Perrysburg City Zoning Code
CHAPTER 1215
Definitions
1215.01 APPLICABLE RULES OF CONSTRUCTION.
The following rules of construction apply to the text of this Zoning Code:
(a) The particular shall control the general.
(b) In case of any difference of meaning or implication between the text of this Zoning Code and any caption or illustration, the text shall control.
(c) The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
(d) Words used in the present tense shall include the future. Words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(e) The word "building" includes the word "structure". A building or structure includes any part thereof.
(f) The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for" or "occupied for".
(g) The word "person" includes an individual, corporation, partnership, Limited Liability Company, estate, trust, incorporated association or any other similar entity.
(h) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction and" or either ... or", the conjunction shall be interpreted as follows:
(1) "And" indicates that all connected items, conditions, provisions or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(3) "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(i) Terms not herein defined shall have the meaning customarily assigned to them.
(Ord. 21-2006. Passed 3-7-06.)
1215.02 DEFINITIONS.
(1) Abutting: Having property or district lines in common.
(2) Accessory Structure (or Building): A subordinate structure, located on the same lot as the principal building, the use of which is naturally and normally incidental to the principal use of the principal building or land.
(3) Accessory Use, or Accessory: An "accessory use" is a use that is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. When "accessory" is used in the text, it shall have the same meaning as "accessory use". An "accessory use" includes, but is not limited to, the following:
A. Swimming pools for use of the occupants of a residence or their guests.
B. Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.
C. Home occupations when carried on by the owner - resident of the dwelling and when no physical or visual affects are observed beyond the walls of the residence.
D. Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.
E. Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.
F. Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.
G. Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.
(4) ADA: The Americans with Disabilities Act (ADA) gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
(5) Adult Day Care Center: A center where adults are given care for not more than twelve (12) hours within any 24-hour period.
(6) Agent: A person authorized by a property owner to represent the property owner.
(7) Agriculture: The use of a tract of land for growing crops in the open or for dairying, pasturage, horticulture or viticulture.
(8) Alley: Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.
(9) Alterations: Any change, addition, or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated acts of which may be referred to herein as "altered" or “reconstructed". (Ord. 21-2006. Passed 3-7-06.)
(10) Animal Services: The following are animal services use types:
A. Animal Services (Indoor) -- Sales, grooming, care, and other services of dogs, cats and similar domesticated animals. All activities to take place wholly indoors.
B. Animal Services (Outdoor) -- Sales, grooming, care, and other services of dogs, cats and similar domesticated animals. Most activities to take place wholly indoors, with limited and/or scheduled outdoor activities.
C. Kennels: Kennel services for dogs, cats and other small animals including overnight care that is primarily provided outdoors, or services where animal activities occur outdoors for more than six (6) hours in any day.
(Ord. 78-2013. Passed 7-9-13.)
(11) ANSI: American National Standards Institute.
(12) ARC: Architectural Review Committee.
(13) Assisted Living:
A. Dependent: A multiple-family housing form with central dining facilities provided as a basic service to each dwelling unit. Each dwelling unit may contain cooking facilities, but shall contain sanitary facilities.
B. Independent: A multiple-family housing form with full facilities for self- sufficiency in each individual dwelling unit.
(14) Automobile Repair, General: Includes engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair, overall painting, undercoating or steam cleaning of automobiles.
(15) Automobile Repair, Light: Includes repair or replacement of automotive components for maintenance purposes, such as tires, mufflers, glass, etc. This does not include any item described by the definition of General Automobile Repair.
(16) Automotive: Auto and Metal Salvage: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts and scrap metal.
(17) Automotive Sales or Lease of New or Used Vehicles: The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, or lease of new and/or used motor vehicles.
(18) Automotive Used Car Lot: The use of any building, land area or other premises for the display and sale of used automobiles.
(19) Bank: A freestanding building, with or without a drive-up window, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds.
(20) Basement: That portion of a building between the floor and ceiling, which is partly or wholly below grade and located so that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. A basement shall not be considered as a story.
(Ord. 21-2006. Passed 3-7-06.)
(21) Bed and Breakfast: A transient lodging establishment, generally in a single-family dwelling that is the principal residence of the operator or detached guest house, primarily engaged in providing overnight or otherwise temporary lodging for the general public and providing meals for compensation.
(Ord. 146-2007. Passed 10-2-07.)
(Ord. 146-2007. Passed 10-2-07.)
(22) Big-Box Retail: A singular retail or wholesale user who occupies not less than 60,000 square feet of gross floor area, typically requires high parking to building area ratios, and has a regional sales market. Regional retail/wholesale sales can include but are not limited to membership warehouse clubs that emphasize bulk sales, discount stores and department stores.
(23) Block: The property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right-of-way, un-subdivided acreage, river or live stream, or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the City of Perrysburg.
(24) Board of Zoning Appeals: The Board of Zoning Appeals created by Charter Article 9, and also referred to as “The Board”.
(25) Building: Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. A "building" shall not include structures with interior areas not normally accessible for human use.
(26) Building Envelope: The area defined by lines drawn parallel to the front, rear, and side area lines, at a distance designated by the setback requirements of the zoning district and within which the main building shall be located.
(27) Building Frontage: The side or façade of a building closest to and most nearly parallel to an abutting street or place right-of-way.
(28) Building Height: The vertical distance measured from the established grade to the highest point of the building. Where a building is located on sloping terrain, the height shall be measured from the average ground level of the grade at the building wall.
(29) Building Line: A line formed by the face of the building, and for the purposes of this Zoning Code a minimum building line is the same as a front setback line.
(30) Building, Main or Principal: A building in which is conducted the main or principal use of the lot on which such building is situated.
(31) Building Maintenance Services: Provisions of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial and window cleaning services. Also, includes exterminator services for residential, commercial or industrial applications.
(32) Business Equipment Sales and Services: Sale, rental, or repair of office, professional, and service equipment and supplies to the firms rather than to individuals. Excludes Construction Sales and Service. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.
(33) Business Support Services: Provisions of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services and blueprint services. Also includes business or trade schools that do not involve any outdoor storage or manufacturing processes.
(34) Caliper: The diameter of a tree trunk measured six (6) inches above ground level up to and ncluding four (4) inch caliper size and twelve (12) inches above ground level for larger sizes.
(35) Carry-Out Restaurant: See Restaurant.
(36) Cemetery: A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof.
(37) Certificate of Occupancy: A document issued by the Zoning Inspector authorizing the occupancy and use of land and buildings.
(38) Child Day Care Center: Any place in which child day care, as defined by Ohio Revised Code 5104.01(A), is provided for five or more infants, pre-school children or school age children, outside of school hours in average daily attendance, other than the children of the owner or administrator of the center, with or without compensation.
(39) Child Care Center – Part Time: A child day care center which does not care for any child for more than four (4) hours on any day of the week.
(40) City: The City of Perrysburg inclusive of the City Council, Planning Commission, Board of Zoning Appeals, Administrative Personnel, and other governmental entities charged with adoption, amendment, review and enforcement provisions of the Zoning Code.
(41) Clinic: An establishment where human patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians, dentists or similar professions.
(Ord. 21-2006. Passed 3-7-06.)
(42) Club, Lodges, Fraternal and Civic Assembly: An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not for profit. Meetings and activities primarily conducted for members of such groups. Excludes group living and transient habitation uses.
(42.1) Colleges and Universities: Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. They are certified by the State or by a recognized accrediting agency. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, conservatories and seminaries.
(Ord. 146-2007. Passed 10-2-07.)
(43) Co-location: The use of a wireless telecommunication facility by more than one wireless telecommunications provider.
(44) Commercial School: Schools operated for profit such as business schools, training schools for trade, real estate, training and similar schools but not including elementary, intermediate or high schools for education of children. (Ord. 21-2006. Passed 3-7-06.)
(45) Commercial Recreation Facilities: Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Commercial recreation facilities includes, but are not limited to, skating rinks, water slides, miniature golf courses, arcades, bowling alleys, and billiard halls, any fitness facility utilizing outdoor training/fitness equipment, but not movie theaters.
(Ord. 98-2016. Passed 11-1-16.)
(46) Commercial Vehicle: A vehicle designed or licensed by the State for the carriage of freight or merchandise.
(47) Common Open Space: Usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency. Common open space does not include off-street parking and loading areas, driveways, detention ponds, floodways, riparian areas, land with slopes in excess of twenty-five percent (25%), required landscaping, or setbacks.
(48) Community Recreation: Recreational, social, or multi-purpose uses typically associated with parks, playfields, golf courses, or community recreation buildings.
A. Active Recreation: Areas used or designed for participant-oriented, group sports and recreation activities, including spectator areas associated with such facilities. Typical uses include:
1. Recreational facilities of an active nature, such as athletic fields, play grounds and children’s play apparatus areas, court games, swimming pools, miniature golf courses, golf courses, and driving ranges;
2. Public and community recreation buildings, including enclosed and semi-enclosed buildings providing public assembly and activity areas, such as gymnasiums, meeting rooms, game rooms, arts and crafts, dancing and dining, and fitness centers;
3. Band shells and outdoor theaters;
4. Campgrounds; and
5. Facilities incidental to the operation of public recreational uses, such as refreshments stands, small concessionaire shops dispensing sporting goods, miniature golf and similar uses accessory to public recreational uses.
B. Passive Recreation: Areas used or designed for individual sports and recreation uses of a passive nature. Typical uses include golf courses (golf course club houses are considered an “active recreation” use); hiking, bicycle and equestrian trails; greens and commons; sitting areas; picnic areas; botanical gardens; arboretums; conservatories; and natural wildlife or plant habitat areas.
C. Marinas: Any public or private facilities used for mooring, berthing, or securing, recreational boats. Typical uses include yacht clubs and public boat docks.
(49) Comprehensive Plan: The City of Perrysburg Comprehensive Plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings, and all physical development of the City and includes any unit or part of such plan, and any amendment to such plan or parts thereof.
(50) Construction Sales and Services: Construction activities and incidental storage on lots other than construction sites. Also includes landscape contractors, landscape maintenance businesses, retail landscape sales and the retail or wholesale sales from the premises of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware, but excludes those uses classified as Vehicle Sales and Service uses. Typical uses include building materials stores, tool and equipment rental or sales, building contracting/construction offices and landscape maintenance/contractor offices.
(51) Convalescent or Nursing Home: A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.
(52) Convenience Store: See Neighborhood Business.
(53) Council: The City Council of the City of Perrysburg.
(54) Court: An open space, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings.
(55) Cultural Exhibits and Libraries: Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading.
(56) Density: The average number of housing units per unit of land.
(57) Development: The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.
(58) Diameter Breast Height (DBH): The diameter of a tree measured at four (4) feet above the natural grade.
(59) Disabled Vehicle: A vehicle manufactured or built for use on a public roadway which is inoperable, unlicensed, or because of any other reason which would prevent the use of the vehicle on a public roadway.
(60) District: A portion of the incorporated area of the City within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this Zoning Code.
(61) Drive-In or Drive-Through: A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than while in a building or structure.
(62) Driveway: Part of the passage located on private property that provides vehicular access as ingress and egress to and from a property fronting on a public or private street and including the apron connecting to the street.
(63) Drop-Box: Any self-service container or storage unit, installed, used or maintained for the deposit of envelopes and packages. (Ord. 21-2006. Passed 3-7-06.)
(63.1) Dumpster/Roll Offs: A rigid container generally used for routine collection, temporary storage of solid waste, garbage, construction material, industrial and other waste materials generally on a temporary basis subject to the conditions of Section 1086.05(c)(4)C.
(Ord. 146-2009. Passed 7-7-09.)
(64) Dwelling:
A. One-Family Dwelling. A building designed exclusively for and occupied exclusively by one (1) family.
B. Two-Family Dwelling. A building designed exclusively for occupancy by two (2) families living independently of each other in their own dwelling unit.
C. Multiple-Family Dwelling. A building designed to contain more than two (2) dwelling units in which the units can share primary exterior entrances, but where each dwelling unit has separate housekeeping and cooking facilities. Dwelling units within a multi-family dwelling may be attached through common walls or common floors.
D. Detached Dwelling. A dwelling unit located on its own lot, which is not attached to any other dwelling unit.
E. Attached Dwelling. A dwelling unit, located on its own lot, which shares one (1) or more common or abutting walls with one (1) or more dwelling units. Each unit has its own housekeeping facilities, cooking facilities and separate entrance way.
F. Duplex. A single structure that contains two (2) primary dwelling units on one (1) lot. The units may share common walls or common floors/ceilings.
G. Cluster Housing. A subdivision containing detached and attached dwelling units and duplexes with some or all of the lots reduced based on required minimum lot area and width requirements, but where the overall project complies with the maximum density standards of the applicable zoning district and/or Chapter 1240.18 of this Zoning Code.
H. Foster Home, Adult. A residence in which accommodations and personal care services are provided to one (1) or two (2) adults who are unrelated to the owners of the residence. Ohio Revised Code Sec. 173.36. This use category includes only those uses meeting this definition and not requiring a state license.
I. Foster Home, Certified. A state-certified private residence in which one (1) or more children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children nonsecure care, supervision, or training twenty-four (24) hours a day. Ohio Revised Code Sec. 5103.02 (C).
(65) Dwelling Unit: A single unit providing complete, independent living facilities for one (1) or more person(s), including permanent provisions for living, sleeping, eating, cooking and sanitation.
(66) EIA: Electronic Industry Association.
(Ord. 21-2006. Passed 3-7-06.)
(67) Entertainment and Spectator Sports Facilities: A structure or facility for the presentation of a performing arts, including indoor motion picture theaters, theaters for live performances and indoor and outdoor concerts halls, athletic and other events to spectators. Entertainment and spectator complexes includes restaurants as an accessory use. Entertainment and spectator complexes does not include adult motion picture theatres or establishments featuring burlesque or live entertainment. Live entertainment does not include the term “adult entertainment facility” or “adult entertainment establishment.”
(Ord. 146-2007. Passed 10-2-07.)
(68) Erected: Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises that are required for construction. Excavation, fill, drainage, and the like, shall be considered a part of erection.
(69) Essential Services: The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, not including buildings, which are necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health, safety or general welfare.
(70) Excavation: Any breaking of ground, except common household gardening and ground care.
(71) Exception: Exceptions are intended to accommodate instances where the provisions of this Zoning Code are not precise enough to cover all situations without interpretation. The granting of an exception does not require a finding of undue hardship but is permitted only when specifically referenced in the Zoning Code and only after review of an application by the Board of Zoning Appeals or Planning Commission.
(72) Extraction Operations: Removal, extraction, or mining of sand, gravel, stone of similar material for commercial gain.
(73) FAA: Federal Aviation Administration.
(74) Facade: The exterior of the wall or all walls of a building extending in one direction. For purposes of sign regulation, there shall not be more than four (4) facades for each building.
(75) Family:
A. Domestic Family: An individual or group of two (2) or more persons related by blood, marriage or adoption, together with foster children or domestics of the principal occupants, with not more than one (1) additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or
B. Functional Equivalent Family: A collective number of individuals domiciled together in one (1) dwelling unit whose relationship is of a continuing non- transient domestic character and who are living and cooking as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period.
(76) Farm Markets and Stands: An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and craft items, and food and beverages (but not to include second-hand goods) dispensed from booths located on site.
(77) FCC: Federal Communications Commission.
(78) Fence: A manmade, unroofed barrier which may act as an enclosure or which is decorative or ornamental.
(79) Financial, Insurance and Real Estate Services: Financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies and real estate firms.
(80) Floor Area: For the purpose of computing the minimum allowable floor area, the floor area is the sum of the horizontal areas of the several floors of the building measured from the exterior walls or from the centerline of walls separating two (2) dwellings. The floor area measurement is exclusive of basements, unfinished attics, attached garages, breezeways, unenclosed porches and enclosed porches. Basement rooms may be counted as floor area provided they meet Building Code requirements for space within the dwelling.
(81) Floor Area, Usable: For the purposes of computing off-street parking requirements, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area that is used or intended to be used principally for the storage or processing of merchandise, for hallways or for utilities or sanitary facilities, shall be excluded from this computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal area of the several floors of the building, measured from the exterior faces of the exterior walls.
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(82) Food Processing: The preparation processing, or canning and packaging of food products.
(83) Frontage: The side of a lot or parcel abutting on a street.
(84) Funeral and Interment Services: Provisions of services involving the care, preparation or disposition of the dead. The following are funeral and interment services use types:
A. Cremating: Crematory service involving the reduction of bodies by fire. Typical uses include crematories and crematoriums.
B. Interring: Interring services involve the keeping of human bodies other than in cemeteries. Typical uses include columbariums and mausoleums.
C. Undertaking: Undertaking services such as preparing the dead for disposition and arranging and managing funerals. Typical uses include funeral homes and mortuaries.
D. Cemeteries: Land used for burial of the dead.
(85) Gasoline Service Station and Fuel Sales: A space, building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles (see service stations).
(86) Grade: The ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building and taking the average of the total averages.
(87) Grocery Store: Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores.
(88) Group Living: Residential occupancy of a structure by other than a Household, where units or quarters do not each have its own kitchen facilities, this does not include Transient Habitation uses.
A. Adult Family Home: A state-licensed home or facility that provides accommodations to three (3) to five (5) unrelated adults and supervision and personal care services to at least three (3) of those adults, Ohio Revised Code Sec. 3722.01 (A)(7).
B. Residential Facility, Small: A state-licensed or state-regulated home or facility that provides room and board, personal care, habilitation services, and supervision in a family setting for as many as six (6) or, if allowed by state law, eight (8) persons who require such care because of any of the following: mental retardation or a development disability; physical disability; age; long-term illness, including HIV; domestic violence; or being a runaway minor. Includes the following types of facilities identified under State law: residential facility, Ohio Revised Code Sec. 3724.01 (B); shelter for victims of domestic violence, Ohio Revised Code Sec. 3113.33 (C); shelter for runaways, Ohio Revised Code Sec. 5119.64(B); and other similar uses of the same size licensed by the State but not requiring skilled nursing care.
C. Residential Facility, Large: A state-licensed or state-regulated home or facility that provides room and board, personal care, habilitation services, and supervision in a family setting for more than nine (9) but not more than sixteen (16) persons who require such care because of any of the following: mental retardation or a developmental disability; physical disability; age; long-term illness, including HIV; domestic violence; or being a runaway minor. Includes the following types of facilities identified under State law: residential facility, Ohio Revised Code Sec. 5123.19(L); shelter for victims of domestic violence, Ohio Revised Code Sec. 3113.33 (C); shelters for runaways, Ohio Revised Code Sec. 5119.64(B); and other similar uses of the same size licensed by the State but not required skilled nursing care.
D. Drug and Alcohol Residential Facility: A home or facility that provides habilitation services for persons with drug and alcohol addictions excluding methadone treatment.
E. Halfway House: A State-licensed facility for the care and treatment of adult offenders, Ohio Revised Code Sec. 2967.14 (C).
F. Nursing Home: A State-licensed home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services, Ohio Revised Code Sec. 3721.01(A)(6) and Residential Care Facility, Ohio Revised Code Sec. 3721.01 (A)(7).
G. Rest Home: A home or facility that provides personal care services but not skilled nursing services to adults who reside at the facility. Includes Residential Care Facility - Ohio Revised Code Sec. 3721.01(A)(7). A facility that conforms to the definition for Adult Foster Home, Adult Family Home, Residential Facility (Small) or Residential Facility (Large) shall be treated as such, regardless of the fact that it may also meet this definition.
H. Home for the Aging: A state-licensed home that provides services as a Residential Care Facility and a Nursing Home, except that the home provides its services only to individuals who are dependent on the services of others by reason of both age and physical or mental impairment. Ohio Revised Code Sec. 3721.01(A)(8). A facility that conforms with the definition for Residential Facility, regardless of the fact that it may also meet this definition.
I. Group Rental: Unrelated persons who do not constitute a family or a functional family as defined in this Zoning Code, living as a single housekeeping unit in which individual sleeping quarters may be occupied by the residents of the dwelling thereof, and in which the relationship among the members of the group rests primarily upon a cost-sharing arrangement.
J. Homeless Shelter: A home or facility that provides temporary housing, with or without meals, to indigent, homeless or transient persons. Such home or facility shall not provide lodging on a regular basis.
K. Other Group Living: Includes fraternity and sorority houses and other community based housing not provided for elsewhere in this Zoning Code.
(Ord. 21-2006. Passed 3-7-06.)
(88.1) Gym or Fitness Facility less than 10,000 S.F. - Public and private facilities which are equipped and arranged to provide instruction, services or activities which improve or affect a person's physical condition through exercise.
(88.2) Gym or Fitness Facility more than 10,000 S.F. - Public and private facilities which are equipped and arranged to provide instruction, services or activities which improve or affect a person's physical condition through exercise.(Ord. 16-2022. Passed 3-15-22.)
(89) Home Occupation: Occupations or activity regularly engaged in for personal monetary gain to which all of the following standards shall apply:
A. The home occupation must be conducted within a dwelling that is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with residential use. The home occupation shall be carried on wholly indoors and should be imperceptible from off the premises;
B. No signs or displays of any sort shall be permitted in connection with a home occupation;
C. No commodities, merchandise or wares of any kind shall be sold or distributed on the premises;
D. Only those persons residing on the premises may be employees of the home occupation;
E. There shall be no exterior storage, dumping or burial on the premises of materials or refuse resulting from the operation of the home occupation;
F. No equipment or process shall be used in the home occupation which create noise, vibration, glare, fumes, odors, dust, or electrical interference that is excessive or otherwise inconsistent with typical residential uses; and
G. No additional parking demand or increase in traffic or congestion in the public right-of-way above that normally experienced in a residential neighborhood shall be created by the home occupation.
(Ord. 21-2006. Passed 3-7-06.)
(89.1) Hospital: Facilities providing medical or surgical care to patients and offering inpatient (overnight) care.
(Ord. 146-2007. Passed 10-2-07.)
(Ord. 146-2007. Passed 10-2-07.)
(90) Hospitality Facilities: Lodging facilities with full service dining facilities that may include meeting rooms, conference facilities and other site and building amenities catering to lodging occupants.
(91) Impervious Surface: Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces shall also mean any surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious surface shall include compacted sand, lime rock and clay as well as conventional surfaces such as gravel driveways, parking areas, surfaced streets, roofs, sidewalks, structures and similar surfaces.
(92) Industrial, General: Production, processing, assembling, packaging, or treatment of food and non-food products; or manufacturing and/or assembly of electronic instruments and equipment and electrical devices. General Industrial uses may require federal air quality discharge permits. General Industrial uses do not have nuisance conditions that are detectable from the boundaries of the subject property. Nuisance conditions can result from any of the following:
A. Continuous, frequent or repetitive noises or vibrations;
B. Noxious or toxic fumes, odors or emissions;
C. Electrical disturbances; or
D. Night illumination into residential areas.
E. Exceptions: Noise and vibrations from temporary construction; noise from vehicles or trains entering or leaving the site; noise and vibrations occurring less than fifteen (15) minutes per day; noise detectable only as part of a composite of sounds from various off-site sources.
(93) IIndustrial, Intensive: Manufacturing, processing or assembling of materials in a manner that would create any of the commonly recognized nuisance conditions or characteristics described above in the General Industrial use type classification.
(Ord. 21-2006. Passed 3-7-06.)
(93.1) Institutional Use: A use that provides a public service and is operated by a Federal, State or local government, public or private utility, public or private school or college, tax-exempt organization, and/or a place of religious assembly.
(Ord. 124-2011. Passed 6-21-11.)
(94) Junk Yard: An establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying or selling junk. This definition includes scrap metal processing facilities, Ohio Revised Code 4737.05.05(B).
(95) Kennel, Commercial: Any lot or premises on which four (4) or more dogs, cats or other household pets are either permanently or temporarily boarded for remuneration.
(96) Laboratories: A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
(Ord. 21-2006. Passed 3-7-06.)
(96.1) Landmark Feature/Signage. A structure of interest that serves as an identifiable feature of sufficient quality to enhance the appeal of the City and to provide visitors and citizens a visual landmark. Landmark features/signs may include but are not limited to clock towers, fountains, sculptures, historical reproductions, public information displays, or other items of architectural, historical, recreational or visual interest. Landmark Feature/Signage use shall be subject to review as a Special Approval Use pursuant to Chapter 1235 of this Code.
(Ord. 42-2013. Passed 4-9-13.)
(97) Lattice Tower: A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(98) Loading Space: An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
(Ord. 21-2006. Passed 3-7-06.)
(Ord. 21-2006. Passed 3-7-06.)
(98.1) Lodging: Provision of lodging is provided and offered to the public for compensation and which is open to transient guests. Typical uses included hotels, motels and hospitality facilities.
(Ord. 146-2007. Passed 10-2-07.)
(99) Lot: A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Zoning Code. A lot may or may not be specifically designated as such on public records.
A. Corner Lot: A lot adjacent to two (2) or more streets at their intersection.
B. Interior Lot: Any lot other than a corner lot.
C. Through Lot: Any interior lot having frontage on two (2) more or less parallel streets as distinguished from a corner lot. Lot lines abutting streets shall be considered front lot lines and front yard setbacks shall be provided as required.
D. Zoning Lot: A single tract of land, located within a single block, which, at the time of filing for a Zoning Permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A "zoning lot" shall satisfy this Zoning Code with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a "lot of record" as filed with the County Recorder, but may include one (1) or more lots of record.
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(100) Lot Area: The total horizontal area within the lot lines of the lot.
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(101) Lot Coverage: The part or percent of the lot occupied by buildings including accessory buildings.
(102) Lot Depth: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(103) Lot Lines: The lines defining the limits of a lot as described herein:
A. Front Lot Line: In the case of an interior lot, it is that line separating said lot from the street. In the case of a corner lot, or double frontage lot, is that line separating said lot from either street.
B. Rear Lot Line: That lot line opposite the nearest frontage to the street. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.
C. Side Lot Line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
(104) Lot Width: The horizontal distance between the side lot lines, measured at the two (2) points where the building line, or setback line, intersects the side lot lines.
(105) Lot of Record: A parcel of land, the dimensions of which are described in a document or shown on a map on file with the County Recorder, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
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(106) Main Use: The principal use to which the premises are devoted and the principal purpose for which the premises exist.
(107) Manufactured Home: A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the Federal Construction and Safety Standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974.
(108) Manufacturing and Production, Limited: Establishments that involve limited outside storage of materials, do not require Federal air quality discharge permits, are compatible with nearby residential uses because there are few or no offensive external effects and are primarily engaged in one (1) of the following:
A. On-site production of goods by hand manufacturing involving use of hand tools or light mechanical equipment. Products may be finished or semi- finished and are generally made for the wholesale market, for transfer to other plants, or to order for customers or firms. Goods are generally not displayed or sold on-site, but if so this is a subordinate part of total sales. Typical uses include instruction studios, ceramic studios, woodworking and cabinet shops, custom jewelry manufacturing, clothing, food products and similar types of arts and crafts or small scale-manufacturing; or
B. Manufacturing or assembling of electronic components, medical and dental supplies, computers, housewares, or other manufacturing establishments with similar characteristics. Goods generally are not displayed or sold on- site, but if so this is a subordinate part of total sales.
(109) Manufacturing and Production, Technological: Production, processing, assembling, or packaging of products that rely upon research and technological innovation. Also includes research of an industrial or scientific nature. Typical uses include manufacturing research instruments, electronic products, surgical and medical instruments, electronic research laboratories, environmental research and development firms, agricultural and forestry research labs and pharmaceutical research labs.
(110) Massage Establishment: See Chapter 1235.04(u), “Massage Establishments and Technicians”. (Ord. 87-2017. Passed 9-5-17.)
(110.01) “Medical Marijuana” has the same meaning as provided in Section 3796.01(A)(2) of the Ohio Revised Code which is marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose.
(A) The cultivation, processing or retail dispensing of medical marijuana, even under a license issued under Chapter 3796 of the Ohio Revised Code, is prohibited within the City of Perrysburg, Ohio. (Ord. 87-2017. Passed 9-5-17.)
(111) Medical Service: Personal health services including prevention, diagnosis and treatment, rehabilitation services provided by physicians, dentists, nurses, other health personnel and medical testing and analysis services. Typical uses include medical offices, dental laboratories and health maintenance organizations. (Ord. 21-2006. Passed 3-7-06.)
(111.01) Metal Panels: Standard metal panels typically constructed from powered coated steel or aluminum. Typically featuring a thin, single skin design with limited material profiles, and/or exposed fasteners. These panels are generally considered a more economical and lower quality option to architectural metal panels.
(111.02) Metal Panels (Architectural): Architectural metal panels are similar to standard metal panels but have design characteristics that make them higher quality, more durable, and more visually interesting. These architectural panels are categorized by features included but not limited to: higher R-values due to insulation, hidden fastener systems, material thickness (gauge), the panel profile, engineered interlocking design, and the inherent composition of the metal (such as copper, aluminum, stainless steel, or composite based materials).
(Ord. 27-2021. Passed 4-6-21.)
(112) Mezzanine: An intermediate floor in any story occupying not more than one-third (1/3) of the floor area of such story.
(113) Mini-Storage Facility: Self-storage spaces designed and used for the purpose of renting or leasing individual storage space to tenants who have access to such space for the purpose of storing and removing personal property.
(114) Mixed Use: A building, structure or lot containing a mixture of commercial, office and/or residential uses.
(115) Mobile Home: A manufactured dwelling unit, transportable in one (1) or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. A mobile home does not mean a recreational vehicle.
(116) Mobile Home Park: A parcel or tract of land under the control of a person upon which three (3) or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose, regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment or facility used or intended for use, incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.
(117) Monopole: A support structure constructed of a single supporting hollow metal tube securely anchored to a foundation.
(118) Motor Vehicle Salvage Dealer: Person who engages in a business primarily for the purpose of selling salvage motor vehicle parts and secondarily for the purpose of selling at retail salvage motor vehicles or manufacturing or selling a product of gradable scrap metal.
(119) Mortuaries: An establishment providing services such as preparing the human dead for burial and arranging and managing funerals and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums and columbariums.
(120) Motel and Hotel: A building or group of buildings having units containing sleeping accommodations that are available for temporary occupancy, primarily to the public traveling by motor vehicle.
(121) Municipality: The municipal corporation known as the City of Perrysburg, Ohio.
(122) Neighborhood Business: Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages and limited household supplies. Neighborhood stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and small retail outlets.
(123) Newspaper Rack: Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals.
(124) Nonconforming Building: A building or portion thereof lawfully existing at the effective date of this Zoning Code, or amendments thereto and that does not conform to the provisions of the Zoning Code in the district in which it is located.
(125) Non-Commercial Recreation: Publicly-owned or operated recreation facilities.
(126) Nonconforming Use: A use which lawfully occupied a building or land at the effective date of this Zoning Code or amendments thereto and that does not conform to the use regulations of the district in which it is located.
(127) Nursery, Plant Material, Green House: A space, building or structure, or combination thereof, for the storage of live trees, shrubs, flowers or plants offered for retail sale on the premises including products used for gardening or landscaping.
(128) Nuisance: An offensive, annoying, unpleasant, or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being; or the generation of an excessive or concentrated movement of people or things, such as but not limited to: (a) noise, (b) dust, (c) smoke, (d) odor, (e) glare, (f) fumes, (g) flashes, (h) vibration, (i) shock waves, (j) heat, (k) electronic or atomic radiation, (l) objectionable effluent, (m) noise of congregation of people, particularly at night, (n) vehicular traffic and/or (o) invasion of non-abutting street frontage by traffic.
(129) Offices: Places of business limited to activities such as lawyers, doctors, architects and similar professions, real estate agencies, insurance agencies and similar non-retail or wholesale activities.
(130) Off-Street Parking Lot: A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two (2) vehicles, except in one-family residential districts.
(131) Oil and Gas Well: Any perforation through the earth's surface designed to find and release both petroleum oil and gas hydrocarbons.
(132) Open Space: That part of a zoning lot, including courts or yards, which are open and unobstructed from the ground upward, except as otherwise provided in this Zoning Code and may include any landscaped grass or appropriate vegetation area.
(133) Overlay District: An area where certain additional requirements are superimposed upon a base zoning district or underlying district and where the requirements of the base or underlying district may or may not be altered.
(134) ORC: The Ohio Revised Code.
(135) Owner of Record: Means the owner, as shown by the County Auditor’s current tax list, of any real property to which this Zoning Code applies.
(136) Parking Area or Lot: Means any off-street area or structure which meets one (1) of the following conditions:
A. Contains one (1) or more parking, vehicular, storage, loading or stacking space for public and civic, institutional, recreational, commercial, or industrial use, whether free or for compensation; or
B. Contains five (5) or more parking spaces for any residential use.
(137) Parking Space: An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.
(138) Perrysburg, City of: Whenever in this Zoning Code reference is made to the "municipality" or the “City," it shall mean the City of Perrysburg, Ohio.
(139) Personal Services: An establishment or place of business primarily engaged in the provisions of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and nail salons, licensed message establishment, barbershops, shoe repair shops, tailor shops, laundromats and dry cleaners.
(140) Planned Business Park: A tract of land intended to be developed in an integrated manner for large-scale developments.
(142) Planning Commission: The duly appointed, official Planning Commission of the City of Perrysburg, as constituted from time to time.
(143) Plant Cultivation: The cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures, such as greenhouses, but not including such plant cultivation as is conducted on residential properties for the primary benefit of the resident family.
(Ord. 21-2006. Passed 3-7-06.)
(143.1) Portable Storage Unit Containers: A transportable unit designed and used for the temporary storage of household goods or personal items which is placed on a site for the use of the occupants of a dwelling or building for a limited period of time. A portable storage unit container shall be any weather resistant container, storage unit, shed-like container or other portable structure that can be used for the storage of household goods or personal property. Portable storage unit containers include but are not limited to certain trade named units called “PODS”, “mobile attics” and other similar portable storage unit containers.
(Ord. 146-2009. Passed 7-7-09.)
(143.2) Postal Service: Mailing services and processing as traditionally operated or leased by postal and parcel service companies.
(Ord. 146-2007. Passed 10-2-07; Ord. 146-2009. Passed 7-7-09.)
(144) Premises: A lot, plot or parcel of land, including the building or structures thereon.
(145) Principal Use: The main use to which the premises are devoted and the principal purpose for which the premises exist.
(146) Printing: An establishment in which the principal business consists of duplicating and printing services using photography, blueprint, or offset printing equipment, including publishing, binding and engraving.
(147) Private Place: An officially approved private street, other than an alley, that is permanently reserved as the principal means of access to abutting property.
(148) Editor's Note: Former subsection (148) hereof was repealed by Ordinance 146-2007.
(149) Public Service Facility: Any building held, used, or controlled exclusively for public transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police, and emergency systems or facilities, electric utilities, gas utilities, cable facilities, or other public utilities.
(150) Editor's Note: Former subsection (150) hereof was repealed by Ordinance 146-2007.
(151) Public/Private Utility: A person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under governmental regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
(152) Publishing: A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to off-set printing, lithography, web offset, flexographic and screen process printing.
(153) Reasonable Accommodation Use: Provisions for providing housing opportunities suited to the needs of persons entitled to housing accommodations under law.
(Ord. 21-2006. Passed 3-7-06.)
(154) Recreational Equipment: Travel trailers, horse trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats, snowmobiles, dune buggies, utility trailers, wave runners or other similar equipment or their trailers.
(Ord. 103-2007. Passed 7-10-07.)
(Ord. 103-2007. Passed 7-10-07.)
(155) Recreational Vehicle: Vehicular portable structure that meets all of the following conditions:
A. It is designed for the sole purpose of recreational travel;
B. It is not used for the purpose of engaging in business for profit;
C. It is not used for the purpose of engaging in intrastate commerce;
D. It is not used for the purpose of commerce as defined in 49 C.F.R. 383.5 as amended;
E. It is not regulated by the public utilities commission pursuant to Chapters 4919, 4921, or 4923 of the Ohio Revised Code; and
F. It is classed as one (1) of the following:
1. “Travel Trailer”: A nonself-propelled recreational vehicle that does not exceed an overall length of thirty-five (35) feet, exclusive of bumper and tongue or coupling, and contains less than three hundred twenty (320) square feet of space when erected on site. “Travel Trailer” includes a tent-type, fold-out camping trailer as defined in section 4517.01 of the Ohio Revised Code.
2. “Motor Home”: A self-propelled recreational vehicle that has no fifth (5th) wheel and is constructed with permanently installed facilities for cold storage, cooking and consuming of food and for sleeping.
3. “Truck Camper”: A non self-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. “Truck Camper” does not include truck covers that consist of walls and a roof, but does not have floors and facilities enabling them to be used as a dwelling.
4. “Fifth-Wheel Trailer”: A vehicle that is of such size and weight as to be movable without a special highway permit, that has a gross trailer area of four hundred (400) square feet or less; that is constructed with a raised forward section that allows a bi-level floor plan, and that is designed to be towed by a vehicle equipped with a fifth (5th) wheel hitch ordinarily installed in the bed of a truck.
5. “Park Trailer”: A vehicle that is commonly known as a park model recreational vehicle; meets the American National Standards Institute standard A119.5 (1988) for park trailers; is built on a single chassis; has a gross trailer area of four hundred (400) square feet or less when set up; is designed for seasonal or temporary living quarters and may be connected to utilities necessary for the operation of installed features and appliances.
(156) Religious Assembly: Religious services involving public assembly such as customarily occurs in churches, mosques, temples and synagogues.
(157) Repair Services, Consumer: Provisions of repair services to individuals and households, but not to firms. Excludes vehicle sales and service uses. Typical uses include appliance repair shops, locksmiths, shoe and apparel repair and musical instrument repair.
(158) Replacement Tree: Any woody plant having at least one (1) well-defined stem at least two (2) inches in caliper for deciduous trees and a ten (10)-foot height for evergreen trees.
(159) Restaurant: An establishment for serving food and beverages for immediate consumption.
A. Restaurant, Carryout: A restaurant at which patrons are served from a counter and the food or beverage is served in disposable containers or wrappers for consumption off the premises.
B. Restaurant, Drive-in: A restaurant at which any patrons are served from a drive-by window or while within a motor vehicle or where food is consumed within the motor vehicle on the premises.
C. Restaurant, Fast Food: A restaurant at which patrons are served from a counter and the food or beverage is served in disposable containers or wrappers for consumption on or off the premises.
D. Restaurant, Full Service: An establishment maintained, operated, and or advertised or held out to the public as a place where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools.
E. Restaurant, Outdoor Café: An outdoor service area as a part of a restaurant.
(160) Retail Business: Businesses involved in the sale, lease or rent of new or used products to the general public. This excludes Animal Services, Business Equipment Sales and Services, Construction Sales and Services, Food and Beverage Retail Sales, Gasoline and Fuel Sales and Vehicle Sales and Service. Typical uses include department stores, drug stores, apparel stores and furniture stores.
(161) Right-of-Way: The lines determining the limit of ownership of a street, place or alley. For purposes of setbacks, this includes right-of-way easements. The limits of street right-of- way include lands on each side of the street travel surface to abutting property or parcel lines.
(162) Roadway: That portion of a street improved, designed or ordinarily used for vehicular traffic.
(163) Room: For the purpose of determining lot area, requirements and density in a multiple-family district, a living room, dining room and bedroom, equal to at least eighty (80) square feet in area. A "room" shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one (1), two (2), or three (3) bedroom units and including a den, library or other extra room shall count such extra room as a "bedroom" for the purpose of computing density.
(Ord. 21-2006. Passed 3-7-06.)
(163.1) Rooming House: A dwelling containing three or more rooms provided by the owner or operator for living or sleeping, but not open to the public or overnight guests. Meals may or may not be provided. Typical uses include rooming and boarding houses.
(Ord. 146-2007. Passed 10-2-07.)
(164) Sand, Gravel, Clay, Stone and Topsoil Excavation: The removal, extraction, excavation, fill, or grading for any purpose of gravel, soil, sand, stone, rock, clay or topsoil.
(165) Satellite Dish Receiving Station: A device placed outside of a structure, typically shaped like a dish and used for the purpose of receiving television signals from satellites.
(166) Schools: Public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education.
(167) Scrap and Salvage Operations: Storage, sale, dismantling or other processing of used, source-separated, or waste materials not intended for reuse in their original form. Typical uses include motor vehicle salvage dealers, wrecking yards, junk yards and salvage yards, but not including Recycling Facilities.
(Ord. 21-2006. Passed 3-7-06.)
(Ord. 21-2006. Passed 3-7-06.)
(168) Editor’s Note: Former subsection (168) hereof was repealed by Ordinance 146- 2007.
(169) Service Drive: A service roadway parallel to a feeder road and which provides access to abutting properties and protection from through traffic.
(170) Service Station: A building or premises used for the retail sale of fuel (stored only in underground tanks and to be dispensed from fixed equipment), lubricants, air, water and other commodities designed for motor vehicles, aircraft and boats. Such an operation includes space and facilities for selling, installing, or adjusting tires, batteries, parts and accessories within a completely enclosed building provided that such repair and installation are of minor auto repair nature and may include accessory convenience store merchandise primarily sold to patrons purchasing gasoline and/or services.
(171) Setback: The distance required to obtain minimum front, side or rear yard open space provisions of this Zoning Code. Setbacks from a public street shall be measured from the existing or proposed future right-of-way; whichever is greater. Setbacks from a private place shall be measured from the outside edge of the easement.
(172) Sewage Disposal System, Combined and On-Site:
A. Combined Sewage Disposal System: An approved sewage disposal system, that provides for the combined collection and disposal of sewage from a group of residential, commercial or industrial buildings.
B. On-site Sewage Disposal System: A septic tank installation on an individual lot, which utilizes an aerobic bacteriological process for the elimination of solid wastes and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(Ord. 21-2006. Passed 3-7-06.)
(173) Sexually Oriented Business: Any adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult oriented store, sexual device shop, or sexual encounter establishment/center shall be subject to the conditions of Section 1235.04(ss) of this Zoning Code; Special Approval Use - Sexually Oriented Business, but does not include a business solely, by reason of its showing, selling or renting materials that may depict sex.
(Ord. 92-2010. Passed 6-1-10.)
(174) Shopping Center: A single piece of real estate containing more than three (3) commercial establishments and a total business space of more than three thousand two hundred (3,200) square feet planned, constructed and managed as a total entity with customer and employee parki ng provided on site.
(176) Single-Family Attached Dwelling: A structure containing more than one (1) single-family dwelling unit in which the units are physically attached only by common walls. Each unit has its own housekeeping facilities, cooking facilities and separate exterior entranceways.
(177) Single-Family Detached Dwelling: A structure containing only one (1) single-family dwelling unit.
(178) Editor’s Note: Former subsection (178) was repealed by Ordinance 146-2007.
(179) Solar Collector: A device used for the collection of solar energy for its use in the heating or cooling of a structure or in the heating of air, water or other fluids for such structure.
(Ord. 21-2006. Passed 3-7-06.)
(180) Specialized Domestic Animal Raising and Care: The use of land or buildings for the raising and care of fur-bearing animals, such as rabbits, stabling and care of horses, animal kennels, pigeon raising, and the raising of any other animals or birds of a similar nature, for the purpose of boarding, distributing, or selling such animals or birds, excluding household pets. (See “Keeping of Chickens” for specific requirements regarding the raising or keeping of hens).
(180.1) Keeping of Chickens: The raising or keeping of chickens (hereinafter “hens”):
A. Buildings, structures and fenced areas used for the domestic raising of animals shall be confined to rear yards and shall not be maintained closer to any lot line than twenty (20) feet.
B. Keeping of Chickens (hereinafter “hens”). The keeping of hens is only permitted within the following zoning districts: A1, R1, R2, R3 and R4, with lots no smaller than ten thousand eight hundred ninety square feet (10890 square feet).
1. Number. No more than six (6) hens shall be allowed for each single-family dwelling.
2. Lot size and setbacks. Minimum lot area to keep hens shall be 10,890 square feet. Lot area shall be determined based on the records of the Wood County Auditor. Coops and runs shall not be located within twenty (20) feet of a side yard or rear yard lot line. Coops and runs shall not be located in the front or side yards. (must be further from the street than the furthest most point of the primary structure).
3. Enclosure. Hens shall be provided with a covered, predator-proof coop that is well-ventilated and designed to be easily accessed for cleaning. The coop shalll allow for no more than four (4) square feet per hen with a maximum coop size of twenty-four (24) sq. ft. and maximum coop height of six (6) feet. Hens shall have access to an outdoor run enclosure that is adequately fenced to contain the birds within the structure. The maximum size of the outdoor run enclosure shall be ninety (90) sq. ft. and the maximum height shall be six (6) feet. Hens must remain inside the coop and run enclosures at all times. Free-range hens shall not be permitted within the City of Perrysburg. Coops and runs must be entirely removed from property within thirty (30) days of removal of hens.
4. Treatment. Hens shall be kept in a manner compliant with Perrysburg Code Section 618.05 Cruelty to Animals Generally, any violators shall be subject to criminal prosecution per code section.
5. 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. Eggs must be removed from coop and run areas daily.
6. Slaughtering. There shall be no outdoor slaughtering in the line of vision of any neighboring properties.
7. Food and Water. All food must be stored in sealed, rodent proof containers. Food and water must be dispensed from containers specifically designed for such purpose. Unless specifically designed to prevent rodent access, all food and water sources must be removed from the coop every night. Scattering feed over the ground shall be a prohibited method of feeding.
8. Roosters. It is unlawful for any person to keep roosters.
9. Composting. Composting of chicken waste must be done inside a rodent proof composting container.
10. Permit requirements for accessory buildings and fence permits are applicable. (Ord. 23-2020. Passed 12-15-20.)
(181) Special Approval Use: Uses and structures which have been generally accepted as reasonably compatible with the primary uses and structures within a zoning district, but could present potential injurious effects upon the primary uses and structures within the zoning district and abutting neighborhoods and therefore require special consideration in relation to the welfare of adjacent properties and to the community as a whole. All such proposed uses are subject to a public hearing.
(182) Story: That part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the ceiling next above. A “basement” shall not be counted as a story.
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(183) Street and Highway Definitions and Classifications:
A. Arterial Street: A street designated to carry large volumes of traffic with a minimum number of intersections at grade and providing limited access to adjacent properties. Limited access means the authority to control access is exercised to give preference to through traffic. An arterial street includes major highways or thoroughfares as designated in the Comprehensive Plan.
B. Collector Street: A street, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulations routes within residential subdivisions.
C. Federal Highway: A street designated by and under the control of the United States Government (examples are US-23 and I-75).
D. Freeway: A limited access highway with no street crossing at grade.
E. Freeway Interchange: Access to and from a freeway to another street or freeway.
F. Local Street: A street primarily for providing access to residential or other abutting property.
G. Marginal Arterial Street: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial and collector streets traffic.
H. Minor Arterial Streets: A street designated to carry medium volumes of traffic with street intersections at grade and with a minimum of six hundred (600) feet between the intersections.
(184) Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
(185) Structural Alterations and Structurally Altered: "Structural alterations" and "structurally altered" means any changes in the supporting members of a building, any substantial change in the roof or in the exterior walls, except such repair as may be required for the safety of the building; or any change to a building which alters the volume of the building by increasing or decreasing the footprint of the building.
(186) Telecommunication: The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
(187) Temporary Use or Building: A use or building permitted by the Board of Zoning Appeals or the Zoning Inspector to exist during a specified period of time.
(188) Trailer, Small Utility: “Small utility trailer” means any trailer drawn by a passenger motor vehicle and used for the occasional transport of personal effects.
(Ord. 21-2006. Passed 3-7-06.)
(188.1) Transient Habitation: Provision of lodging services on a day-by-day or similar temporary basis, together with any incidental food, drink and other sales and services intended for the convenience of guests. Does not include Group Living uses.
(Ord. 146-2007. Passed 10-2-07.)
(189) Transportation and Trucking: Any premises used by a motor freight company as a carrier of goods, which is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading and unloading goods.
(190) Use: The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
(192) UVO Project: An area encompassing all sites and parcels that will be subject to a specific set of development standards and shall be reviewed by a single Architectural Review Committee.
(193) UVO Site Development: Any site(s) or parcel(s) that are proposed to be developed but may be considered a phase or a portion of the larger UVO Project.
(195) Vehicle Sales and Service: Sales of motor vehicles or services related to motor vehicles. The following are vehicle sales and service use types:
A. Cleaning/Washing: Washing and polishing of automobiles. Typical uses include car washes and vehicle detailing.
B. Fleet Storage: Fleet storage, together with fueling and incidental maintenance, of vehicles used regularly in a business operation and not available for sale, or long term storage of operating vehicles. Typical uses include taxi fleets, mobile-catering truck storage and auto storage garages.
C. Heavy Equipment Repair: Repair of trucks and other heavy equipment as well as the sale, installation, or servicing of automotive equipment and parts together with body repairs, painting and steam cleaning. Typical uses include engine repair shops, auto body shops and motor freight maintenance groups.
D. Light Equipment Repair: Repair of automobiles and the sale, installation and servicing of automobile equipment and parts excluding body repair and painting. Typical uses include muffler shops, auto or motorcycle repair garages and auto glass shops.
E. Heavy Equipment Sales/Rentals: Sale, retail or wholesale and/or rental from the premises of heavy construction equipment, farm machinery, trucks and aircraft together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales.
F. Auto and RV Sales/Rentals: Sale, retail, wholesale, or rental from the premises of motor vehicles, noncommercial trucks, motorcycles, noncommercial trailers, truck campers, manufactured homes, motor homes and boats together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies and recreational vehicle sales.
G. Storage of Tow-away Vehicles: Storage of non-operating or towed motor vehicles. Typical uses include the collective storage of personal recreational vehicles and boats.
(196) Waste Disposal: The disposition of garbage, combustible and noncombustible waste material.
(197) Wholesale Business: A business that sells products meant for resale by the purchaser.
(198) Wholesale Storage and Distribution: Wholesale storage, distribution and handling of materials and equipment other than live animals and plants. The following are wholesale, storage and distribution use types:
A. Mini-Warehouse: Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant, but in no case shall storage spaces in a mini- warehouse facility function as an independent retail, wholesale, business or service use. Spaces shall not be used for workshops, hobby shops, manufacturing or similar uses. Human occupancy shall be limited to that required to transport, arrange and maintain stored materials.
B. Light: Wholesale, storage and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.
C. Heavy: Open-air storage, distribution and handling of materials and equipment or bulk storage of fuel. Typical uses include monument or stone yards, grain elevators and large- scale fuel storage.
(199) Wind Generator: A device placed outside of a structure that is used for the generation of electricity through the use of propellers or turbine blades.
(200) Wireless Telecommunications Equipment Shelter: A structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.
(201) Wireless Telecommunications Facility: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(202) Wireless Telecommunications Tower: A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
(203) Yards: Open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this Zoning Code and as defined herein:
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A. Front Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. All yards abutting a street shall be considered front yards for setback purposes.
B. Rear Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. On corner lots the rear yard shall be the yard opposite the narrowest frontage.
C. Side Yard: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.
(204) Zero Lot Line: The location of a building on a lot in such a manner that one (1) or more of the building’s sides rest directly on a lot line.
(205) Zoning Code: Zoning Code passed and amended as necessary by the City of Perrysburg City Council, codified herein as Part Twelve - the Planning and Zoning Code and referred to herein as this Zoning Code.
(206) Zoning Inspector: The person(s) or authorized representative(s) appointed by the Mayor to enforce the provisions of this Zoning Code (See Chapter 1280).
(207) Zoning Permit: A permit issued by the Zoning Inspector, confirming the adequacy of lot size and the ability to construct improvements on the lot in question in accordance with this Zoning Code and authorizing the construction thereof and the issuance of building permits.
(Ord. 21-2006. Passed 3-7-06.)