individually or in combination with each other provided they create a dense screen, subject to review and approval. Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the City.
(a) Walls and Fences. When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be of weatherproof materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooden or synthetic slat material shall not be permitted when used to satisfy bufferyard requirements.
(b) Plants. All plants are to be living and part of the acceptable plants list identified in the following section or are identified as acceptable plant material for hardiness in this USDA Agricultural Zone and as approved by the City. Plant materials used in conformance with the provision of this section shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers can be planted as bare root as well as balled and burlapped or containers. All trees shall be measured from the top of the root ball to the top of the tree mass.
(1) Deciduous trees. Deciduous trees shall have a minimum caliper of at least two (2) inches with a single central leader, for large and medium trees, conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this section must be used to create a dense buffer.
(2) Evergreen trees. Evergreen trees shall be a minimum of six feet (6') in height at the time of planting and shall be unsheared, full and branched to the ground. Evergreen plantings shall be designed to provide an effective, dense screen within four (4) years of planting. If such evergreen trees are required as part of the tree replacement program of the City, the minimum height of said evergreen trees shall be ten (10) feet.
(3) Shrubs and hedges. Shrubs and hedges shall be at least thirty-six inches (36") in height at the time of planting. All shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least six feet (6') within four (4) years after the date of the final approval of each planting. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.
(4) Grass or ground cover. Grass of the Fescue (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Lucas County. In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch and temporary seeding shall be used for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Grass shall be sown or placed in any area not landscaped or paved. Ground cover shall be planted in such a manner as to provide seventy-five percent (75%) complete coverage after two growing seasons.
(5) Earth mounds. Earth mounds may be used as physical barriers which block or screen a view. Differences in elevation between areas requiring screening do not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards:
A. The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed by the Planning Commission to ensure that proper erosion prevention and control practices have been utilized.
B. Berms and earth mounds shall be designed with physical variations in height and alignment throughout their length.
C. Landscape plant material installed on berms and earth mounds shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.
D. The landscape plan shall show sufficient detail, including a plan and profile of the berm or earth mound, soil types and construction techniques to demonstrate compliance with the above provisions.
E. Berms and earth mounds shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.
F. No part of any berm or earth mound which is elevated more than thirty inches (30") above natural grade shall be located within ten feet (10') of any right-of-way or property line.
G. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.
(c) Maintenance of Bufferyards and Landscaping. All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued property maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first, by plant material similar in size and type to that which was removed.
Violation of these installation and maintenance provisions shall be grounds for the Building Inspector to refuse a building occupancy permit, require replacement of the landscape material or institute legal proceedings to enforce the provisions of this section.
The owner or developer must show a proof of maintenance plan which indicates how the established bufferyards and landscaping will be maintained.
(d) Bufferyard Establishment. Once a bufferyard has been approved by the Planning Commission and established by the owner, it may not be used, disturbed or altered for any purpose.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1152.05 CONFLICTS IN REQUIREMENTS.
When an activity or land use falls under more than one of the categories listed in the matrix in Section 1152.08, the most stringent of the requirements shall be applied.
(Ord. 269-2001. Passed 12-17-01.)
1152.06 EASEMENTS AND SETBACKS.
Required landscaping may be placed wholly or partially in utility or other easements providing all requirements can be fulfilled and approval is granted by the holder of the easements. Trees placed under overhead utility wires must be from the approved list as supplied by the City.
In no case, however, shall landscaping and bufferyards be established so as to block the sight distance at street or drive intersections. Ground cover and trees with at least eight feet of limbless trunk shall be permitted within the sight distance triangle. In the case of a City street intersection, the sight triangle shall consist of the area between points thirty-five feet (35') from the right-of-way line along both intersecting streets.
(Ord. 269-2001. Passed 12-17-01.)
1152.07 LANDSCAPING FOR SERVICE STRUCTURES.
Service structures shall include but not be limited to loading docks, propane tanks, dumpsters, electrical transformers, utility vaults which extend above the ground, ground mounted utility equipment and electrical and other equipment or elements providing service to a building or a site. Structures may be grouped together. However, screening height shall be based upon the tallest of the structures.
(a) Location of Screening. A continuous planting of evergreen, fence or earth mound must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed ten (10) feet in height. Whenever a service structure is located next to a building wall, perimeter-landscaping material shall be of an average height sufficient to meet the height requirements set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.
(b) Curbs to Protect Screening Material. Whenever screening material is placed around any trash disposal unit or waste collection unit that is emptied or removed mechanically on a regular basis, a curb to contain the placement of the container shall be provided within the screening material. The curbing shall be at least one (1) foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.
(Ord. 269-2001. Passed 12-17-01.)
1152.08 BUFFERYARD REQUIREMENTS.
WHEN | IS PROPOSED TO ABUT... | A MINIMUM BUFFERYARD OF... | PLANT MATERIAL* |
Any commercial3 land use Any office land use | Any A-1, R-1, R-2, R-3, R-4, or R-5 zone or land use Any A-1, R-1, R-2, R-3, R-4, or R-5 zone or land use | 20' side and/or rear yard is required with... 15' side and/or rear yard is required with... | EITHER 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earth mound + 3' hedge (D)1 + 1 tree (A)1 @ 25'-35' O.C.2 OR A double row staggered planting of trees (C)1 15' O.C.2 |
Any industrial4 land use Any industrial land use | Any A-1, R-1, R-2, R-3, R-4 or R-5, zone or land uses Any C-1, C-2, C-3, C-4, or C-5 zone or land use | 50' side and/or rear yard is required with... 20' side and/or rear yard is required | Buildings and all accessory structures shall be naturally screened from view on adjacent properties EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earth mound + 3' hedge (D)1 + 1 tree (A)1 @ 25'-35' O.C.2 OR A double row, staggered planting of trees (C)1 15' O.C.2 |
*Plant materials suggested for use in this table (A-E) is located in Appendix A-E of this Zoning Code.
Any multi-family land6 use | Any A-1, R-1, R-2, R-3, R-4, or R-5, zone or land uses | 15' side and/or rear yard is required with... | EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earth mound + a 3' hedge (E)1 OR a double row, staggered planting of trees (C)1 15' O.C.2 |
Any institutional5 land use | Any A-1, R-1, R-2, R-3, R-4, or R-5 zone or land use | 10' side and/or rear yard is required with... | EITHER: A staggered double row of evergreens and trees (B and C)1 @ 15' O.C.2 + single row 6' hedge (E)1 OR a 6' wall or fence + 1 tree (A)1 @ 25'-35' O.C.2 |
Any commercial zone or business zone or land use | The public right-of- way, public or private street | 10% of total pervious front yard area must be landscaped with... | Trees, shrubs, planting beds, and/or perennials in a motif designed by the owner. This is in addition to other required landscaping |
A parking area associated with any zone or land use except single- household residences | Any public or private street R.O.W. Any adjacent property line | 10' perimeter screening easement with... 6' perimeter screening easement with... | EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 (1 tree minimum) OR 1 tree (B)1 @ 20'-30' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 (1 tree minimum) |
1 (A, B, C, D or E) means plantings from the list(s) in parentheses located in Appendix A-E.
2 O.C. means ‘on-center’ unless otherwise noted.
3 Commercial means any activity or business involving the sale of goods or services carried out for profit.
4 Industrial means any activity or business involving the mechanical or chemical transformation into new products, including the assembling of component parts.
5 Institutional means any non-profit, religious or public use such as a church, public or private school, hospital or government owned operated building.
6 Duplex and single household residences are both permitted in the R-3, R-4 and R-5 zone district. No landscaping is required between these uses when both exist side by side within the R-3, R-4 and R-5 zone district.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1152.09 MODIFICATIONS.
The Design Review Committee as provided in Section 1343.02(b)(1) may approve modifications to the landscaping and bufferyard requirements. The Committee shall base its decision on all of the following criteria:
(a) The specific conditions that are unique to the applicant’s land.
(b) The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.
(c) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter.
(d) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
(e) A demonstration that the applicant has provided for a buffer that achieves the spirit of this chapter.
The Design Review Committee may also approve the use of existing trees within the proposed bufferyard area if the tree is not included on the plant lists as established by the City, if native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.
(Ord. 069-2017. Passed 5-22-17.)
(Ord. 069-2017. Passed 5-22-17.)
PLANT LISTS
APPENDIX A SHADE TREES
These trees are hardy in zones 5 - 6, are deciduous and reach a mature height as indicated by the following: Large - 60', Medium - 40', Small - 20'. Other shade trees which are native and hardy to zone 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map may also be used within the landscaped or bufferyard area.
LARGE TREES
Common Plant Names European Beech Norway Maple Plant Botanical Name Fagus sylvatica Acer platanoides Specie Cultivars Columnaire Crimson King Summershade Common Plant Names Ginkgo Pin Oak Plant Botanical Name Ginkgo biloba (male only) Quercus Palustris Specie Cultivars Autumn Gold Sovereign Fastigiata Crown Rite Sentry Common Plant Names Green Ash Red Maple Plant Botanical Name Fraxinus pennsylvanica lanceolata Acer rubrum Specie Cultivars Marshall Seedless Autumn Flame October Glory Red Sunset Common Plant Names Scarlet Oak Red Oak Plant Botanical Name Quercus coccinea Quercus rubra Specie Cultivars Common Plant Names London Plane Tree Tulip Poplar Plant Botanical Name Plantanus x acerifolia Liriodendron tulipifera Specie Cultivars Common Plant Names Sugar Maple Sweetgum Plant Botanical Name Acer saccharum Liquidambar styraciflua Specie Cultivars Common Plant Names Willow Oak Elm Plant Botanical Name Quercus phellos Ulmus parvifolia Specie Cultivars Lace Bark Elm Common Plant Names Shumardi Oak Shingle Oak Plant Botanical Name Quercus shumardii Quercus imbricaria Specie Cultivars |
MEDIUM TREES
Common Plant Names Japanese Pagoda Tree Littleleaf Linden Plant Botanical Name Sophora japonica Tilia cordata Specie Cultivars Regent Chancellor Greenspire June Bride Common Plant Names Thornless Honey Locust Japanese Zelkova Plant Botanical Name Gleditsia triacanthos Zelkova serrata Specie Cultivars Common Plant Names Moraine Yellowwood Plant Botanical Name Shademaster Cladrastis lutea Specie Cultivars Skyline Imperial Common Plant Names Amur Cork River Burch Plant Botanical Name Phellondendron amurense Betulanigra Specie Cultivars Common Plant Names Katsura Tree Hess Ash Plant Botanical Name Cercidiphyllum japonicum Fraxinus excelsior Specie Cultivars |
SMALL TREES
Common Plant Names Sourwood Hedge Maple Plant Botanical Name Oxydendron arboreum Acer campestre Specie Cultivars Queen Elizabeth Common Plant Names Amur Maple Paperbark Maple Plant Botanical Name Acer ginnala Acer griseum Specie Cultivars Flame Common Plant Names European Hornbeam Hornbeam Plant Botanical Name Carpinus betulus Ostrya virginiana Specie Cultivars Upright |
APPENDIX B
FLOWERING TREES
These trees are hardy in zones 5 - 6, are deciduous and reach a mature height not exceeding 30 feet.
Common Plant Names Crabapple Downy Serviceberry Plant Botanical Name Malus varieties Amelanchier Canadensis Specie Cultivars Bob White Sargeant Snowdrift White Angel Common Plant Names Eastern Redbud Allegheny Serviceberry Plant Botanical Name Cercis canadensis Amelanchier laevis Specie Cultivars Flame Robin Hill Forest Pansey Royal Common Plant Names Dogwood Sweetbay Magnolia Plant Botanical Name Magnolia virginiana Specie Cultivars Cornus florida Cornus kousa Cornus mas Common Plant Names Golden Raintree Lilac Plant Botanical Name Koelreutaria paniculata Syringa reticulata Specie Cultivars Japanese Silk Lilac Ivory Silk Lilac Common Plant Names Green Hawthorne Witch Hazel Plant Botanical Name Crataegus virdis Hamamelis virginiana Specie Cultivars Winter King Common Plant Names Sargent Cherry Flowering Ash Plant Botanical Name Prunis sargentii Fraxinus ornus Specie Cultivars Columnaris Kwanzan Common Plant Names Saucer Magnolia Plant Botanical Name Magnolia soulangiana Specie Cultivars Common Plant Names Star Magnolia Plant Botanical Name Magnolis stellata Specie Cultivars |
APPENDIX C
EVERGREEN TREES
These trees that are hardy in zones 5 - 6, are evergreen, can reach a mature height over 30 feet and if not limbed-up, can create a screen from the ground level up.
Common Plant Names American Holly Plant Botanical Name Ilex opaca Specie Cultivars Xanthocarpa Common Plant Names Austrian Pine Plant Botanical Name Pinus nigra Specie Cultivars Common Plant Names Canadian Hemlock Plant Botanical Name Tsuga canadensis Specie Cultivars Common Plant Names Carolina Hemlock Plant Botanical Name Tsuga caroliniana Specie Cultivars Common Plant Names Eastern Red Cedar Plant Botanical Name Juniperus virginiana Specie Cultivars Common Plant Names Colorado Blue Spruce Plant Botanical Name Picea pungens Specie Cultivars Glanca Common Plant Names Norway Spruce Plant Botanical Name Picea abies Specie Cultivars Common Plant Names Scotch Pine Plant Botanical Name Pinus sylvestris Specie Cultivars Common Plant Names Southern Magnolia Plant Botanical Name Magnolia grandiflora Specie Cultivars Common Plant Names White Fir Plant Botanical Name Abies concolor Specie Cultivars Common Plant Names White Pine Plant Botanical Name Pinus strobus Specie Cultivars |
APPENDIX D
DECIDUOUS SHRUBS
These perennial woody plants grow at least 3 feet in height, are tolerant in zones 5 - 6 and are deciduous.
Common Plant Names Burning Bush Plant Botanical Name Euonymus alatus Specie Cultivars Compactus Common Plant Names Doublefile Viburnum Plant Botanical Name Viburnum plicatum tomentosum Specie Cultivars Common Plant Names Forsythia Species Plant Botanical Name Specie Cultivars Common Plant Names Glossy Abelia Plant Botanical Name Abelia grandiflora Specie Cultivars Common Plant Names Quince Plant Botanical Name Chaenomeles speciosa Specie Cultivars Common Plant Names Shrub Cinquefoil Plant Botanical Name Potentilla fruticosa Specie Cultivars Common Plant Names Spirea Species Plant Botanical Name Specie Cultivars Common Plant Names Spreading Cotoneaster Plant Botanical Name Specie Cultivars Cotoneaster divaricata Common Plant Names Winterberry Barberry Plant Botanical Name Berberis julienne Specie Cultivars |
APPENDIX E
EVERGREEN SHRUBS
These perennial woody plants grow at least 3 feet in height, are tolerant in zones 5 - 6 and are evergreen.
Common Plant Names Anglojap Yew Plant Botanical Name Taxus x media Specie Cultivars Brownii Densiformis Hicksii Wardii Common Plant Names Blue Holly Plant Botanical Name Ilex x meserveae Specie Cultivars Blue Angel Blue Prince Blue Princess Common Plant Names Chinese Juniper Plant Botanical Name Juniperis chinensis Specie Cultivars Hetzil Keteleeri Mint Julip Robusia Green Common Plant Names Japanese Holly Plant Botanical Name Ilex crenata Specie Cultivars Microphylla Rotundifolia Common Plant Names Japanese Yew Plant Botanical Name Taxus cuspidata Specie Cultivars Capitata Intermedia Nana Common Plant Names Korean Boxwood Plant Botanical Name Buxus microphylla koreana Specie Cultivars Common Plant Names Leatherleaf Viburnum Plant Botanical Name Viburnum rhytidophyllum Specie Cultivars Common Plant Names Mugho Pine Plant Botanical Name Pinus mugho Specie Cultivars Common Plant Names Spreading Yew Plant Botanical Name Taxus x media Specie Cultivars |
1153.01 AREA EXCEPTIONS.
(a) Buildings and structures over twenty-five feet in height but not over thirty-five feet in height shall have side yards of at least eight feet. Buildings and structures over thirty- five feet but not over forty-five feet in height shall have side yards not less than twelve feet in width. For buildings and structures over forty-five feet in height, all side yards shall be increased one foot for each one foot of building height above forty-five feet. This exception shall apply to all “A” and “R” Districts. In all “C” and “M” Districts, a side yard shall be required only if the side of a lot or tract abuts an “A” or “R” District.
Buildings in A & R Districts | |
Where building height is: | Minimum Side Yard Setback is: |
>25 feet & <35 feet | 8 feet |
>35 feet & <45 feet | 12 feet |
>45 feet | Increase minimum 1 ft. for each foot over 45 ft. |
Buildings in C & M Districts | |
Where is side yard required? | Only when abutting an A or R district |
Where is rear yard required? | Only when abutting an A or R district |
(b) The height regulations of this Zoning Ordinance shall not apply to television and radio towers, public service distribution facilities, church spires, belfries, monuments, tanks, water and fire towers, stage towers, outdoor theater screens, scenery lots, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, industrial structures other than buildings, conveyors and flagpoles, except where such structures will constitute a hazard to the safe landing and take-off of military, public, commercial and private aircraft at an established airport.
(c) In all “C” and “M” Districts, a rear yard shall be required only upon that portion of a lot or tract abutting an “A” or “R” District.
(d) No building or structure shall be erected or structurally altered to be nearer than 100 feet from the center of the right of way of a major street. Major streets shall include the following:
Bayshore (west of Stadium) Norden Brown Oakdale Cedar Point Otter Creek Road Corduroy Pickle Coy Seaman Drouillard Stadium Dustin (west of Coy) Starr Issac Streets Drive Wheeling Lallendorf Woodville Millard Wynn Navarre York |
(e) A lot having frontage on more than one street shall conform to the front yard requirements on each street, except that on lots of record on the effective date of Ordinance 219-1973, passed July 9, 1973, one yard may be reduced to five feet less than the average established front yard for the street in question.
(f) Except as provided in subsection (d) hereof, in “A” and “R” Districts when forty percent (40%) or more of the frontage on the same side of a street between two intersecting streets or for a distance of 660 feet in each direction, whichever is the lesser, is developed with buildings that have a front yard greater or lesser in depth than otherwise required by this Ordinance, new buildings shall be erected no closer to the street that the average front yard so established.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1153.02 PRIMARY STRUCTURE AND IMPERVIOUS SURFACES.
A lot within a district shall be occupied only by one primary structure unless waived by specific provisions of a district. Also allowed are uses by right as in Section 1121.02. This limitation shall not apply to farmsteads.
Impervious surface ratio averages are established in each zoning district and as follows:
Impervious Surface Ratio Averages | |
Residential (Single Family)R-1/R-LD | .35 (suburban) |
Residential (Single Family) R-2/R-MD | .65 (urban) |
Residential (Multi-Family) R-3, R-4, R-5 | .55 |
Office | .65 |
Commercial | .85 |
Industrial | .85 |
(Ord. 269-2001. Passed 12-17-01.)
1153.03 BUILDING PROJECTIONS.
(a) Every part of a required yard shall be open to the sky, unobstructed by a building except for accessory buildings in a rear yard and except as follows:
(1) A car port over a driveway may be extended into a side yard provided such structure is not more than one story in height and twenty-six feet in depth and entirely open on at least three sides, except for the necessary supporting columns and customary architectural features and provided that every part of the structure is at least five feet from the lot line.
(2) Cornices, eaves, belt courses, sills or other similar architectural features, not including bay windows or vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard and the same including bay windows and vertical projections may extend or project into a required front or rear yard not more than three feet.
(3) Chimneys may project into a required front, rear or side yard not more than thirty inches provided such yard is not reduced thereby to less than four feet.
(4) Open or lattice-enclosed fire escapes may extend or project only into a rear required yard not more than four feet in an “A” or “R” District.
(b) Open, enclosed terraces, step, uncovered porches and ornamental features which do not extend more than three feet above the ground and railings not more than five feet above the ground, may project ten feet into a required front yard, side yard or rear yard provided that these projections shall be at least two feet from any lot line.
(c) A porch or balcony open on three sides, except for railing, and covered by a roof, canopy or metal awning may project into a required front yard, not more than six feet, and into a required rear yard not more than ten feet. A porch which is screened or has jalousies shall be considered an enclosed porch.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1153.04 TRAFFIC VISIBILITY.
In all zoning districts, intersections of two or more streets or ways shall maintain a clear vision zone within a triangular area twenty feet in length, measured along each abutting street’s right of way line, with the third side being a line connecting these two sides.
(a) A fence, structure, planting, or obstruction may have a maximum height of three feet above the abutting street pavement in a clear vision zone.
(b) Exceptions to height requirements in clear vision zones may be given at the discretion of the Public Service Director.
(Ord. 069-2020. Passed 8-24-20.)
1153.05 CONVERSION OF DWELLING TO MORE UNITS.
A residence may not be converted, structurally altered, to accommodate an increased number of dwelling units unless:
(a) The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
(b) The lot area per family equals the lot area requirement for new structures in that district;
(c) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district;
(d) The conversion is in compliance with all other relevant codes and ordinances.
(Ord. 269-2001. Passed 12-17-01.)
1153.06 LIGHTING.
All exterior-illuminating lighting must be arranged or shielded as to avoid excessive glare reflecting onto any portion of any adjacent street or into the part of oncoming vehicles or onto any adjacent parcel in any district.
(a) For the purpose of this section, lighting shall constitute a nuisance if it exceeds 0.5 foot-candles measured at the nearest point of the lot line.
(Ord. 069-2020. Passed 8-24-20.)
1153.07 DISTANCES FOR SPACING REQUIREMENTS.
Unless otherwise specified, separation distances between a proposed use and an existing use or district are measured from property line to property line by the shortest distance in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a use is conducted. For leased space in multi-tenant properties, the measurement shall be from the outer boundaries of the leased space (projected to ground level, if applicable); for leased space in single-tenant properties, the measurements shall be from the property lines.
(Ord. 104-2024. Passed 6-24-24.)
1155.01 ACCESSORY BUILDINGS.
(a) An accessory building in any “R” District or any “A” District used as a dwelling shall be located in the rear yard, shall not exceed twenty feet in mean height, and may not occupy more than thirty percent (30%) of the area of the rear yard, measured from the rear property line to the main structure. For the purpose of measuring the rear yard, the main structure shall not include porches, decks, or projections.
Note: Refer to Section 1103.13 for the purpose of measuring accessory building height.
(b) On a corner lot, the rear of which abuts the side of an adjoining lot, no accessory building shall be placed closer than three (3) feet to the side lot line of any adjoining lot in any “A” or “R” District.
(c) Accessory structures shall be placed no closer than three (3) feet from the main structure or from any lot line and no projections, such as overhangs, be closer than two (2) feet from the main structure or from any lot line. Accessory structures that are open on all sides such as cabanas, pergolas, pavilions, and gazebos are exempt from this setback from the main structure. For the purpose of this exemption, removable screens are considered open.
(d) Accessory buildings shall be located on the same lot as the main use or structure. Note: intent of section is to allow the construction of the accessory building on lot when the main building is actively under construction, therefore, the main building must be under roof before permits for any accessory use or structure can be issued.
(e) An enclosed detached accessory structure such as a shed or a garage shall be fire-rated with a minimum of one-half (½) inch drywall or equivalent on all wall areas within five feet of a main structure. (Ord. 083-2024. Passed 5-13-24.)
1155.02 FENCES.
Subject to the provisions of subsections (a) through (d) hereof:
(a) Prohibited. The use of barbed wire, razor wire, concertina wire, embedded glass shards, ultra barrier, electrified and other hazardous fencing is prohibited in all zoning classifications, except the C-I, M1, and M2 Districts, and then only in the side and rear yards when not within one hundred (100) feet of any residential district, not in the front yard setback, and not anywhere along a street right-of-way. Electrified fences shall be marked with conspicuous warning signs that are located on the charged fence at not more than forty (40) foot intervals and shall read: "WARNING--ELECTRIC FENCE." Farm animal containment fences in A-1 Agriculture Districts not used as a dwelling and electronic underground pet containment fences in all zoning districts are exempt from this section.
(b) Height.
(1) No fence higher than four (4) feet shall be erected within the required front yard.
(2) In "R" Districts and A-1 Districts used as a dwelling, fences may be placed on the property line and shall not exceed six feet in height. The six (6) foot fence requirement shall not apply to any fence in front of the front building line.
(3) As provided for in Section 1153.04, a clear vision zone, whereas a fence, structure, planting, or obstruction may have a maximum height of three (3) feet above the abutting street pavement, shall be maintained within a triangular area twenty (20) feet in length, measured along each abutting street's right of way line, with the third side being a line connecting these two (2) sides.
(4) In C-I, Ml, M2, and AMD Districts, any wall or fence to the side or rear of the principal building and behind the front setback line shall not exceed eight (8) feet in height. Any wall or fence that extends into the minimum front building setback shall not exceed four (4) feet in height.
(c) Materials.
(1) Walls and fences shall be constructed of high-quality materials, such as tinted, textured blocks; brick; stone; or ornamental metal; and shall complement the design of an overall development and its surroundings.
(2) Chain link may be used in "R" Districts and A-1 Districts used as a dwelling. Chain link may be used in C-I, Ml, and M2 Districts.
(3) Vinyl fencing may only be used in "R" Districts and A-1 Districts used as a dwelling.
(4) Wood fencing may be used in "R" Districts and A-1 Districts used as a dwelling. Wood fencing is not allowed in Commercial "C" or C-I, Ml, M2, and AMD Districts, except wood may be used in conjunction with metal frames for gates used in required screening walls.
(d) Private Swimming Pool Fence Barrier. All private swimming pool fencing to comply with Section 1155.04 of this code.
(Ord. 101-2024. Passed 6-24-24.)
1155.03 BOATS, RECREATIONAL VEHICLES AND UTILITY EQUIPMENT.
Any owner of recreational and utility equipment may park or store such equipment in a residential district subject to the following conditions:
(a) Recreational and utility equipment parked or stored shall be owned by the occupant of the residence, shall not have fixed connections to electricity, water, gas, or sanitary sewer facilities and at no time shall this equipment be used for living or housekeeping purposes.
(b) All recreational and utility equipment must be kept in good repair.
(Ord. 164-1984. Passed 1-28-85.)
1155.04 PRIVATE SWIMMING POOL.
(a) For the purpose of this section, a private swimming pool includes any artificial or man-made excavation, device, enclosure, grading or structure not located completely within an enclosed building containing or normally capable of containing water at a depth at any point greater than twenty-four (24) inches including but not limited to pools, ponds, lakes, open tanks, basins, tubs, or reservoirs.
(b) Private swimming pools are permitted in residential and in the A-1 Agricultural Districts used as a dwelling on the following conditions:
(1) The private swimming pool is an accessory use, incidental to a residential use and is to be used solely for the enjoyment of the occupants thereof and their non-business invitees. A permit from the Inspection Department is required prior to construction of a private swimming pool. A diagram reflecting the fences or alternatives shall be submitted with the application for such permit.
(2) Setbacks:
A. The edge of the water on a private swimming pool shall not be located closer than five (5) feet to any property line of the property on which it is located, must be located in the rear yard, and may not occupy more than thirty percent (30%) of the area of the rear yard, measured from the rear property line to the main structure.
B. Private swimming pools with areas in excess of 800 square feet shall have a side yard setback of not less than ten percent (10%) of the width of such lot, with the maximum setback of fifty (50) feet.
(3) The water’s edge of a private swimming pool which does not have a plaster, concrete or similar containment structure to prevent groundwater from entering the water of the private swimming pool shall not be closer than 100 feet to any septic system, well or leach field.
(4) The area surrounding a private swimming pool shall be graded not to exceed four (4) feet in height on the front or on the side view so that it will not obstruct the view of the adjacent property owner. Any mounding shall have a ten (10) foot setback as well as a ten (10) inch swale between the mound and the property line.
(5) Drainage:
A. A private swimming pool shall not adversely affect the drainage of an adjacent property.
B. Any live field tile that is in the area where private swimming pool construction occurs shall be realigned so that it functions as it did before construction started.
(6) Conformance with Lucas County Soil and Water Conservation District and United State Soil Conversation Service guidelines regarding side slopes, minimum surface area, depth and excavated soil piles, where applicable, is required.
(7) Setback:
A. The water’s edge of a private swimming pool which has less than 800 square feet of area shall not be closer than ten (10) feet from the main dwelling, except hot tubs and whirlpool bath type spas with a minimum side edge height of thirty-six (36) inches with a protective cover shall not be closer than five (5) feet from the main dwelling.
B. The water’s edge of a private swimming pool which has greater than 800 square feet of area shall not be closer than fifty (50) feet from the main dwelling.
(8) All private swimming pools which have plaster or similar containment structures and all other private swimming pools in any "R" District or any "A" District used as a dwelling, with the exception of ponds (detention, retention or recreational) with a maximum side slope ratio of 3 to 1 and hot tubs and whirlpool bath type spas with a side edge height of thirty-six (36) inches and an approved and labeled Safety Cover conforming to ASTM standard F1346-91, shall be fenced so as to prevent access from the street or adjacent properties. Such fence shall be a non-climbable permanent barrier, gates and doors shall be self-closing and self-latching, and not be less than four (4) feet in height and maintained in good condition. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (6) inches from the gatepost. Where the lock is operated by means of a key, an electronic opener, or the entry of a combination into an integral combination lock, the lock operation control and the latch release mechanism shall be located above the finished floor or ground surface in accordance with the following:
A. At public pools and/or spas, not less than thirty-eight (38) inches and not greater than forty-eight (48) inches.
B. At residential pools and/or spas, not less than fifty-four (54) inches.
C. At residential pools, where the only latch release mechanism of a self-latching device for a gate is located on the pool and/or spa side of the barrier, the release mechanism shall be located at a point that is at least three (3) inches below the top of the gate.
(9) Except as provided in subsection (b)(8) hereof, all private swimming pools shall be marked or fenced as follows:
A. A minimum of four (4) foot non-climbable permanent fence enclosing the private swimming pool; or
B. A four (4) foot permanent pool safety barrier consisting of compliant mesh fencing, upright posts and gates compliant with ASTM standard F2286-16;
C. No existing pool enclosure or fence shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
D. A post and life ring as set out in the Lucas County Soil and Water Conservation District guidelines for ponds or lakes;
E. Any combination of subsection (b)(9)A. and B. hereof.
F. Non-climbable pool enclosure or fence shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through, or under such barrier, constructed without foot or handholds or horizontal members on the exterior side that would make the pool enclosure or fence easy to climb. If the fence is chain-link, the maximum mesh size must not exceed one and one-fourth (1-1/4) inches. A larger mesh can be used if slats are inserted as long as it reduces the opening on either side of the slat to no more than one and three-fourths (1-3/4) inches.
(10) The selection and appropriateness of fencing or marking of private swimming pools in R-3, R-4 and R-5 Districts shall be subject to review and approval as part of the site plan review authorized in Chapter 1151.
(11) Required permits for all swimming pools and ponds, including Plumbing, HVAC, Electrical, Site Drainage, and permanent Fence, must be issued prior to installation of the pool or pond.
(Ord. 082-2024. Passed 5-13-24.)
1155.05 COMMUNITY OR CLUB POOLS.
A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club pools are permitted in all districts, but shall comply with the following conditions and requirements:
(a) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(b) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than thirty feet to a property line of the property on which located.
(c) The swimming pool and all of the area by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1155.06 STABLING OF HORSES.
Stabling of horses or ponies shall be permitted only in an A-1 District provided the structure to stable the horses or ponies is a minimum of fifty feet from all residential districts and that the horses and ponies are restricted to five feet from all property lines, but in no event shall a horse or pony be kept closer than fifty feet to any existing dwelling on an adjacent property.
(Ord. 164-1984. Passed 1-28-85.)
(Ord. 164-1984. Passed 1-28-85.)
1155.07 TENNIS COURTS.
A tennis court shall be allowed in any agricultural or residential district as an accessory use, and provided the following conditions and requirements are complied with:
(a) Submit a plot plan of court location to the Zoning Inspector, together with approval of any public utility companies affected by any right of way encroachments. A letter from the Lucas County Board of Health is also required, stating that any required septic leach field and replacement area is not encroached upon.
(b) Each tennis court area shall not exceed 7,200 square feet in area (60 feet by 120 feet).
(c) The tennis court is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(d) The tennis court may not be located, including any walks or paved areas, closer than ten feet to any property line of the property on which located.
(e) If a fence encloses such tennis court, the fence shall not exceed ten feet in height and shall be maintained in good condition and free of all advertising or other signs, excluding court rules and regulations. A fence behind the base line area shall be required if the edge of the pavement behind the base line is less than twenty feet from any property line. If any part of a fence is less than twenty feet from any property line, evergreen shrubs and/or trees a minimum of four feet high shall be maintained as a screen between that part of the fence and property line.
(f) The lighting arrangement for a tennis court shall not project into any adjacent property except that of the court area.
(g) The site plan shall indicate surface drainage flow directions. Overland flow to abutting properties shall not be permitted.
(Ord. 269-2001. Passed 12-17-01.)
1155.08 TENTS AND AIR-SUPPORTED STRUCTURES.
(a) A temporary tent or air-supported structure used for any purpose, shall obtain a Certificate of Zoning Compliance from the Zoning Inspector. Tents used exclusively for recreational camping purposes shall be exempt from the above requirements but must meet the requirements of subsection (h) below.
(b) The Certificate issued for district zones A, R, C and P under this section shall be valid for a period of fourteen (14) consecutive days and may be renewed once under the discretion of the Commissioner of Building and Zoning.
(c) The Certificate issued for district zones C-1, M, and AMD under this section shall be valid for a period of less than one hundred and eighty (180) consecutive days and may not be renewed.
(d) A Certificate of Zoning Compliance application and drawings shall be submitted a minimum of ten (10) business days prior to each installation and use with specifications indicating the location of the tent or air-supported structure on the site plan, dimensions from buildings, structures and other tents, and adequate details regarding the location of egress facilities and aisles, seating capacity and layout, construction and all mechanical and electrical equipment.
(e) The Zoning Inspector shall inspect each facility permitted under this section to determine compliance with the appropriate requirements of the Zoning Code a minimum of twenty-four (24) hours prior to scheduled use. The Fire Inspector shall inspect each facility permitted under this section to determine compliance with the appropriate requirements of the most current edition of the Ohio Fire Code adopted by the State of Ohio.
(f) Tents erected for a period of time of one hundred and eighty (180) calendar days or longer or supported on a building, balcony, deck or other structure for any period of time shall meet the requirements of most current edition of the Ohio Building Code adopted by the State of Ohio.
(g) Other than residential use, temporary structures that cover an area greater than 120 square feet (11.16 m2) including connecting areas and spaces with a common means of egress or entrance that are used or intended to be used for the gathering together of ten (10) or more persons, shall not be erected, operated, or maintained for any purpose without obtaining an approval from the building official.
(h) During the months of March through October, tents and other canvas or tarp covered temporary structures are permitted to exist on a lot of record, if erected by the owner or their agent, for a period of time not exceeding five (5) consecutive days in any ninety (90) calendar day period and may not be used for camping, sleeping, or storage of any kind including, but not limited to, storage of vehicles and recreational vehicles. Tents and membrane structures having an area greater than 400 square feet (37 m2) shall not be erected, operated, or maintained for any purpose without first obtaining a Certificate of Zoning Compliance from the Department of Building and Zoning and approval from the Fire Code Official.
Exceptions:
(1) Tents in all district zones used exclusively for recreational camping purposes on the owner's premises must be used for a period not to exceed three (3) consecutive days in any thirty (30) calendar day period and must have a primary structure on the parcel.
Temporary tent structures under twelve feet by twelve feet (12' x 12') and used solely as screened areas for outdoor dining or seating. (Ord. 091-2024. Passed 5-28-24.)
1155.09 SHORT-TERM RENTALS.
(a) No person shall operate or advertise a short-term rental in any district lots unless the following conditions are met:
(1) Definitions.
A. "Hosting Platform" means a person or entity that facilitates the booking of a short-term rental unit. "Facilitate" includes, but is not limited to, the act of allowing an operator to list or advertise, typically for a charge or fee, the short-term rental unit on an internet website, in a print publication, or through another forum provided or maintained by the hosting platform.
B. "Operator" means the person offering a short-term rental unit, whether as the owner, lessee, or otherwise.
C. "Person" means an individual, corporation, business trust, estate, trust, partnership, association or cooperative, or any other legal entity.
D. "Short-Term Rental Unit" means a dwelling unit, a portion of a dwelling unit, or any other structure that is intended for occupancy for dwelling, lodging or sleeping and which is offered for consideration for any period of up to thirty (30) consecutive calendar days and which is advertised on a hosting platform. Short-term rental units shall not include dwelling units facilities licensed by the state as health care facilities, hotels, inns, motels, bed and breakfasts properly approved by the City of Oregon or campgrounds; or dwelling units rented according to a written month-to-month lease.
E. "Short-Term Rental Accessory" means an accessory to a dwelling unit or any other structure that is intended for occupancy for lodging, sleeping, recreation, or assembly and which is offered for consideration for any period of up to thirty (30) consecutive calendar days and which is advertised on a hosting platform. Short-term rental swimming pools are not considered a "Private Residential Swimming Pool" as defined by the ORC Section 3749.01 and must meet the requirements of the Lucas Co. Health Department.
(2) Permit required. No person shall operate or advertise any short- term rental unit within the City of Oregon without first having procured an operating permit pursuant to this chapter.
(3) Application for short-term rental unit operating permit.
A. Short-term rental unit operators shall submit an application to the Building and Zoning Department and register with the Department of Taxation to operate any short-term rental unit. The application form shall be provided by the Building and Zoning Department. Applicants must show proof of residency within the City of Oregon.
B. Applications for short-term rental unit permits shall contain the following:
1. Operator information. The full legal name, mailing address, email address and telephone number of the operator.
2. Proof of Residency. The owner of the short-term rental property must live in the City of Oregon and provide proof of residency.
3. Compliance Certificate. Certificate of tax and public utility compliance or evidence of compliance with a payment plan;
4. Registry Compliance. Evidence of compliance with any applicable rental registry requirements;
5. Affidavit. Affidavit of Life Safety Compliance verifying the number, locations and operation of the life safety equipment required in Section 1155.10(d)(4) herein.
6. Insurance. Proof of general liability insurance in the amount of at least one million dollars ($1,000,000).
7. Local contact person. An individual who shall be available twenty-four (24) hours a day, seven (7) days a week to respond as necessary, within forty-five (45) minutes of notification of a complaint regarding the condition, operation or conduct of occupants of the short-term rental unit and taking remedial action as necessary to resolve an such complaints.
8. Floor Plan and Site Plan. A basic floor plan identifying the number of sleeping rooms for maximum occupancy and a site plan identifying the number and location of designated off-street parking spaces for the maximum number of vehicles allowed for overnight occupants. Parking is not permitted on unapproved parking surfaces or lawns.
9. Spacing Requirements. No short-term rental unit shall be established on a lot or lots within three-hundred (300) linear feet of street frontage of any other short-term rental unit. No two (2) short-term rental units shall be located in the same building or on the same lot.
C. Operators of one or more short-term rental units located within the City of Oregon shall comply with all requirements of this Oregon Municipal Code Section 1155.09 administered through the Department of Building and Zoning by January 1, 2025. Any short-term rental that can demonstrate that they were operating prior to the passage of this ordinance shall be exempt from the spacing requirement in subsection (3)B.9. of this Chapter.
(4) Permit Required. The operator of a short-term rental unit must obtain a permit for each unit. A permit must be on display in each short-term rental unit.
A. Permits issued under this section shall be valid for one year from the date of issue and may be renewed annually.
B. All applications shall be accompanied by an application fee of two hundred fifty dollars ($250.00).
(5) Required notification. Within forty-eight (48) hours of submitting the application for a short-term rental unit operating permit to the Building and Zoning Department, the operator shall send a neighborhood notice by first-class mail or hand delivery to all property owners whose property is adjacent to the property at which the short-term rental unit is proposed. The operators shall provide the Building and Zoning Department with the names and addresses to which notices were sent. For the purposes of this section, adjacent properties are those that abut the proposed short-term rental unit, those directly across the street or alley from the proposed short-term rental unit, and those that are diagonal across the street or alley from the proposed short-term rental unit.
(6) Denial of Permit Or Renewal of Permit. The Commissioner of Building and Zoning shall deny any application for a new registration, or deny renewal of registration, or revocation of an Operating Permit if any of the following are shown to have occurred at the short-term rental property:
A. The applicant makes a material misrepresentation of fact on the application.
B. The short-term rental Operator is not in good standing with the City of Oregon Income Tax Division;
C. The short-term rental has a documented history of repeated conduct that endangers neighborhood safety or of conditions interfering with the use and enjoyment of property within its vicinity; or of conduct in violation of Section 1155.09(a)(8).
D. Evidence of conduct under subsections (a) and (b) of this section need only be that of de facto violation of law; evidence of conviction is not a prerequisite for denial unless specifically indicated.
(7) Appeal. In the event the applicant has been denied a short-term rental unit permit and/or renewal of a permit by the Commissioner of Building and Zoning, they shall have the right to appeal to the City Administrator from such denial, revocation within ten (10) business days. Notice of appeal shall be filed with the City Administrator's office on a form created by the City Administrator for such purpose, and the City Administrator shall set the date and time of the appeal hearing. The burden of proof in such an appeal shall be upon the appellant to show that the denial or revocation was arbitrary or unreasonable. Any such decision by the City Administrator shall be final.
(8) Transfer. No permit under this chapter shall be transferable to another short-rental operation.
(9) Operating requirements.
A. Advertisement. It shall be unlawful to advertise any short-term rental unit without the operating permit number clearly displayed on the advertisement. This includes any means, electronic or non-electronic, intended to promote the availability of the short-term rental unit.
B. Maximum occupancy. The number of overnight occupants permitted in a short-term rental unit shall not exceed two occupants per sleeping room. This maximum occupancy shall be identified in the operating permit.
C. Parking. The number of overnight vehicles permitted on the property shall be identified in the operating permit.
D. Life safety equipment. Each short-term rental unit shall have the following fully functional life safety equipment on the premises and installed to manufacturer specifications:
1. Smoke Alarms. Smoke alarms shall meet the requirements of the Residential Code of Ohio Section 314.
2. Carbon Monoxide Detector. Carbon Monoxide Detector, shall be in the immediate vicinity of all sleeping rooms meeting the requirements of the Residential Code of Ohio Section 315.
3. Fire Extinguisher. A fire extinguisher shall be located inside the premises as directed by the Oregon Fire Department.
E. Records. The operator shall require a verification of the identity of the person responsible for booking the short-term rental unit and keep a record on file for three (3) years.
(10) Inspection. Upon display of the proper credentials, sworn officers excluded, any employee of the division of police, division of fire, department of building and zoning, or Lucas County Public Health may be permitted to inspect the hotel/motel premises, short-term rental, or applicant's dwelling to ensure compliance with this Chapter.
(11) Operation without a permit. Any short-term rental unit operating or advertising for operation without a valid operating permit shall be deemed to be a public safety hazard.
(b) Penalty. Whoever violates any provision of this chapter shall be guilty of an unclassified misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00). Upon subsequent convictions, the penalty shall be an unclassified misdemeanor, but the guilty party shall be fined not more than one thousand dollars ($1,000), in addition to any other penalties as imposed by this chapter. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. 084-2024. Passed 5-13-24.)
1155.10 REGULATION OF THE KEEPING OF FARM ANIMALS.
No person shall keep chickens or rabbits in any district lots, excluding agriculture not
used as a dwelling and school uses, unless the following conditions are met:
(a) No person shall engage in the keeping of chickens, rabbits, or similar animals without a certificate of zoning compliance that specifically identifies such use in compliance with the requirements of Section 1155.10 - Regulation of the Keeping of Farm Animals.
(b) No person shall keep chickens, rabbits, or similar animals on a vacant or uninhabited tract of land. All chickens, rabbits, or similar animals shall be located on a property containing a principal structure.
(c) Number. Allowed densities for keeping any combination of chickens and rabbits: no more than six (6) animals shall be allowed for each single-family dwelling.
(d) Setbacks. Coops or cages housing hens, rabbits, or similar animals shall be kept at least twenty-five (25) feet from the door or window of any dwelling or occupied structure other than the owner's dwelling. Coops and cages shall not be located within five (5) feet of a side-yard lot line, nor within eighteen (18) inches of a rear-yard lot line. Coops and cages shall not be located in the front yard.
(e) Enclosure. Hens, rabbits, or similar animals shall be provided with a covered, predator-proof coop or cage that is well-ventilated and designed to be easily accessed for cleaning, and of sufficient size to permit free movement of the animals. The coop shall allow at least one (1) square foot per hen. Hens or rabbits shall have access to an outdoor enclosure that is adequately fenced to contain the farm animals on the property. There shall be no more than one (1) sheltering structure on the property.
(f) Feed Storage. All feed shall be stored in rodent-proof containers and animals must not be fed in a manner likely to attract rodents, such as dispersing the feed on the ground.
(g) Sanitation. The coop and outdoor enclosure must be kept in a sanitary condition and free from offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis to prevent accumulation of waste.
(h) Slaughtering. There shall be no outdoor slaughtering in the line of vision of any neighboring properties, or otherwise out of public view. All waste must be bagged and disposed of with household trash to prevent nuisance and health hazards.
(i) Prohibited Poultry. No person shall keep any roosters, ducks, geese, peafowl, guineafowl, pigeons, turkeys, or similar animals on any district lot.
(j) Alpacas, Cows, Deer, Goats, Horses, Llamas, Ponies, Sheep, Swine, and Similar Animals. The keeping of alpacas, cows, deer, goats, horses, llamas, ponies, sheep, swine, and similar hoofed farm animals, and stables and enclosures for the keeping of such animals on any district lot, shall require a Special Use Permit in accordance with Chapter 1113 of this code.
(k) No predatory birds may be kept on any property under the regulations of this section.
(l) Strictly for personal or household use. Commercial use is prohibited.
(m) Permit. A Certificate of Zoning Compliance is required.
(1) Information required. Applicants seeking to engage in keeping farm animals must apply for and receive a certificate of zoning compliance. If the applicant is someone other than the property owner, the application must include a notarized statement of support, signed by the property owner. In addition to the requirements of Section 1105.03 -Application for Zoning Permit, the following information must be included on the site plan or in accompanying documentation:
A. A description of the type and number of animals to be kept.
B. Sheltering structure type.
C. Location of sheltering structure with all setbacks from property lines indicated. If using a portable sheltering structure, indicate the yard area in which the sheltering structure will be kept.
D. Location and manner of containment of outdoor areas with all setbacks from property lines indicated. If using a portable containment system, indicate the yard area in which the system will be kept.
E. Feed storage container location and type.
F. Location, method, and schedule of manure storage and disposal.
G. Any other relevant information related to keeping the animals, if requested by the Commissioner of Zoning.
(2) Conditions. Notwithstanding compliance with the various requirements of this section, hens, rabbits, or similar animals shall not be kept in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others. Hens, rabbits, or similar animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. It is the responsibility of the person keeping hens, rabbits, or similar animals to be aware of and abide by all applicable local, state or federal requirements including but not limited to the Ohio Department of Agriculture's Ohio Livestock Care Standards and private deed or covenant restrictions.
(3) Application will be filed with the Toledo-Lucas County Health Department, which shall make a determination of whether to issue such permit and under such terms and conditions as are necessary to minimize any negative impacts on neighboring properties. Permits will be granted on an annual basis. If the City of Oregon receives no complaints regarding the permit holder's keeping of hens, ducks, rabbits, or similar animals, the permit will be presumptively renewed, and the applicant may continue to keep hens, ducks, rabbits, or similar animals under the terms and conditions of the original permit. The Health Department may revoke the permit at any time if the permit holder does not follow the terms of the permit, if the Health Department receives substantiated complaints regarding the permit holder's keeping of hens, ducks, rabbits, or similar animals, or the Health Department finds that the permit holder has not maintained the farm animal sheltering structure or outdoor enclosures in a clean and sanitary condition.
(n) Penalty. Whoever violates any provision of this chapter is guilty of a misdemeanor in the fourth degree. Each day's violation shall constitute a separate offense.
(Ord. 090-2024. Passed 5-28-24.)
1155.11 MEDICAL AND NON-MEDICAL CANNABIS DISPENSARIES.
The following standards apply to state licensed Medical and Non-Medical Cannabis Dispensary business establishments with terms defined in Ohio Revised Code Section 3780.01 and regulations in Ohio Administrative Code Rule 1301:18-2-0610(B) Dispensaries:
(a) A Medical and Non-Medical Cannabis Dispensary business establishment shall be limited to zoning districts C-2 and C-5 in accordance with the Oregon Cannabis Dispensary Corridors Map dated 8/16/2024 enacted as shown on Exhibit "A", attached to original Ordinance 139-2024 and made a part hereof. Unless expressly permitted in Exhibit "A", all other locations shall be prohibited. Spacing shall apply to Medical and Non-Medical Cannabis Dispensary business establishments operating pursuant to the Ohio Cannabis Control licensing regulations.
(b) A Medical and Non-Medical Cannabis Dispensary business establishment shall conform to the design requirements set forth in Chapter 1343 and be approved by the Design Review Committee.
(c) Any Medical and Non-Medical Cannabis Dispensary business establishment adjacent to a residential district and/or use shall contain a minimum six-(6) foot-high screen fence along such abutting property lines.
(d) No merchandise or pictures of the products or product use on the premises of a Medical and Non-Medical Cannabis Dispensary business establishment shall be displayed on signs, in window areas of any area where they can be viewed from the sidewalk, street, or public way. No sign shall bear any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display, decoration, sign, window or any other means unless it is part of the brand logo of the business.
(Ord. 139-2024. Passed 8-26-24.)
1155.12 MOTOR VEHICLE WASHING FACILITIES.
The following standards apply to Motor Vehicle Washing Facility business establishments:
(a) A Motor Vehicle Washing Facility shall not be located within a 2,640 foot radius of another Motor Vehicle Washing Facility business establishment and are permitted within C-1, C-2, C-3, C-4, or C-5 zoning districts.
(b) The distances specified in this section shall be measured per the Codified Ordinances of the City of Oregon Section 1153.07, Distances for Spacing Requirements. The distance between any two Motor Vehicle Washing Facility businesses establishments shall be measured in a straight line, without regard to any intervening structures or objects, from the closest exterior wall of the structure in which each business establishment is located.
(c) Vehicle washing facilities are required to prevent ice formation. The owner, manager or operator in charge of a motor vehicle washing facility, shall during the operation of the facility, at any time when the outside temperature is at or below the freezing point, salt or otherwise treat the surface of the apron, street, highway or alley adjacent to the motor vehicle washing facility to prevent the formation of a traffic hazard from the freezing of water on the street, highway or alley caused by motor vehicles tracking water from the motor vehicle washing facility. (Ord. 141-2024. Passed 8-26-24.)
1155.13 PERSONAL STORAGE FACILITIES.
The following standards apply to Personal Storage Facility business establishments as defined in the Codified Ordinances of the City of Oregon Section 1103.63:
(a) A Personal Storage Facility shall not be located within a 5,280 foot radius of another Personal Storage Facility business establishment and are permitted within M-1 zoning district. This spacing shall apply to Personal Storage Facility operating pursuant to a Special Use Exemption or operating without such Special Use Exemption, by virtue of having been in operation prior to the requirement to obbtain such Exemption.
(b) The distances specified in this section shall be measured per the Codified Ordinances of the City of Oregon Section 1153.07, Distances for Spacing Requirements. The distance between any two Personal Storage Facility businesses establishments shall be measured in a straight line, without regard to any intervening structures or objects, from the closest exterior wall of the structure in which each business establishment is located.
(Ord. 142-2024. Passed 8-26-24.)
1157.01 GENERAL REQUIREMENTS FOR PARKING SPACES.
(a) No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Zoning Ordinance.
(b) The provisions of this chapter, except where there is a change of use, shall not apply to any building or structure existing at the time of adoption. When there is a new use of an existing structure or building, which involves no additions or enlargements, there shall be provided as many parking spaces as may be required by this Ordinance.
(c) Whenever a building or structure constructed after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change.
(d) Whenever a building or structure existing prior to the effective date of this Ordinance is enlarged to the extent of twenty-five percent (25%) or more in floor area, number of employees, number of housing units, seating capacity or otherwise, such building or structure shall then and thereafter comply with the full parking requirements set forth herein for the original use and its enlargement.
(e) Handicapped parking shall be provided as required in Section 1157.03(h).
(Ord. 164-1984. Passed 1-28-85.)
1157.02 LOCATION OF PARKING SPACES, SETBACKS, LANDSCAPING AND BUFFERING.
The following regulations shall govern the location of off-street parking spaces and areas:
(a) Parking spaces for all detached residential uses shall be located on the same lot as the use which they are intended to serve;
(Ord. 269-2001. Passed 12-17-01.)
(b) On a lot with a single-family residence, the parking area shall be located only on a surface in conformance with Section 1157.03(e) and not on the grass portion of the front yard;
(Ord. 097-2003. Passed 6-23-03.)
(Ord. 097-2003. Passed 6-23-03.)
(c) Parking spaces for all commercial, industrial or institutional uses shall be located not more than 700 feet from the principal use;
(d) Parking spaces for apartments, dormitories, or similar residential uses shall be located not more than 300 feet from the principal use;
(e) No part of any parking area for more than five vehicles shall be closer than twenty feet to any dwelling unit, school, hospital or other institution for human care located on adjoining lot;
(f) No parking shall be allowed in the public right-of-way, and in no case shall any part of a parking area be closer than four feet to any established street or alley right-of-way.
(g) Vehicular use areas containing six (6) spaces or larger shall provide for perimeter landscaping as indicated in the matrix in Section 1152.08. Vehicular use areas containing more than 6,000 square feet of area or twenty (20) or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil as well as perimeter landscaping. For each 100 square feet or fraction thereof of vehicular use area, at least five square feet of landscape area shall be provided.
(1) Interior landscape requirements. Interior landscaping shall be dispersed throughout the parking area. Landscaping shall be situated such that large, unbroken areas of pavement are avoided.
A. Minimum area. The minimum landscape area permitted shall be 180 square feet, excluding curbs, with a four (4) foot minimum dimension to all trees from edge of pavement where vehicles overhang.
B. Maximum contiguous area. In order to encourage the required landscape areas to be properly dispersed, no individual landscape area shall be larger than 350 square feet in size in vehicular use areas less than 30,000 square feet and no individual area shall be larger than 1,500 square feet in vehicular use areas over 30,000 square feet. In both cases, the least dimension of any required area shall be four feet minimum dimension to all trees from edge of pavement where vehicles overhang. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total.
(2) Minimum tree specifications.
A. In addition to any tree requirements required by the City, a two inch (2") diameter tree for medium and large trees and one and one-half inch (1 ½") diameter tree for small trees (as measured six (6) inches above ground) shall be planted for each 5,000 sq. ft. of impervious surface.
B. To retain visibility, trees shall have a clear trunk of at least five feet above the ground. The remaining area shall be landscaped with shrubs, and/or ground cover, not to exceed three feet (3') in height.
(3) Perimeter landscaping for parking lots. Parking lots shall have perimeter buffer zones of a minimum width of six (6) feet along property lines or ten (10) feet along an adjacent right-of-way containing evergreen and/or deciduous plant material that will achieve an effective, dense screen of a height of at least three (3) feet within two (2) years of the time of installation. Perimeter buffer zone shall also contain deciduous trees.
(4) Vehicle overhang. Parked vehicles may hang over the interior landscape area no more than two and one-half (2 ½) feet. Concrete or other wheel stops shall be provided to ensure no greater overhang or penetration on the landscaped area.
(5) Grass and ground cover. Grass or ground cover shall be planted on all portions of the landscaped areas not occupied by other landscaped material. Such material fulfills required interior or perimeter landscaping.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1157.03 PARKING AREA REGULATIONS.
(a) Plans and Specifications. Plans for any parking area for more than ten vehicles shall be submitted for the approval of the Service Director of the City under the advisement from the Commissioner of Building and Zoning Inspection as to grading and drainage, and for compliance with the requirements of the Zoning Ordinance.
(b) Joint use. Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap; provided that a written agreement approved by the Zoning Inspector shall be filed with the application for a zoning permit.
(c) Access. Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into the public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street. Every parking area shall have access from a public street or alley not less than eight (8) feet in width in the case of a dwelling and not less than fourteen feet in width in all other cases.
(d) Screening and/or Landscaping. Whenever a parking for more than ten vehicles is located in or adjacent to a residential district it shall be effectively screened on all sides which adjoin or face any property used for residential purposes, by an acceptably designed wall, fence or planting screen. However, such screening and/or landscaping shall not extend into the required front yard. Such fence, wall, or planting screen shall be not less than four feet nor more than six feet in height and shall be maintained in good condition. The space between such fence, wall or planting screen, and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of such fence, wall or planting screen will not service the intended purpose, alternative devices shall be considered. Bumper guards shall be provided for proper operation of the parking areas and to protect any fence, screen or plantings from damage.
(Ord. 269-2001. Passed 12-17-01.)
(e) Paving/Grading. The required number of parking spaces together with driveways, aisles and other circulation areas, shall be improved with such material to provide a durable dust-free surface. Parking areas for more than five vehicles shall be paved with a permanent dust-free surface in all commercial districts, or if located within 200 feet of a residential district. All parking areas on properties located within zoning districts R-2, R-3, R- 4 or R-5 shall be paved with a permanent dust-free surface.
(Ord. 097-2003. Passed 6-23-03.)
(f) Drainage. All parking areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. Drainage facilities and structures shall be constructed or provided to connect with a public street drain, storm sewer or drainage ditch.
(g) Maintenance. The owner of property used for parking shall maintain such area in good condition without holes and free of all dust, trash and other debris.
(h) Handicap Parking Area. Shall comply with the applicable section of the American Disabilities Act of 1990.
(i) Lighting. Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking area shall be so arranged as to reflect the light away from the adjoining property.
(j) Striping. All paved parking areas with a capacity over twelve vehicles shall be striped with double lines, six inches both sides of center, between stalls to facilitate the movement into and out of the parking stalls.
(k) The minimum off-street parking requirements shall not be exceeded by more than 50% of what is required by this Code.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1157.04 PARKING SPACE DIMENSIONS.
(a) Parking areas having more than one aisle or driveway shall have directional signs or markings in each aisle or driveway.
(b) In all cases where an aisle serves two or more angles of parking or sizes of spaces, the larger minimum width shall apply.
(c) A parking space shall have adequate provisions made for ingress and egress to the parking spaces. The required off-street parking dimensions, excluding driveways, shall be as listed in Table 3, following:
TABLE 3
Off-Street Parking Dimensional Table | |||||
Dimensions | |||||
Angle |
45 degrees |
60 degrees |
75 degrees |
90 degrees |
Parallel |
A. Length of parking space |
25 |
22 |
20 |
20 |
23 |
B. Width of parking space |
10 |
10 |
10 |
10 |
10 |
C. Width of parking space Parallel to aisle |
12.7 |
10.4 |
10.3 |
10 |
- |
D. Width of driveway aisle (measured between ends of stall lines) | |||||
One-way |
13 |
18 |
20 |
22 |
13 |
Two-way |
23 |
25 |
25 |
25 |
23 |
E. Width of access driveway | |||||
One-way |
14 |
14 |
14 |
14 |
14 |
Two-way |
24 |
24 |
24 |
24 |
24 |
(Ord. 164-1984. Passed 1-28-85.)
1157.05 PARKING SPACES REQUIRED.
In computing the number of such parking spaces required, the following rules shall govern:
(a) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(b) Where fractional spaces result, the parking spaces required shall be increased to the next whole number.
(c) The parking space requirement for use not specially mentioned herein shall be the same as required for a use of a similar nature.
(d) Where there is an adequate public transit system or where for any other reason parking demand is unusually low, then the parking space provisions cited above may be reduced proportionally by the Board of Zoning Appeals upon an appeal from a decision of the Zoning Inspector.
(e) One additional space of proper size and construction over and above the parking space requirements of this section shall be provided for each additional operational motor vehicle owned and continuously stored on a residential property by the resident or owner.
(f) For the purpose of this Zoning Ordinance the following parking space requirements shall apply:
TYPE OF USE | PARKING SPACES REQUIRED |
Residential | |
1. Single-family or two-family dwelling | Two for each unit |
2. Apartments, or multi-family dwellings | Two for each unit |
3. Boarding houses or rooming houses | One for each 2 sleeping rooms or one for each permanent occupant, whichever is greater |
4. Mobile homes | Two for each unit |
5. Fraternity house which have sleeping rooms or dormitories | One space for each 2 beds |
Institutional | |
1. Churches and other places of religious assembly | One for each 5 seats in the main auditorium |
2. Hospitals | One for each 3 hospital beds or for each 400 sq. ft. floor area, whichever is greater |
3. Sanitariums, homes for the aged nursing homes, children’s homes, asylums and similar uses | One for each 6 beds |
4. Medical and dental offices and clinics | One for every 200 sq.ft. of floor area, minimum 6 spaces required. |
5. Libraries, museums and art galleries | One for each 300 sq.ft. floor area |
6. Community center | One for each 200 sq.ft. floor area |
7. Fraternity or sorority with no sleeping rooms | One for each 5 members |
Schools, (public, parochial or private | |
1. Elementary and junior high schools | Two for each classroom and one for for every 8 seats in auditoriums or assembly halls. |
2. High schools | Three for each classroom or one for every 8 seats in auditoriums or assembly halls whichever is greater |
3. Business, technical and trade schools | One for each 2 students |
4. Colleges, universities | One for each 4 students |
5. Kindergartens, child day care centers, nursery schools and similar uses | One for each staff member/employee and one for each 6 children |
Commercial or Recreational | |
1. Automobile service garages which also provide repair | One for each 2 gasoline pumps and 2 for each service bay |
2. Hotels, motels | One per sleeping room plus one space for each 2 employees |
3. Funeral parlors, mortuaries and similar type uses | Five for each room used as a chapel, slumber room or parlor, or one for each 50 square feet of floor area of assembly rooms used for service, whichever is greater. |
4. Retail stores | One for each 200 sq. ft. of floor area |
5. Banks, financial institutions and similar uses. | One for each 300 sq. ft. of floor area |
6. Offices, public or professional administration, or service bldgs. | One for each 200 sq. ft. of floor area |
7. All other type of business or commercial uses permitted in any commercial district | One for each 200 sq. ft. of floor area |
8. Restaurant, cafe, night club, bar, tavern, or similar establishment | One for each 100 sq. ft. of floor area |
9. Bowling alleys | Four for each alley or lane plus one additional space for each 100 sq.ft. of the area used for restaurant, cocktail lounge, or similar use. |
10. Dance floors, skating rinks. | One for each 100 sq.ft. of floor area used for the activity |
11. Outdoor swimming pools, public or community or club | One for each 5-person capacity plus one for each 4 seats or one for each 30 sq.ft. floor area used for seating purposes whichever is greater. |
12. Auditoriums, sports arenas, theaters and similar uses | One for each 4 seats or ten lineal feet of bench seating space |
13. Private club or lodge (excluding dock or camping facilities) | One for each 5 members |
14. Recreational vehicle, travel trailer parks | 1.5 parking spaces per site at least one space shall be provided at each site. |
15. Campground | 1.5 spaces per site |
16. Marina, yacht club, places for docking boats | 1.5 parking space for each boat space provided |
17. Boat launching ramp | 25 parking spaces per single ramp (allowing one boat access at a time.) Parking spaces shall be of a size to accommodate a car or truck with trailer (minimum 10'x 50') |
18. Commercial golf courses | 40 for each 9 holes plus 1 for each employee |
Manufacturing | |
1. All types of manufacturing, storage and wholesale uses permitted in any manufacturing district | One for every 2 employees ( on the largest shift for which the building is designed) plus one for each motor vehicle used in the business |
2. Cartage, express, parcel delivery, and freight terminals | One for every 2 employees (on the largest shift for which the building is designated) and one for each motor vehicle maintained on the premises |
(Ord. 164-1984. Passed 1-28-85.)
1157.06 GENERAL REQUIREMENTS FOR LOADING SPACES.
(a) No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Zoning Ordinance.
(b) The provisions of this chapter, except where there is a change of use, shall not apply to any building or structure existing at the time of adoption. When there is a new use of an existing structure or building, which involves no additions or enlargements, there shall be provided as many parking spaces as may be required by this Ordinance.
(c) Whenever a building or structure constructed after the effective date of this Ordinance is changed or enlarged in floor to create a need for an increase in the number of existing loading spaces, additional loading spaces shall be provided on the basis of the enlargement or change.
(d) Whenever a building or structure existing prior to the effective date of this Ordinance is enlarged to the extent of fifty percent (50%) or more in floor area, such building or structure shall then and thereafter comply with the full parking requirements set forth herein for the original use and its enlargement.
(Ord. 164-1984. Passed 1-28-85.)
(Ord. 164-1984. Passed 1-28-85.)
1157.07 LOADING SPACE REGULATIONS.
(a) Off-street truck loading spaces as defined in Chapter 1103 shall be provided as accessory to retail, wholesale, office and industrial buildings as prescribed in this chapter.
(b) Each loading space shall be easily accessible from a street or alley without substantial interference with traffic.
(c) All loading areas shall be surfaced with gravel or crushed stone with adequate dust treatment, or with permanent surfacing to provide an all-weather, durable and dust-free surface.
(d) Space allocated to required off-street loading berths may not be included in required off-street parking area, nor shall the off-street loading berth be used for normal vehicle repair or service work.
(e) All required loading berths shall be on the same lot as the use served but if such berths abut a residential district they shall be suitably screened or fenced from view.
(f) No loading berth shall be located in a required front or side yard nor shall it be located in the road right of way. If located in the required rear yard, the berth shall be open to the sky.
(g) Any loading area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a loading area shall be so arranged as to reflect the light away from the adjoining property.
(h) The owner of property used for loading shall maintain such area in good condition without holes and free of all dust, trash and other debris.
(i) All loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.
(Ord. 164-1984. Passed 1-28-85.)
1157.08 LOADING SPACES REQUIRED.
(a) Every building of the type described below which is hereafter built, relocated or structurally altered to the extent of more than fifty percent (50%) addition in floor area, shall provide off-street truck loading spaces in accordance with the following schedules:
(1) A building whose dominant use is handling and selling goods at retail shall provide such spaces in relation to the floor area used for retail purposes as follows:
Area (sq. ft.) Loading Spaces Required 5,000-10,000 One 10,000-20,000 Two 20,000-30,000 Three Over 30,000 Four |
(2) Manufacturing, repair, wholesale, trucking terminal or warehouse uses shall provide such spaces in relation to total floor area as follows:
Area (sq. ft.) Loading Spaces Required 5,000-40,000 One 40,000-100,000 Two Over 100,000 Three |
(3) Other building not listed above but having over 10,000 square feet in floor area shall provide one such space. This includes offices, hotels and mortuaries.
(b) Every loading space shall have minimum dimensions of not less than twelve feet in width, fifty feet in length, exclusive of driveways, aisles and other circulation areas, and a height of clearance of not less than fifteen feet.
(Ord. 164-1984. Passed 1-28-85.)
1158.01 OUTDOOR STORAGE REGULATIONS.
(a) Outdoor storage will only be permitted as a use by right in industrial districts.
(b) Outdoor storage will be an accessory use in commercial districts with the following conditions:
(1) Outdoor storage shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.
(2) Outside storage shall not be located in any required setback on the property.
(3) Outside storage areas shall be fully screened with an opaque fence or wall not to exceed six (6) feet in height.
(4) Outside storage shall be limited to ten percent (10%) of the gross leaseable area of the lot.
(Ord. 069-2021. Passed 6-28-21.)
1158.02 OUTDOOR RETAIL SALES REGULATIONS.
(a) Outdoor retail sales may be permitted as an accessory use with a conditional use permit in the C-2, C-3, C-4 and C-5 commercial districts with the following conditions:
(1) Outdoor retail sales shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.
(2) Outdoor retail sale areas shall not be required to be fully screened. However, appropriate screening or buffering of outdoor retail sale areas may be required as deemed necessary by the Planning Commission.
(3) Exemptions: Seasonal outdoor retail sales may be approved as deemed appropriate by the City Administrator (i.e. Christmas tree sales, Pumpkin sales, etc.)
(Ord. 069-2021. Passed 6-28-21.)
1158.03 FOOD TRUCKS REGULATIONS.
(a) Food trucks may be permitted as a conditional use in the C-2, C-3, C-4 and C-5 commercial districts.
(b) Food trucks may be permitted without a conditional use in the C-2, C-3, C-4 and C-5 commercial districts with all of the following conditions:
(1) Food trucks must have written permission from the property owner.
(2) Property owner may only host food trucks in the same location no more than twice per month and limited to a total of six (6) times per year.
(3) Any single vendor is limited to ten (10) days per year.
(4) Food trucks must be approved by the local Fire Department and the Toledo Lucas County Health Department before approval can be granted.
(5) Permits will be granted by the City of Oregon Building and Zoning Department for a fee of thirty dollars ($30.00).
(6) Exemptions: Festivals, church and school events, and community functions.
DEFINITION:
A food truck is a motorized vehicle or trailer, equipped to cook, prepare, serve, and/or sell food and beverages.
(Ord. 069-2021. Passed 6-28-21.)
1159.01 PURPOSE.
It is the purpose of this chapter to eliminate as home occupations all uses except those that conform to the standards set forth in this chapter. Custom and tradition are intentionally excluded as criteria. In general, a home occupation is any accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate as permitted in Section 1159.03(l). The standards for home occupations in this chapter are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation.
(Ord. 269-2001. Passed 12-17-01.)
1159.02 GENERAL REGULATIONS.
Home occupations are permitted accessory uses in an agricultural or residential zone, subject to approval by the Zoning Inspector and only so long as the following regulations are met:
(a) No more than one person, other than a member of the immediate family occupying such dwelling, shall be employed.
(b) Such occupation shall be conducted wholly within the dwelling or an accessory building thereof.
(c) If within a dwelling unit the floor area devoted to such use shall not exceed twenty-five percent (25%) of the total area of such dwelling.
(d) No stock in trade shall be kept or commodities sold other than articles produced by such home occupation. Items commonly collected or traded and occasionally sold by hobbyists, such as coins, stamps, antiques, etc., may be considered as exempt of these provisions when all other conditions are met.
(e) No vehicular or pedestrian traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood; any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard, in an amount as determined necessary by the Board of Zoning Appeals.
(f) No commercial vehicle type shall be used in connection with the home occupation or parked on the property.
(g) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
(h) In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.
(i) There shall be no outdoor storage of any kind related to the home occupation.
(j) No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(k) The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking.
(l) Only one nameplate or sign shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Doe, Attorney). It shall not exceed two square feet in area, shall be non-illuminated, and attached flat to the main structure or visible through a window. The limitation to one nameplate or sign is intended to apply to all lots, including corner lots.
(m) No mechanical equipment shall be used except such as may be used for domestic or household purposes, or as deemed similar to power and type.
(n) When reviewed by the Board of Zoning Appeals, they may impose such other reasonable conditions and limitations as may be required to protect nearby residential premises.
(o) All home occupation activities shall occur solely within the principal building. No activity relating to the home occupation shall occur within an accessory structure.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
1159.03 PROCEDURE.
(a) Application. Prior to commencement thereof, an application for a home occupation permit shall be made to the Office of Building and Zoning Inspection and shall be accompanied by a filing fee. The schedule of fees shall be posted in such Office. Until all applicable fees, charges and expenses are paid in full no action shall be taken on any home occupation permit.
(b) Decision by Zoning Inspector. If upon examination of the request for a home occupation permit the Zoning Inspector finds that such a use will conform to the requirements of this chapter, he shall issue a permit for such use within thirty days. If the request for a home occupation permit is denied, the applicant shall be notified within thirty days. The denial of any such application by the Inspector may be appealed by the applicant to the Board of Zoning Appeals in the manner provided in Section 1107.09
. Council, members of the Planning Commission or other City officials may also appeal the decision of the Zoning Inspector to the Board if they felt the Inspector was in error.
(c) Referral to the Board of Zoning Appeals. Upon denial of an application by the Zoning Inspector, the applicant may appeal the denied application to the Board of Zoning Appeals. The Board shall give public notice and hold a public hearing on such proposed use in accordance with the procedure outlined in Section 1107.09
.
(d) Decision by the Board. The decision of the Board shall be final unless an appeal therefrom is taken to the Court of Common Pleas as provided for in Section 1107.09
. Such decision shall not become effective for ten days from the date that the written decision is made.
(e) Not later than five days following the Board’s action in granting or denying the home occupation, a written notice of the decision shall be mailed to the applicant at the address shown on the application form. A copy of such notice shall also be forwarded to Council and the Planning Commission.
(f) Record of Home Occupation Permits. A record of all home occupation applications and their disposition shall be kept on file in the Office of the Commissioner of Building and Zoning Inspection.
(g) Voiding of Permits. The Zoning Inspector may void at any time a home occupation permit for noncompliance with the conditions set forth in approving the permit. Notice of such action shall be sent to the applicant in question.
(Ord. 269-2001. Passed 12-17-01.)