Perrysburg City Zoning Code

CHAPTER 1250

Site Design Standards

1250.01 OFF-STREET PARKING.

1250.02 GENERAL PARKING REQUIREMENTS.

(a) There shall be provided in all districts except C-2 (Central Business), at the time of erection or enlargement of any main building or structure, automobile, off-street parking space with adequate access to all spaces. The number of off-street parking spaces, in conjunction with all land or building use, shall be provided prior to the issuance of a Certificate of Occupancy as prescribed in this Zoning Code.

(b) Application for parking lot construction. Any person desiring to establish or change a parking area shall submit plans to the City showing the locations, elevations, design, size, shape, landscaping, surfacing, marking, lighting, drainage, curb cuts, entrances, exits and any other features of the parking lot. Any curb cuts, entrances, exits and drainage involving County or State highways shall be submitted to the appropriate agency for approval.

(c) Minimum required off-street parking areas shall not be replaced by any other use unless and until equal parking facilities are provided elsewhere.

(d) Off-street parking existing at the effective date of this Zoning Code in connection with the operation of an existing building or use shall not be reduced to any amount less than that required in this Zoning Code for a similar new building or new use.

(e) Two (2) or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the individual uses if computed separately.

(f) In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap, the City may grant an exception.

(g) The placement of materials, merchandise, motor vehicles, trucks, trailers, recreational vehicles or equipment in designated off-street parking areas of a property for the purpose of sale, rental or repair including the storage of such items is prohibited, except as may be provided in this Zoning Code.

(h) For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use that the City considers is similar in type.

(i) When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half (1/2) shall be disregarded and fractions over one-half (1/2) shall require one (1) parking space.

(j) For the purpose of computing the number of parking spaces required, the definition of “floor area, useable” in Section 1215.02 shall govern. In those instances where floor area cannot be computed from plans, seventy-five percent (75%) of gross floor area shall be considered usable floor area.

(k) For all residential buildings and institutional, public or essential services in a residential district, the required parking area shall be provided on the same lot with the buildings or on a lot immediately adjacent, under the same ownership.

(Ord. 26-2006. Passed 3-7-06.)

(l) Parking in residential districts shall not be permitted in any required front yard area or in the street side yard area of a corner lot except in a driveway or a defined parking area.

(Ord. 17-2017. Passed 3-7-17.)

(m) Required off-street parking for single-family dwellings may be provided in a stacking configuration in a driveway or garage or combination thereof. Lawn areas shall not be used for off-street parking with the exception of recreational vehicles and equipment in a rear yard. (Ord. 10-2018. Passed 2-6-18.)

(n) Within a residential district all parking areas, except for single-family dwellings, shall be screened on all sides that abut upon:

(1) A single-family residence,

(2) A residential district,

(3) A street with an ornamental fence or compact hedge which shall be at least four (4) feet high, of a type which will obscure vision at all seasons from adjoining premises, except where it may block clear vision for traffic movement. In that circumstance, it shall be thirty (30) inches in height.

(o) No commercial repair work, commercial servicing or selling of any kind shall be conducted on parking areas in residential districts. A resident may repair vehicles of the resident on the property of the resident’s dwelling unit; however, in no instance shall a resident repair the vehicles of other than a resident of the dwelling unit on said property and such repair shall be conducted in not to exceed seven (7) consecutive days in any thirty (30) day period.

(p) A resident of a dwelling unit may have not more than one (1) motorized vehicle for sale on the site of such dwelling unit at any time and in no instance shall vacant residential lots or parcels be utilized for the sale of vehicles. In no instance shall a vehicle for sale be displayed in a front yard other than on the driveway portion of the yard.

(q) Within a residential district, parking shall be limited to passenger vehicles, recreational vehicles, recreation equipment and trucks with a load capacity of two and one-half (2- 1/2) tons or less.

(Ord. 26-2006. Passed 3-7-06.)

(r) The number of off-street parking spaces required for the uses located in and permitted in C- 1, C-3, C-4 and INS districts may be reduced up to thirty-three percent (33%) of the total required, provided that the following conditions are met:

(Ord. 151-2007. Passed 10-2-07.)

(1) The number of off-street parking spaces required for the use or uses exceed fifteen (15).

(2) The applicant shall submit an acceptable site plan showing that an adequate reserve of land is set aside for additional parking spaces, so that the total depicted on the plan is adequate to meet the requirements under 1250.03 of this Chapter. The plan shall indicate the reserve area so that all dimensional requirements as to spaces, aisles and other applicable requirements of this Chapter can be met. The reserve area shall not be used for water retention, for required greenbelts or as the location for replacement trees or other deciduous or evergreen trees required by this Chapter. The landscape plan submitted for the site shall include a plan for the reserve area.

(3) The City has determined that the applicant has submitted substantial evidence showing that the parking needs of the specific occupant will be less than would be required by this Chapter.

(4) The property owner shall execute an agreement prepared by the City Law Director requiring the construction of the additional spaces within one hundred and eighty (180) days of notification that the City has determined a need exists for such spaces. The agreement shall run with the land, be binding upon successors and assigns and shall be recorded with the County Recorder.

(5) A permit for change of occupancy shall not be issued until the City has reevaluated the need for parking by the new occupant relative to the number of spaces required by this Chapter.

(s) Parking Structures / Decks and Parking Beneath Buildings: The appearance of parking structures, whether free-standing or attached, shall relate to the building they serve, contribute to the character of the development and shall not disrupt the streetscape. The following guidelines shall be considered:

(1) Where parking structures have a strong relationship to the street or other pedestrian areas, the ground-level shall be wrapped by retail, office or some other related active use along at least the primary façade.

(2) Structures shall merit the same level of materials and finishes as that a principal building would.

(3) Primary facades shall be enhanced with landscape treatments to soften the structure. Other sides of parking structures shall be landscaped with increasing intensity the more visible the parking structure is from surrounding area.

(4) The façade shall be designed such that parked vehicles are not visible from any adjacent public way.

(5) Parking structures shall have full roofs, varied parapet heights or other suggestive roof form variations to eliminate top deck lighting concerns and to create a more finished appearance.

(6) Interior and top deck lighting sources are not to be visible from any adjacent public way.

(7) Pedestrian entries shall be clearly visible and convenient.

(Ord. 26-2006. Passed 3-7-06.)

(t) Parking is to be distributed around large buildings on not less than two sides to shorten the distance to other buildings and public sidewalks and to reduce perceived scale of paved surfaces. No single parking area shall exceed two hundred (200) spaces unless divided into two or more sub-areas separated from each other by landscaping, access drives or public streets, pedestrian walkways or building. If more than sixty-five percent (65%) of the total off-street parking spaces for the entire site are located between the front facade of principal building and the Primary Street abutting the site, additional landscaping, buffering and raised pedestrian walkway connections are required.

(Ord. 103-2007. Passed 7-10-07.)

(u) Prohibit over-night parking of tractor-trailer vehicles anywhere within a site development within all commercial, multi-family, office and special district developments. Prohibit over-night parking of recreational vehicles anywhere within a site development within all commercial, office and special district developments. Prohibit over-night parking of recreational vehicles anywhere within a site development within all multi-family developments between November 1st and March 31st of each calendar year.

(Ord. 129-2011. Passed 6-21-11.)

1250.03 REQUIRED OFF-STREET PARKING.

(a) Residential.

Use	Number of Minimum Parking Spaces Per unit of Measure
a. Residential, Single-family	Two (2) for each dwelling unit
b. Residential, Multiple-family	Two (2) for each dwelling unit having three (3) or less bedrooms and two-and-one-half (2½) for each dwelling unit having more than three (3) bedrooms
c. Assisted Living Dependent	Three-quarters (¾) for each dwelling unit
d. Assisted Living Independent	One and one-quarter (1¼) for each dwelling unit
e. Mobile Home Park	Two (2) for each mobile home site, one (1) for each employee of the mobile home park and one (1) for each three (3) mobile homes for visitor parking

(b) Institutional.

Use	Number of Minimum Parking Spaces Per unit of Measure
a. Church & Temple	One (1) for each three (3) seats or six (6) feet of pews in the main unit of worship
b. Mosques	One (1) for each thirty (30) sq. ft. of floor space in the main unit of worship
c. Hospitals	One and one quarter (1.25) for each bed plus parking for related uses
d. Convalescent and/or nursing homes	One (1) for each four (4) beds
e. Elementary and junior high schools	One (1) for each teacher, employee or administrator, in addition to the requirements of the auditorium or stadium
f. Senior high schools	One (1) for each teacher, employee or administrator, in addition to the requirements of the auditorium or stadium
g. Private clubs or lodge halls	One (1) for each seventy-five (75) square feet of usable floor area

Use	Number of Minimum Parking Spaces Per unit of Measure
h. Private golf clubs, swimming pool clubs, tennis clubs or other similar uses	One (1) for each three (3) member families or individuals
i. Golf courses, open to the general public, except Miniature or “par-3" courses	Four (4) for each golf hole and one for each employee, plus spaces required for each accessory use, such as a restaurant or bar
j. Stadium, sports arena or similar place of outdoor assembly	One (1) for each three (3) seats or six (6) feet of benches
k. Theaters and auditoriums	One (1) for each three (3) seats plus one (1) for each two (2) employees.
l. Nursery schools, day nurseries or child care centers	One (1) space for each caregiver or teacher and off-street drop off and child pick up space
m. Library, museum, post office	One (1) space for each two hundred (200) square feet of usable floor area.

Use	Number of Minimum Parking Spaces per Unit of Measure
a. Auto wash (automatic)	One (1) for each employee, plus reservoir parking spaces equal in number to four (4) times the maximum capacity of the auto wash. The maximum capacity of the auto wash shall mean the greatest number of automobiles undergoing some phase of washing at the same time, which shall be determined by dividing the length in feet of each wash line by twenty (20)
b. Auto wash (self-service or coin- operated)	Three (3) for each washing stall in addition to the stall itself
c. Beauty parlor or barber shop	Two (2) spaces for each of the first two (2) beauty or barber chairs, and one (1) space for each additional chair
d. Bowling alleys	Four (4) for each bowling lane plus parking for accessory uses.

Use	Number of Minimum Parking Spaces Per Unit of Measure
e. Dance halls, pool or billiard parlors, roller skating rinks, exhibition halls and assembly halls without fixed seats	One (1) for each sixty (60) square feet of usable floor area
f. Drive-in restaurant	One (1) for each employee and one (1) for each twenty-five (25) square feet of usable floor area
g. Drive-through	One (1) for each employee and four (4) stack-up spaces for each drive-through window or station
h. Carry-out (with no eating on premises)	One (1) for each employee and one (1) for each sixty (60) square feet of usable floor area with a minimum of four (4) spaces
i. Establishment for sale and consumption on the premises of beverages, food or refreshments	One (1) for each two hundred (200) square feet of usable floor area or one (1) for each two (2) persons allowed within the maximum occupancy load as established by local, County or State fire, building or health codes, whichever is greater
j. Furniture and appliance household equipment, repair shops, showroom of a plumber, decorator or electrician	One (1) for each eight hundred (800) square feet of usable floor area. For floor area used in processing, one (1) additional space shall be provided for each two (2) persons employed therein
k. Gasoline service stations	One (1) parking space for each fifty (50) square feet of floor area in the cashier and office areas in addition to space provided at each fuel pump dispenser. In no instance shall such facility provide fewer than three (3) spaces for cashier and office use. Gasoline service stations providing car wash facilities, lubrication facilities, sale of food, beverages and other products shall provide additional off-street parking spaces based upon the requirements for such uses
l. Laundromats and coin-operated dry cleaners	One (1) for each four (4) washing and dry cleaning machines
m. Miniature or “par-3" golf courses	One (1) for each two (2) holes plus one (1) for each employee

n. Mini storage rental

One (1) space for each employee and one (1) space for each fifty (50) storage rental units

Use	Number of Minimum Parking Spaces Per Unit of Measure
o. Mortuary establishments	One (1) for each seventy-five (75) square feet of each assembly room
p. Motel, hotel or other commercial lodging establishments	One (1) for each occupancy unit plus one (1) for each employee
q. Motor vehicle sales and service establishments	One (1) for each one hundred (100) square feet of usable floor area of sales room or three (3) for each auto service stall in the service area, whichever is the greater
r. Oil change and lubrication station	One (1) for each employee plus reservoir parking spaces equal in number to three (3) times the maximum capacity of service stalls provided at the facility
s. Retail stores, except as otherwise specified herein	One (1) for each two hundred (200) square feet of usable floor area
t. Public utility structures	One (1) for each employee on the larger work shift
u. Indoor tennis facility	Three (3) for each court plus spaces as required for each permitted accessory use
v. Amusement arcade	One (1) for each game table and one (1) for each amusement device
w. Athletic clubs, exercise establishments, health clubs, sauna baths, judo clubs and other similar uses	One (1) parking space for each three (3) persons allowed within the maximum occupancy load as established by local, County or State fire, building or health codes, plus one (1) space per employee. In those instances where memberships are provided for, not less than one (1) space per each four (4) memberships shall be provided, plus one (1) space per employee

(d) Office.

Use	Number of Minimum Parking Spaces Per Unit of Measure
a. Banks	One (1) for each two hundred (200) square feet of usable floor area
b. Banks (drive-in)	One (1) for each employee plus reservoir- waiting spaces at each service window or station shall be provided at the rate of four (4) for each service window or station. Each waiting space shall measure not less than twenty (20) feet in length.

Use	Number of Minimum Parking Spaces per Unit of Measure
c. Business offices or professional offices, except as indicated in (d)	One (1) for each three hundred (300) square feet of usable floor area
d. Professional office of doctors, dentists and similar professions	One (1) for each fifty (50) square feet of usable floor area in waiting rooms, and one (1) for each examining room, dental chair, office, laboratory, X-ray therapy room or similar use area

(e) Industrial.

Use	Number of Minimum Parking Spaces per Unit of Measure
a. Industrial or research establishments and related accessory offices	Five (5) plus one (1) for every one-and-one- half (1 ½) employees in the largest working shift or one (1) for each four hundred fifty (450) square feet of usable floor area whichever is greater. Space on site shall also be provided for all construction workers during periods of plant construction
b. Warehouses and wholesale establishments and related accessory uses	Five (5) plus one (1) for every employee in the largest working shift or five (5) plus one (1) for every one thousand seven hundred (1,700) square feet of usable floor space, whichever is the greater. Space on site shall also be provided for all construction workers during periods of construction

(f) Parking for Handicapped - All Districts.

(1) Off-street parking facilities required for physically handicapped-accessible buildings shall be provided in all parking areas in accord with provisions of the Americans with Disabilities Act (ADA). An individual vertical free standing or wall mounted “handicapped” signage is required.

(Ord. 26-2006. Passed 3-7-06.)

1250.04 REQUIRED OFF-STREET LOADING.

(a) Off-street loading and unloading spaces shall be provided in all “C” Commercial, “I” Industrial and “INS” Institutional Districts in connection with all commercial and industrial uses, except in cases where adequate space, as determined by the City, is or can be provided on adjacent public property, as set forth below:

(Ord. 151-2007. Passed 10-2-07.)

(1) For ten thousand (10,000) to fifty thousand (50,000) square feet of floor area, one (1) space.

(2) For fifty thousand (50,000) to one hundred thousand (100,000) square feet of floor area, two (2) spaces.

(3) One (1) additional space for each additional one hundred thousand (100,000) square feet of floor area or part thereof. All loading and unloading space shall be subject to the following provisions:

A. Each loading space shall be at least twelve (12) feet in width, eighty - eight (88) feet in length, and have a height clearance of fourteen (14) feet above grade.

B. The space may occupy all or any part of any required yard or court space, excluding the front yard area.

C. No space shall be located closer than fifty (50) feet to any lot in any residential district, unless wholly within a completely enclosed building or unless enclosed on all sides facing residential zones by a wall or solid wood or masonry fence of uniform appearance which is at least eight (8) feet in height.

(Ord. 26-2006. Passed 3-7-06.)

1250.05 DESIGN AND CONSTRUCTION.

(a) Off-street parking lots shall be so arranged and marked with adequate drives and aisles for safe and convenient maneuvering giving access to parking spaces and in no case shall a parking space be permitted which would necessitate the backing of a motor vehicle into a street or over a public walk.

(b) Each nonresidential parking space shall be served by a drive or aisle. Design and construction of drives and aisles must be approved by the City.

(c) There shall be a curb, wheel stop or bumper rail provided wherever an off-street parking and loading area adjoins a public sidewalk right-of-way or adjoining property line. The curb wheel stop or bumper rail shall be designed to prevent any portion of a vehicle from encroaching upon the sidewalk, right-of-way or adjoining property.

(d) Any lighting used to illuminate any off-street parking and loading area shall be arranged to direct light away from adjoining premises.

(e) Design and construction of access drives shall be approved by the City.

(f) Any construction or rearrangement of existing drives which involve the ingress or egress of vehicular traffic to or from a public street shall be arranged to ensure the maximum safety and the least interference with traffic upon the streets.

(Ord. 26-2006. Passed 3-7-06.)

1250.06 PARKING SPACE LAYOUT, STANDARDS, CONSTRUCTION AND MAINTENANCE.

(a) Whenever the off-street parking requirements in this chapter require the building of an off-street parking facility, such off-street parking lots shall be laid out, constructed and maintained in accordance with the followign standards and regulations:

(1) No parking lot shall be constructed unless and until a permit therefore is issued. Applications for permit shall be submitted with three (3) sets of site plans for the development and construction of the parking lot and landscape layout showing that the provisions of this chapter will be fully complied with.

(2) Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements (Table 1250.06.b) except as modified by ADA.

(3) All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street is prohibited.

(4) All maneuvering lane widths shall permit one (1) way traffic movement except that the ninety (90) degree pattern shall permit two (2) way movement.

(5) All parking areas for commercial or industrial district uses shall be screened on all sides abutting or across a street or alley from a residential district. The screen shall be a wall or berm as provided in Section 1250.23 and may be provided as a landscape screen as may be approved by the City.

(6) Each entrance to and exit from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least twenty-five (25) feet distant from adjacent property located in any single-family residential district.

(7) The entire parking and loading area including parking spaces and maneuvering lanes required under this chapter shall provide surfacing in accordance with specifications approved by the City. The parking areas shall be surfaced within one (1) year of the date the Certificate of Occupancy is issued.

(8) Off-street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area to preclude drainage of water onto adjacent property or toward buildings.

(9) All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.

(10) Repair and maintenance of existing pavement shall be encouraged. For the purposes of these requirements repair and maintenance work shall be exempt from the permitting requirements of this code section providing that the work is limited to the following:

(1) Seal coating of existing asphalt;

(2) Removal and replacement of twenty percent (20%) or less of the existing area of the surface.

(3) Leveling of an existing surface.

(4) Filling pot holes or repairing areas around drainage structures.

(Ord. 19-2020. Passed 10-20-20.)

(b) Parking space layout standards shall be provided in accord with the specification in the following table:

Parking Stall Dimensions

	Degree of Parking Angle
Angle of Parking Stall	Parallel	30-53	54-74	75-90
Maneuvering Lane Width	12 ft.	12 ft.	15 ft.	20 ft.
Parking Space Width [1]	8.5 ft.	10 ft.	10 ft.	10 ft.
Parking Space Length	23 ft.	20 ft.	20 ft.	20 ft.

[1] Angled parking stalls dedicated for public parking and located along Louisiana Avenue shall be permitted to have a minimum space dimension of nine (9) feet width by twenty (20) feet length. Parallel stalls in this area shall use the above chart for sizing.

(Ord. 82-2024. Passed 12-19-24.)

1250.07 SHARED PARKING.

The shared parking factor table reflects the reduction in off-street parking that can be achieved when two (2) dissimilar but adjacent functions share common parking facilities. The sum of the parking provided for any two (2) dissimilar functions is modified by the factor. For example, the sum of ten (10) residential parking spaces plus ten (10) office parking spaces are divided by a factor of one point four (1.4) to provide the equivalent of fourteen (14) shared parking spaces. The use of shared parking requires each property owner benefiting from shared parking to submit an agreement acknowledging and permitting cross access of each respective parking lot, a statement of building occupancy and Planning Commission approval. The Planning Commission, as part of their approval process, may attach other provisions to the agreement(s).

Shared Parking Adjustments

	Land Use Type
Land Use Type	Residential	Lodging	Office/ Institutional	Retail
Residential	1	1.1	1.4	1.2
Lodging	1.1	1	1.7	1.3
Office/Institutional	1.4	1.7	1	1.2
Retail	1.2	1.3	1.2	1

(Ord. 26-2006. Passed 3-7-06; Ord. 151-2007. Passed 10-2-07.)

1250.08 VARIANCES AND EXCEPTIONS.

The Board of Zoning Appeals shall have authority to interpret this Chapter and may, in specific cases and after public hearing and where justified, grant variances and exceptions to the requirements of Sections 1250.01 through 1250.07.

(Ord. 26-2006. Passed 3-7-06.)

1250.09 LANDSCAPING.

1250.10 LANDSCAPE PLANTING.

(a) Wherever in this Zoning Code a landscape planting screen or plantings are required, the developer shall provide escrow money acceptable to the City in an amount sufficient to insure completion in accordance with the approved planting plan before the City will issue any zoning permits. Such landscape plantings shall be planted in accordance with an approved planting plan, planted to completion and approved by the City prior to issuance of a Certificate of Occupancy, Certificate of Compliance, Certificate of Approval or Certificate of Conformity unless the structure or required construction is completed in an off planting season, in which case temporary certificates may be issued; however, all required plantings shall be placed to completion within sixty (60) days of April 1st. Failure to place the required plantings within sixty (60) days of April 1st shall be grounds for termination or revocation of a temporary certificate and subject the property owner to the fines and penalties of Section 1280.06. No additional certificate, either temporary or final, will be issued until all required plantings are placed to completion.

(b) All plantings shall consist of permanent, living plant materials and shall be so planted as to be in a healthy growing condition. Planting materials shall be maintained in a healthy growing condition which shall include watering, cultivation and weed control, and further maintained in a neat and orderly appearance free of refuse and debris. All unhealthy and dead plant materials shall be replaced within three (3) months or within sixty (60) days of April 1st. Irrigation shall be required for projects of over one-half ( ½ ) acre in site area.

(Ord. 26-2006. Passed 3-7-06.)

1250.11 LANDSCAPE PLAN REQUIREMENTS.

(a) Whenever a landscape planting screen or landscape plantings are required under the provisions of this Zoning Code, a site plan together with a detailed planting plan of said screen or plantings shall be submitted to and be approved by the Planning Commission prior to issuance of a zoning permit. Estimated costs shall also be submitted with the detailed planting plans. Detailed plans shall be submitted in accordance with the following:

(1) A Landscape Architect shall prepare landscape plans submitted pursuant to this Chapter.

(2) Plans shall be provided at a minimum scale of one (1) inch equals forty (40) feet unless otherwise agreed to by the City.

(3) Plans shall indicate, to scale, the location, spacing, starting size and description for each unit of plant material proposed for use within the required screening or planting area, together with the finished grade elevations therein.

(4) Plans shall indicate the proposed location and height of all structures, proposed location of off street parking areas, points of ingress and egress to the site, location of walks and roadways, location of proposed outside storage, dumpster areas, loading or service areas, transformers and a separate irrigation plan to include construction details.

(5) Plans shall indicate existing plant or tree cover including types of trees and tree height.

(Ord. 26-2006. Passed 3-7-06.)

1250.12 PLANTING PLAN REVIEW.

(a) The planting plan shall be reviewed for the proper spacing, height, placement, location and type of plant materials relative to the following:

(1) To insure landscape screens are the length and width so the required horizontal and vertical obscuring effect of proposed land uses will be achieved.

(2) To insure landscape planting areas are planted within the minimum requirements as set forth in this Chapter.

(b) The choice and selection of plant materials shall be such as to insure that root systems will not interfere with public utilities and that fruit and other debris (excluding leaves) will not constitute a nuisance within public rights-of-way or to abutting property owners.

(c) The choice and selection of plant materials shall be of types that will survive and thrive in the area in which they are to be located. It is suggested that a mixture of plant materials (evergreen and deciduous trees and shrubs) be provided in all landscape plans as a protective measure against disease and insect infestation. Where landscape screens are required, a proper relationship shall exist between deciduous and evergreen plantings.

(d) The size of plant materials (both starting and ultimate) shall provide the following:

(1) Where landscape screens are required they shall insure that adequate maturity and optimum screening effect will result.

(2) Where landscape planting areas are required, such areas are to be safely located from any building, points of ingress or egress and not create a traffic hazard.

(e) Review of landscape plans shall be provided by the City as a part of site plan review. Where site plan approval by the Planning Commission is required the Planning Commission will provide such review. Plans for street trees within the public right-of-way will be designed, created and approved by the City Street Tree Commission.

(Ord. 26-2023. Passed 9-5-23.)

1250.13 PLANT MATERIALS, SPACING AND SIZE.

(a) Plant materials (except creeping vine type) shall not be located within two (2) feet of a property line.

(b) Where plant materials are planted in two (2) or more rows, planting shall be staggered in rows.

(c) Evergreen trees shall be at least six (6) feet in height. When planted in informal groupings, they shall be spaced not less than ten (10) feet on center. If placed further apart, additional screen plantings shall be used to achieve the desired obscuring effect. When planted in rows, they shall be spaced not more than eight (8) feet on center.

(d) Narrow evergreen trees shall be at least five (5) feet in height. When planted in informal groupings, they shall be spaced not more than ten (10) feet on center. When planted in rows, they shall be spaced not more than five (5) feet on center.

(e) Tree-like shrubs shall be at least six (6) feet in height and spaced not more then ten (10) feet on center.

(f) Large deciduous shrubs shall be at least four (4) feet in height and spaced not more then six (6) feet on center.

(g) Deciduous trees shall be at least eight (8) feet in height with a minimum caliper of two and one-half (2 1/2) inches, they shall be spaced not more than thirty (30) feet on center.

(h) Spacing between plants and the minimum distance to other plants (in feet) shall be as follows:

Landscape Planting Areas

	Spacing Between Plants (Minimum)
Plant Types	Narrow Evergreen Trees	Evergreen Trees	Tree Like Shrubs	Large Deciduous Trees	Large Deciduous Shrubs
Narrow evergreen	5 ft/10 ft	12 ft	10 ft	15 ft	5 ft
Evergreen Trees	12 ft	10 ft/ 20 ft	12 ft	20 ft	6 ft
Tree Like Shrubs	10 ft	12 ft	8 ft/ 15 ft	15 ft	6 ft
Large Deciduous Trees	15 ft	20 ft	15 ft	20 ft/ 30 ft	6 ft
Large deciduous Shrubs	5 ft/ 10 ft	6 ft	6 ft	6 ft	4 ft/ 6 ft
Minimum Size: Height	6 ft height	6 ft height	6 ft height	2½ inch caliper	4 ft height

5 ft. / 10 ft. - Minimum

Maximum

(Ord. 26-2006. Passed 3-7-06.)

1250.14 STREET TREES.

(a) In addition to parking lot landscape requirements as specified in Section 1250.16, street shade trees shall be provided between the curb and sidewalk or if the City determines the space is not adequate such trees may not be required. In all cases, a street tree plan shall be submitted and approved by the City Street Tree Commission.

(Ord. 47-2017. Passed 5-2-17.)

1250.15 YARD PLANTING.

(a) Yard planting exposed to public view shall be required in all multiple-family, office service, neighborhood business, general business and all industrial districts. Plantings shall consist of shrubs, trees, flowers and lawns as may be appropriate.

(Ord. 26-2006. Passed 3-7-06.)

1250.16 PARKING LOT LANDSCAPING.

(a) Landscape Plan: No parking lot shall be constructed in the City of Perrysburg until a landscape plan for that parking lot has been approved by the Planning and Zoning Administrator. The Administrator shall not approve any landscape plan submitted pursuant to this section unless it conforms to the requirements of this section.

(b) Landscape plans submitted pursuant to this section shall be prepared by a Landscape Architect.

(c) Landscape plans submitted pursuant to this section shall be drawn to scale, including dimensions and distances, and clearly delineate the existing and proposed parking spaces or other vehicular use area, access aisles, driveways and the location, size and description of all landscape materials. (Ord. 26-2006. Passed 3-7-06.)

1250.17 PARKING LOT LANDSCAPING DESIGN CRITERIA.

(a) All parking lot landscaping shall be of such quality as to improve and enhance the site and its surrounding areas.

(b) The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting material may be used to complement the tree landscaping, but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.

(d) The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to insure proper growth.

(e) In those instances where plant material exists on a parking lot site prior to its development, such landscape material may be used if approved as meeting the requirements of this Chapter. (Ord. 26-2006. Passed 3-7-06.)

1250.18 INTERIOR COVERAGE REQUIREMENTS.

(a) Not less than six percent (6%) of a parking lot shall be landscaped.

(Ord. 26-2006. Passed 3-7-06.)

1250.19 COVERAGE REQUIREMENTS (PERIPHERAL).

(a) Peripheral landscaping shall be required along any side of a parking lot that abuts property that is not a right-of-way.

(b) A landscaping strip five (5) feet in width shall be located between the parking area and the abutting property lines.

(c) One (1) tree shall be required for each eight (8) spaces. An unpaved planting area minimum of one hundred (100) square feet shall be provided for infiltration with a minimum radius of three (3) feet at the trunk for protection. Trees shall be of a caliper of not less than two and one-half (2 ½ ) inches.

(Ord. 26-2006. Passed 3-7-06.)

(d) Landscape islands are to be provided at a minimum of one (1) for every ten (10) parking spaces with two (2) shade trees planted for every landscape island.

(Ord. 103-2007. Passed 7-10-07.)

1250.20 COVERAGE REQUIREMENTS (STREETS).

(a) Street landscaping shall be required along any side of a parking lot that abuts the right-of-way of any street, road or highway.

(b) A landscape strip ten (10) feet in depth shall be located between the abutting right- of-way and the parking lot.

(c) One (1) large deciduous tree shall be planted at an average of every fifty (50) linear feet of the landscaping, but such trees may be clustered.

(d) A hedge wall or other durable landscape barrier of at least two and one-half (2 ½) feet mature height and not less than one and one-half (1 ½ ) feet initial height shall extend the entire length of the landscape strip. The first twenty-five (25) feet on both sides of any access driveway pavement is excluded from this requirement.

(e) One (1) shrub or vine at an average of every ten (10) feet of non-living durable barrier shall be planted between the barrier and the street and between the barrier and the parking lot.

(f) The owners and their agents shall be responsible for providing, protecting and maintaining all landscaping in a healthy and growing condition, neat and orderly in appearance, replacing it when necessary and keeping it free of refuse and debris.

(Ord. 27-2023. Passed 9-5-23.)

1250.21 SUGGESTED PLANT MATERIAL. (REPEALED)

EDITOR’S NOTE: Former Section 1250.21 was removed by Ordinance 47-2017.

1250.22 TREES NOT PERMITTED.

For a list of approved and prohibited species reference the Department of Public Service “Street Tree Brochure”.

(Ord. 47-2017. Passed 5-2-17.)

1250.23 WALLS AND BERMS.

For those use districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a residential district, an obscuring wall or landscaped berm as required.

Walls and Berms
Height	INS	C-1	C-2	C-3	C-4	OS	I-1	I-2	PBP
5 Feet		--	--			--
6 Feet	--			--	--				--
6 to 8 Feet							--	--

(Ord. 26-2006. Passed 3-7-06; Ord. 151-2007. Passed 10-2-07.)

1250.24 PLANTING FOR WALLS AND BERMS.

Whenever a wall or berm is required, deciduous trees shall be planted in the ground adjacent to the wall on the nonresidential side spaced not less than thirty (30) feet on center. If a berm is used, the trees may be planted on the berm.

(Ord. 26-2006. Passed 3-7-06.)

1250.25 WALL HEIGHT VARIANCE.

The City may, in unusual circumstances, permit a wall or berm to be less than the height required if no good purpose would be served by the height required by this Zoning Code. In making such determination, the City may consider the following:

(a) The height of existing nearby walls;

(b) The effectiveness of the wall in screening adjacent property;

(c) Variation in height would result in a significantly better-appearing wall when the length, in the opinion of the City, is excessive;

(d) The characteristics of the area being screened.

(Ord. 26-2006. Passed 3-7-06.)

1250.26 WALL LOCATION.

(a) In those instances where a required wall is located generally parallel to a public street right-of-way and within fifty (50) feet of the right-of-way, the City may require that the wall be designed so that it provides a varying setback or distance from the right-of-way. This may take the form of a serpentine wall, a wall with offsets in its alignment or some other means of providing variety. The use of plant materials in conjunction with the wall is encouraged and may be required.

(b) Required walls shall be located along the lot line except where underground utilities interfere and except in instances where this Zoning Code requires conformance with front yard setback lines in abutting residential districts.

(c) Upon review of the site plan, the City may approve an alternate location for the wall or may waive the wall or deciduous trees requirement if in specific cases it would not serve the purposes of screening the area effectively or where it is determined that the adjoining property is indicated on the future land use plan as a nonresidential area.

(d) Required walls may, upon approval of the City, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration. (Ord. 26-2006. Passed 3-7-06.)

1250.27 BERM CONFIGURATION AND MAINTENANCE.

(a) Berms shall be landscaped earth mounds, the same height as required for walls with a maximum slope of 3:1 (three (3) feet horizontal to one (1) foot vertical). All berms shall have a nearly flat, horizontal area at their highest point of at least two (2) feet in width.

(b) Berm slopes shall be protected from erosion by sodding or seeding. If slopes are seeded, they shall be protected by straw mulch, hydromulching or netting specifically designed to control erosion until the seed germinates and permanent lawn is established. The berm area shall be kept free from refuse and debris and shall be planted with shrubs, trees or lawn and shall be maintained in a healthy, growing condition.

(c) A planting plan and grading plan shall be prepared for the berm and shall be reviewed by the City. Plant materials within the berm area shall be installed in accordance with requirements for landscaping as set forth in Section 1250.09.

(Ord. 26-2006. Passed 3-7-06.)

1250.28 WALL AND BERM REVIEW.

(a) Review of walls and berms shall be provided by the City as part of site plan review.

(b) Where site plan approval by the Planning Commission is required the Planning Commission will provide such review.

(Ord. 26-2006. Passed 3-7-06.)

1250.29 SIGN REGULATIONS.

The purpose of this Chapter is to permit and regulate signs of all types in all zoning districts. The intent is to enhance the physical appearance of the City of Perrysburg, to preserve scenic beauty and architectural history, and to create an appearance that is attractive to business while preserving the general health, safety and welfare of the City. It is further intended to improve traffic safety by avoiding the distractions from disorganized or confusing presentation of signs. (Ord. 40-2013. Passed 4-9-13.)

1250.30 DEFINITIONS.

As used in this Chapter:

(a) Area of Sign: The entire area enclosing the extreme limits of the message(s), comprised of writing, representation, emblem or any figures of similar character, together with any frame or other material or color forming an integral part of the display, excluding the necessary supports or uprights on which such sign is placed, provided that:

• Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back and are at no point more than three (3) feet from one another, the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area.

• The necessary uprights or structures used to support a freestanding sign shall be excluded from the calculations of sign area, provided that the surface is not, by definition, a sign and provided further that the area of the support structure does not exceed fifty percent (50%) of the area of the sign being supported.

(b) Facade: The exterior of the wall or walls of a building facing in one (1) direction. For purposes of sign regulation, there shall not be more than four (4) facades per building.

(c) Freestanding Sign: Any and every sign erected on or affixed to the land and any and every exterior sign that is not attached to a building.

(d) 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. See Special Approval Uses "Landmark Feature/Signage".

(e) Marquee Sign: A sign attached to a marquee.

(f) Multi-Occupant Property Sign: A free standing sign which identifies three or more leasable tenant spaces or three or more businesses or organizations, with separate outside entrances.

(g) Nameplate: A sign which typically is used for the name of a single resident, business or institution, phone number, hours of operation, logo or other identifying symbol.

(h) Projecting Sign: A sign that is attached to a building and which projects out from the building wall so that the sign is generally at right angles to the building wall.

(i) Roof Sign: A sign erected upon, against or directly above a roof on the top of or above the parapet of a building.

(j) Sign: Any words, numerals, figures, devices, designs, pictures or trademarks, painted upon or otherwise affixed to a building, wall, board, plate or any other structure for the purpose of making anything known. The definition of a sign shall not include the following:

• Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers or names of occupants of premises;

• Flags and insignia of any government.

• Legal notices, identification information or directional signs erected by governmental bodies.

(k) Temporary Sign: A sign that is not permanently affixed to the ground or a structure and maintained in good condition.

(l) Temporary Window Sign: A sign installed inside a window or door window and intended to be viewed from the adjacent public streets and not constructed nor intended for long-term use.

(m) Wall Sign: A display that is painted on or attached directly to the building wall, window, awning, or door, parallel to the wall to which it is attached.

(n) Warning Sign: A sign placed on private property that provides admonitions as to no trespassing, no dumping, danger, or similar warnings.

(Ord. 103-2017. Passed 12-5-17.)

1250.31 CONDITIONS APPLICABLE TO SIGNS IN ALL DISTRICTS.

(a) Signs, as defined by this Chapter, may be erected or located in any use district subject to the conditions of this Chapter.

(b) No sign, except those established and maintained by governmental units and marquee or projecting signs where permitted, shall be located in, project into or overhang a public right-of-way or dedicated public easement.

(c) All directional signs required for the purpose of orientation, when established by governmental units, shall be permitted in all use districts.

(d) Warning signs shall be permitted in any use district provided that they do not exceed two (2) square feet in area and are spaced not closer than fifty (50) feet from each other.

(e) Signs shall not be placed within the "Clear Vision Zone" as provided in Section 1250.54.

(f) Illuminated signs shall not be the flashing, twinkling, blinking, or traveling type. Lighting shall be of constant intensity. Static images may not change more frequently than one (1) sign image every seven (7) seconds.

(g) Roof signs shall not be permitted in any district.

(h) The regulations of this Chapter shall not apply to signs clearly intended for providing directions or instructions for vehicular or pedestrian traffic within a zoning lot.

(1) Two signs shall be permitted at each driveway entrance or exit not within the public right of way and each sign may have a maximum height of forty-two (42) inches and a sign area of no more than three (3) square feet and contain no advertising.

(2) Other than signs provided for in Section 1250.31(h)(1), all other signs for direction or directory listings shall comply with the following:

A. Each sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height; and

B. The number of directional or directory signs is limited to one for each entrance or exit to the property; and

C. Lettering on the sign does not exceed ten (10) inches in height; and

D. The signs are not in a location and do not possess design characteristics that constitute or serve to attract attention beyond the perimeter of the zoning lot; and

E. A permit is required.

(Ord. 8-2025. Passed 2-18-25.)

(i) Signage shall be designed as a coordinated and complementary architectural element of the buildings to which it is principally related according to the Chart "Sign Criteria Do's and Don'ts".

Sign Criteria Do’s and Dont’s
For All Signs: 1. Do use only fabricated materials that are of permanent quality and good durability for the intended period of display. 2. Property owners are to allocate permitted sign area among occupants and coordinate multiple signs on a zoning lot in compliance with this code.	For Freestanding Signs: 1. Do use architectural design elements or materials of the building. 2. Do use design embellishment. Upright structures, caps, bases and other embellishments designed as separate elements from the graphic message are encouraged and if not an integral part of the graphic message shall not be counted as sign area. 3. Do coordinate multiple occupant signs that display a directory or individual panels with one or more distinct common design element such as background color, similar size or font of lettering to show an overall design composition. 4. Multiple occupant signs shall use either a common background or common frame to contain the individual message of occupants. Better use of sign area is emphasis on a place name for more than 4 occupants. 5. Do use landscaping to soften the appearance of the sign base and designed to not obscure the message area of the sign. 6. Street numbers are encouraged to be displayed on the sign and do not count as sign area if less than two square feet. 7. Don't use a single pole for a sign taller than 42 inches without enclosing the pole within a solid base or enclosure that extends vertically to enclose the message area of the sign. 8. Don't use flashing or intermittent illumination, however, electronic images may be displayed with static images changing no less than each 7 seconds.
For Wall Signs: 1. Place sign within an architectural fascia that provides a sign band or panel which does not cover architectural features. If the building design does not clearly provide a sign band or fascia for placement of a sign panel, individual letters should be used. 2. Storefronts that have the appearance of a single building because of architecture and design are to have occupant signs that share common elements of placement or design.

(Ord. 40-2013. Passed 4-9-13.)

1250.32 PERMANENT SIGNS.

Permanent signs shall be permitted within the various use districts subject to the following conditions:

(a) The type, number, size and area of permitted signs shall be controlled as set forth in Table 1250.32(a) "Permanent Signs".

Table 1250.32(a) Permanent Signs Allowed					See Sections 1250.32(b)-(h) for explanation and restrictions				13-Dec
	Agricult ure	Retail Business Districts			Office Service & Special Districts	Industrial		Multi- Family	Single Family
District	A-1	C-1 & C-2	C-3 & C-4	C-3 & C-4	OS, PBP, INS, CO, UVO	I-1 & I-2	I-1 & I-2	R-5 & RM	R-1, R-2, R-3, R-4
Freestanding/Ground Sign
Maximum Height	10'	6'	If 10'	If 20'	6'	If 10'	If 25'	6'	Not Allowed
Maximum Size	24 SF	24 SF	then: 72 SF	then: 48 SF	48 SF	then: 72 SF	then 48 SF	32 SF
Location	25' setback	30' setbac k	10' setback	40' setbac k	10' setback	25' setbac k	50' setbac k	25' setback
Quantity	1 per street frontage	1	1 per street frontage, plus 1 for each add’l 500 feet.		1 per street frontage, plus 1 for each add’l 500 feet.	1 per street frontage		1
Add’l Signs			With 200' of freeway frontage: One add’l sign 60' ht., 200' SF area.		Multi-occupant properties & Planned Business Parks may have one sign meeting height, setback & area requirements of C3 & C4 Districts.
Permit Required?	N	Y	Y		Y	Y		Y
Wall Sign
Maximum Size	Not Allowe d	10% up to 75 SF per facade	10% of facade		10% up to 75 SF per facade	10% of facade		10% up to 75 SF	Not Allowed
Quantity		1 per facade up to 3	1 per facade up to 2 facades		1 per facade up to 3	1 per facade up to 2 facades		1
Add’l Signs		Within C-2: project ing sign; marqu ee sign.
Permit Required?		Y	Y		Y	Y		Y
Awning Sign
Maximum Size	Not Allowe d	Text and one emblem 35% of awning area and within total area of permitted wall signs.						Not Allowed	Not Allowed
Permit Required?	Not Allowe d	Y						Not Allowed	Not Allowed
Nameplate
Maximum Size		2 SF, text not more than 4" high
Quantity		One per public entrance
Permit Required?		N

(b) Street numbers shall not be counted as a sign when located on a building wall or permitted freestanding sign. Street numbers shall also not count as sign when displayed on a standalone sign not more than two square feet in area with no other text, and no setback from the right of way is required. Street numbers may not be placed on any penthouse or architectural feature above the highest point of the roof or parapet.

(1) Table 1250.32(a) references freestanding signs allowed per zoning lot.

(2) The minimum frontage for a freestanding sign is 50 feet of lot width.

(3) One additional freestanding sign is permitted for every 500 feet of street frontage or fraction thereof for lots greater than 500 feet. Signs on the same lot shall be separated by at least 200 feet. For corner lots each street frontage shall be calculated separately and each sign shall be oriented to each respective street.

(4) The height of a sign shall be measured from the average natural grade at the base of the sign or support structure to the tallest element of the calculated sign area. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from a height no more than one foot above the average site grade.

(5) The minimum setback is 15 feet for permitted signs from freeway right of way.

(6) Single pole signs are prohibited. Freestanding signs that exceed three (3) square feet in area shall be erected with a minimum of two supporting posts or on a solid base and shall be erected in a landscaped setting and not on sidewalks, drives or in parking lots.

(d) Wall Signs.

(1) The quantity of wall signs permitted shall mean one sign per ground floor occupant and shall not exceed the number of occupants having occupied space abutting the wall facade having the sign.

(2) A wall sign is not permitted on a façade facing a residential district unless such district is separated from the non-residential district by a street.

(3) Signs may not be placed on or attached to a roof nor extend above the eave of a roof, except when a roof is so nearly vertical as to resemble a wall. However signs attached to such a roof shall not extend below the roof nor within one foot of the top of the roof.

(4) In no case shall a wall sign project more than eighteen inches (18") beyond the wall to which it is attached, notwithstanding a projecting sign, nor be placed on any penthouse or other architectural feature so as to extend above the highest point of the roof or parapet.

(e) Projecting Sign. A sign may project four inches (4") per front foot of building façade measured to the nearest side line of the building up to a projection of forty-two (42") and no closer than two feet (2') to the street curb measured horizontally. The minimum distance between the bottom of the sign and the ground shall be eight feet (8').

(f) Awning Sign. A sign on an awning may consist of text and one graphic emblem which together shall not exceed an area thirty-five percent of the awning face on which the sign is placed. The identical sign may be placed on multiple awnings but the total area of awning signs shall be considered part of the total permitted sign area of a building.

(g) Nameplate Sign. One nameplate sign is permitted at each exterior entrance available for use by customers, patrons, or the public and does not include service or employee entrances.

(h) Marquee Sign. A marquee sign shall be limited to an area equal to or less than thirty-three percent (33%) of the vertical face of the marquee upon which the sign is placed.

(Ord. 40-2013. Passed 4-9-13.)

1250.33 TEMPORARY SIGNS.

Temporary signs shall be permitted within the various use districts subject to the following conditions:

(a) The type, number, setback, height and area of temporary signs shall be controlled as set forth in Table 1250.33(a) "Temporary Signs":

Table 1250.33(a) Temporary Signs Allowed
Within Non-Residential Districts	Number of Signs	Max. Size	Location & Height	Permit Y/N
Window Sign	unlimited	No more than 25% window coverage on facade		N
Wall or Freestanding	unlimited	48 SF (total)	Freestanding- 5' setback; 8' height. Wall - No higher than eve or parapet	N


Within Residential Districts
Freestanding Signs or flags	Unlimited	48 SF (total)	Freestanding - 5' setback; 8' height. Wall - no higher than eve or parapet.	N

(b) Corner Clearance: Temporary signs shall not be located within a clear vision zone.

The clear vision zone is intended to provide for unobstructed visibility for vehicles and pedestrians. The clear vision zone is defined in accordance with the above illustrations and contains the area within the dashed lines. Figure 1 shows the dimensional calculations of the clear vision zoned while Figure 2 shows the resulting shape of the clear vision zone.

(c) Projection Into Right-of-Way: No temporary sign shall be located within or above any public right-of-way nor project beyond the property line unless approved by City Council.

(d) Damaged or Unsafe: Any temporary sign found by the Zoning Inspector to be in a torn or damaged condition must be removed by the owner within three (3) days after receipt of notice to do so from the Zoning Inspector. A sign found to be in an unsafe condition shall be removed by the owner within twenty-four (24) hours after verbal notification by the Zoning Inspector.

(e) Moving, Illuminated or Flashing Signs: Moving or illuminated temporary signs shall be prohibited.

(Ord. 103-2017. Passed 12-5-17.)

1250.34 ENTRANCEWAY STRUCTURES AND SIGNS.

Entranceway structures, for the purpose of supporting signs that identify developments which may be served by minor public streets or private places such as subdivisions, multiple-family developments, industrial or office parks may be permitted. Such structures and signs shall be approved and a permit issued subject to the following restrictions:

(a) The entranceway structure shall be necessary in order to identify a development in which individual parcels or uses are accessible only by way of public streets that serve more than two (2) zoning lots or by way of private places or drives that serve more than two (2) separate and distinct principal uses.

(b) Such structures may be located within the right-of-way that is perpendicular to an arterial or collector street which provides access to a subdivision plat, site condominium, multiple-family development, office or industrial park, mobile home park, or other planned development. The sole exception will be those entranceway structures within a UVO designated area and detailed within the UVO design/ development standards.

(c) Such structure may be located within a required setback provided it shall be set back a minimum of twenty-five (25) feet from any edge of pavement or back of curb, and the location meets the requirements of Section 1250.54 (Clear Vision Zones).

(d) The size of entranceway structures, including supporting structures, shall be limited as follows:

(1) In the A-1, R-1 through R-5, and RM districts, the maximum dimensions permitted shall be ten feet high and twenty feet long.

(2) In the nonresidential districts, the maximum dimensions permitted shall be ten (10) feet high and twenty (20) feet long, but, may not exceed ninety (90) square feet in total area.

(3) Entranceway structures and signs may be located only in yards or right of way adjacent to streets entering the development indicated on the sign.

(4) Entranceway structures that are to be located on individually owned parcels rather than on parcels that are part of an overall development, may be allowed only in a private easement dedicated for such purposes and provided that appropriate provision has been made to assure continued maintenance of the structure.

(5) The area of sign shall be limited to 18 square feet in districts A-1, R-1 through R-5, 32 square feet in RM districts and 48 square feet in non-residential districts. The sign area shall be determined by measuring the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure or similar character.

(Ord. 40-2013. Passed 4-9-13.)

1250.35 PROHIBITED SIGNS.

All signs not expressly permitted by this Code shall be prohibited. Such signs include but are not limited to the following:

(a) No mobile signs shall be erected, constructed, displayed or maintained except those on commercial delivery and service vehicles. Such vehicles shall not be parked in any district closer to the street than the front line of the principal building, unless the principal building has no side or rear parking in which case such vehicles may not be parked closer to the street than half the distance from the front edge of the parking lot to the building front façade.

(b) Flashing, moving, inflatable, blinker, racer type, intermittent, rotating, moving or revolving signs, whirligig devices, tethered inflatable signs, pennants, non-governmental flags, ribbons, streamers, spinners, and other similar types of attention getting devices.

(c) Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes.

(d) No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved by the City as a sign support.

(e) Permanent signs erected or attached to accessory structures.

(Ord. 40-2013. Passed 4-9-13.)

1250.36 SIGN PERMITS.

(a) Permits Required: No sign shall be erected or altered until approved by the Zoning Inspector, after paying a fee and issuance of a permit unless otherwise exempted in this Chapter. A new permit shall be required if such signs are relocated on the ground or are increased in surface area or dimension or change of copy.

(1) No sign for which a permit has been issued shall thereafter be moved to another location within the City nor shall it be structurally altered in any way without the approval of the official or board that granted the original permit. An additional fee shall be paid at the time of application for permission to move or alter each such sign.

(2) If a sign is proposed to be located within a Historic District, the Zoning Inspector shall require a Certificate of Appropriateness for submission to the Historic Landmarks Commission for review and approval.

(b) Assurance of Discontinuance: As an additional means of enforcing this Zoning Code, the Zoning Inspector may accept an assurance of discontinuance of any act or practice deemed to be in violation of this Zoning Code or of any rule or regulation adopted pursuant hereto from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall specify a time limit during which such discontinuance shall occur. Failure to perform such assurance shall constitute prima facie proof of a violation of this Zoning Code, or of any rule or regulation adopted pursuant hereto, or of any order issued pursuant thereto, which makes the alleged act or practice unlawful, for the purpose of securing any injunctive relief from a court of competent jurisdiction.

(c) Effective Period: Every sign permit issued by the Zoning Inspector shall become null and void if the sign is not erected within one hundred and eighty (180) days from the date of such permit. If construction authorized by such a permit is suspended or abandoned for one- hundred and twenty (120) days any time after the construction is commenced, another permit shall be obtained before work is recommenced. The fee for such additional permit shall be one-half (½) the amount required for a new permit for such construction, provided that no changes have been made in the original plans. Such permit shall not be unreasonably withheld, provided that proper application is made and the fee paid.

(d) Revocation: The Zoning Inspector may, in writing, suspend or revoke a permit issued under this Chapter whenever the permit is issued on the basis of a misstatement of fact or fraud. When the Zoning Inspector denies a sign permit, he or she shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.

(e) Permit Fees: An application for a permit shall be filed with the Zoning Inspector, together with a fee for each sign. The fee schedule shall be as determined from time to time by City. (Ord. 40-2013. Passed 4-9-13.)

1250.37 OTHER ADMINISTRATIVE PROCEDURES.

(a) Abandoned Signs: Except as otherwise provided in this Zoning Code, any sign located on a zoning lot that becomes vacant or unoccupied for three (3) months or more or any sign which pertains to a time, event or purpose that no longer applies to the zoning lot, shall be deemed to have been abandoned. Permanent signs applicable to an occupancy temporarily suspended because of a change of ownership or management shall not be deemed abandoned unless the zoning lot remains vacant or unoccupied for a period of six (6) months or more. Any nonconforming sign that, for a period of three (3) consecutive months, advertises goods, products, services or facilities no longer available or that directs persons to a location where such goods, products, services or facilities are no longer available shall be deemed to have been abandoned.

(b) Removal of Signs by the Zoning Inspector:

(1) The Zoning Inspector shall cause to be removed any sign that endangers the public safety, such as but not limited to, an abandoned, dangerous or materially, electrically or structurally defective sign or a sign for which no permit has been issued. The Zoning Inspector shall prepare a notice describing the sign, specifying the violation involved, and stating that if the sign is not removed or the violation is not corrected within ten (10) days, the sign shall be removed in accordance with this Chapter.

(2) Notices mailed by the Zoning Inspector shall be sent by certified mail. Time periods provided in this Chapter shall commence on the date of the receipt of the certified mail.

(3) If known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property. For all other signs, the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll.

(4) Notwithstanding the above, in cases of emergency, the Zoning Inspector may cause the immediate removal of a dangerous or defective sign without notice.

(1) Any sign removed by the Zoning Inspector pursuant to this Zoning Code shall become the property of the City and may be disposed of in any manner deemed appropriate by the City. The cost of removal of the sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property. Such debt may be recovered in an appropriate court action by the City or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the City in connection with removal of the sign.

(2) If the Zoning Inspector determines that such sign would cause an imminent danger to the public safety, and if contact cannot be made with the sign owner or the property owner, the service of a written notice shall not be required. In such emergency the Zoning Inspector may correct the danger with costs assessed against the sign owner or property owner.

(d) Conflict of Laws: If any portion of this Chapter is found to be in conflict with any other provision of this Zoning Code or with the provisions of any building, fire, safety, or health code of the City, the provision establishing the higher standard shall prevail.

(Ord. 40-2013. Passed 4-9-13.)

1250.38 NONCONFORMING SIGNS.

(a) It is the intent of this section that the continued use of nonconforming signs shall not be encouraged.

(b) A nonconforming sign shall immediately lose its nonconforming designation if:

(1) The structure of the sign is altered in any way, which tends to or makes the sign less in compliance with the requirements of this Zoning Code than it was before the alteration.

(2) The sign is relocated to a position making it less in compliance with the requirements of this Zoning Code.

(3) The sign structure is replaced.

(4) After the date of December 31, 2022 any change is made to the sign face, its message or structure.

(c) On the occurrence of any one of one (1), two (2), or three (3) the sign shall be immediately brought into compliance with this Zoning Code with a new permit secured therefore, or the sign shall be removed.

(d) Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from the provisions of this section regarding safety, maintenance and repair of signs; provided however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which does not conform with the provisions of this Code.

(Ord. 40-2013. Passed 4-9-13.)

1250.39 VARIANCES.

Board of Zoning Appeals: Notwithstanding any contrary language in this code, the City's Board of Zoning Appeals shall have jurisdiction to hear requests for a variance relating to the height, area, and setback of signs from the otherwise applicable terms of Sections 1250.31 and 1250.32 of the Codified Ordinances.

Any appeals pursuant to this provision shall be governed by the procedural requirements otherwise applicable to other appeals to the City's Board of Zoning Appeals.

In granting such a variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Code.

The Board of Zoning Appeals may grant a variance only if it finds that all of the following apply:

(a) That the literal enforcement of the requirements of this chapter would involve practical difficulties based on the presence of special conditions and circumstances which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district. A finding of such special conditions or circumstances shall be based on a review of factors including but not limited to the following:

(1) Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter or amendment; or

(2) Exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or

(3) The impact on the property of uses or development of immediately adjoining property or properties.

(4) Whether the applicant was aware of the relevant code limitation when the property was sold or leased to it.

(5) Whether the property in question will yield a reasonable rate of return in the absence of the proposed variance, or whether there can be any beneficial use of the property without the proposed variance.

(6) Whether the issue could be resolved by some other method, even if this alternate method is less convenient or most costly to achieve.

(b) That granting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this chapter, and is the minimum variance necessary to provide relief.

(d) That the variance as granted would not confer on the applicant any special privilege, or deprive the applicant of rights, when compared with those rights commonly enjoyed immediately adjoining properties;

(e) That the variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable.

(Ord. 40-2013. Passed 4-9-13.)

1250.40 RESERVED.

EDITOR’S NOTE: This section is reserved for future legislation.

1250.41 STORAGE OF RECREATIONAL EQUIPMENT OR TRAILERS.

(a) The parking or storage of any recreational equipment or trailer in any residential district shall be subject to the following:

(1) Permitted between April 1st and October 31st of each calendar year in a front or side yard on an impervious and dustless surface or in a rear yard, provided that the vehicle is not closer than five (5) feet to any lot line including the front lot line.

(2) Not permitted between November 1st and March 31st of each calendar year, except in a rear yard and then only if the vehicle is not closer than five (5) feet to any lot line.

(3) No recreational vehicle shall be used for living, sleeping, or housekeeping purposes in any zoning district and shall not be connected to sewer, water or electrical service.

(4) State license plates, where required, shall be current and properly displayed.

(5) Storage of a recreational vehicle, boat or trailer shall not constitute or be a part of any business.

(6) No more than one (1) recreational vehicle, boat or trailer shall be parked or stored on premises used as a single-family residence or used for residential purposes.

(7) No recreational vehicle, boat or trailer that is in an inoperable condition, or that is not licensed, shall be permitted on any residential property for more than forty-eight (48) hours, unless it is in an enclosed garage.
(Ord. 11-2023. Passed 3-21-23.)

1250.42 FENCES, WALLS, HEDGES AND SCREEN PLANTINGS.

(a) The following regulations shall apply to fences, walls, hedges, and screen plantings.

(1) A permit is required for the installation of any fence.

(2) The posts and all other supporting portions of fences shall be placed on the side of the fence facing the interior of the property owner installing the fence.

(3) The height and location of a fence, wall, hedge, or screen planting (used to separate or demarcate a boundary) shall conform to the style/dimensional chart.

(4) For fencing purposes the side yard shall consist of the area between the front of the house to the midpoint of the side yard. Any portion of yard between the midpoint of the house and the rear facade of the home shall constitute a rear yard for fencing purposes only.

(5) Fence posts shall not exceed the maximum permitted height of the fence by more than four (4) inches.

(6) The measurement of the height of a fence shall be made from the ground surface at the bottom of the fence.

(7) All fences or screens within the Historic District shall require review and approval by the Historic Landmarks Commission.

(8) Fences 6' or less in height must be installed or maintained at least 4" from property lines. If taller than 6', a 12" setback from property lines shall apply.

(9) Chain-link fencing is prohibited in any front yard.

(10) Barbed wire is prohibited.

(11) Above ground electric fencing is permitted in Al districts only.

Fences and Walls

	Location & Maximum Height
Zoning District	Front Yard							Side Yard	Rear Yard
	4'	6'	8'	4'	6'	8'	4'	6'	8'
R-1-R-5	P	Z	*	P	Z	*	P	P	*
RM	P	*	*	P	P	*	P	P	Z
A1	P	Z	*	P	Z	*	P	P	*
C1	*	*	*	P	Z	*	P	P	*
C2	P	*	*	P	Z	*	P	P	*
C3	P	Z	*	P	Z	*	P	P	*
C4	P	Z	*	P	Z	*	P	P	*
I1	P	Z	*	P	Z	*	P	P	Z
I2	P	Z	*	P	P	Z	P	P	Z
INS	P	Z	*	P	Z	*	P	P	Z
OS	P	*	*	P	*	*	P	P	*
P	P	P	P	P	P	P	P	P	P
PBP	P	Z	*	P	Z	*	P	P	Z
S1	*	*	*	*	*	*	*	*	*

P = Permitted, Z = Requires BZA Approval, * = Not Permitted

Hedges and Screen Plantings

Location & Maximum Height

Zoning District

Front Yard**

Side Yard

Rear Yard

>8'

R-1 - R-5

INS

PBP

P = Permitted, Z = Requires BZA Approval, * = Not Permitted, ** = If the property has “two front yards” one front yard may be designated as a side yard, exclusively for this purpose, and have hedges and screen plantings with BZA approval.

(Ord. 6-2022. Passed 1-18-22.)

1250.43 EXTERIOR LIGHTING.

(a) The following exterior lighting shall be permitted in any use district:

(1) In any use district, light sources with lamps rated at a total of not more than fourteen hundred (1,400) lumens shall be permitted, except for flood or spotlights.

(2) Flood or spot lights used for the external illumination of buildings or signs with lamps rated at one thousand (1,000) lumens or less, shall be permitted in any use district provided that such lighting is not aimed, directed or focused toward residential districts or uses or toward a public street so that there is no interference with the vision of persons on public streets or in residential districts.

(3) Exterior lighting with lamps more than one thousand (1,000) lumens will be permitted provided that the light source is down-lit to reduce intensity and glare and is so arranged as to reflect lights away from all adjacent residential districts or uses and from adjacent public streets. Furthermore, the light diffusing media shall be totally shielded with opaque material on the top and all sides and the light source shall be parallel to the horizontal plane of the area to be lighted.

(4) Security lighting that is controlled by a motion detector and which does not remain on longer than ten (10) minutes after activation shall be permitted in any use district, provided that such lighting is not aimed, directed or focused toward residential districts or uses or toward a public street so that there is no interference with the vision of persons on public streets or in residential districts.

(b) Permitted exterior lighting in any use district shall be subject to the following conditions:

(1) Exterior lighting shall not cause luminance that is greater than one (1) foot- candle within two (2) feet of the wall of any main building in an adjacent or nearby R-1 through R-5 or RM district.

(2) All illumination of signs and any other outdoor features shall not be of a flashing, moving, or intermittent type. Artificial light shall be maintained stationary and consistent in intensity and color at all times when in use.

(3) When the abutting district is an R-1 through R-5 or RM district, the distance between the structure supporting the light source and the property line of such zoning district shall not be less than the distance between the top of the light source and the ground below the structure or building to which the light is attached.

(4) The distance between the top of any light source and the ground below the structure shall not exceed the following, in each use district:

Exterior Lighting

Height of Light Fixture

Zoning District

R-1

R-2

R-3

R-4

R-5

C-1

C-2

C-3

C-4

I-1

I-2

PBP

POS

UVO

INS

15 feet

20 feet

30 feet

35 feet

(5) Structures that support lighting fixtures, other than signs, may be permitted in any yard where off-street parking lots are permitted.

(6) Under-canopy lighting (such as gas station pump canopies) shall be flush mounted to provide down lit illumination and shall not be of such intensity as to cause interference with vision of persons on public streets or in residential districts.

(Ord. 26-2006. Passed 3-7-06; Ord. 151-2007. Passed 10-2-07.)

1250.44 SCREENING OF ROOFTOP EQUIPMENT.

(a) Penthouse or rooftop structures for the housing of elevators, stairways, tanks, heating, and air-conditioning equipment and other similar apparatus shall be screened from view by a penthouse or structure equal in height to the height of the equipment being screened and constructed of a building material compatible with the material used in the principal building. Satellite reception antennas shall be exempt from this requirement.

(Ord. 26-2006. Passed 3-7-06.)

1250.45 BUILDING WALL MATERIALS.

1250.46 EXTERIOR WALL MATERIALS.

The requirements, guidelines and standards set forth in this Chapter shall apply to any development or redevelopment of property within the zoning districts listed as commercial, office, industrial and special districts, within the City of Perrysburg.

(Ord. 26-2006. Passed 3-7-06.)

1250.47 STATEMENT OF INTENT.

(a) In the interest of promoting the general welfare of the community and to protect the value of buildings and property, the image and character of a community is considered important. It is recognized that the community should be visually attractive as well as financially prosperous and the manner in which a use is accomplished is as important as the use. The quality of architecture and building construction is important to the preservation and enhancement of building and property values, prevention of the physical deterioration of buildings, the promotion of the image of the community and the general welfare of its citizens. Architectural design and use of materials for the construction of any building shall be subject to the approval of the City.

(Ord. 26-2006. Passed 3-7-06.)

1250.48 EXTERIOR WALL MATERIALS STANDARDS BY ZONING DISTRICT.

(a) Architectural plans for buildings shall be submitted simultaneously with an application for site plan review. Documentation to be submitted shall include building elevations showing the building's design and exterior materials and any other information as deemed necessary to make a determination. Detailed information relating to any lighting or signage on the structure shall be provided, including backlit material or accent lighting. The architectural design shall be in accordance with the standards as contained in this Chapter.

(1) The table below outlines maximum amount of exterior wall material types by zoning district. These standards do not supersede similar provisions referenced in specific zoning districts or overlay districts and do not supersede requirements imposed by an ARC or the Historic Landmarks Commission. (Ord. 152-2007. Passed 10-2-07.)

(2) Maximum allowable wall materials permitted by zoning district shall consist of:

Wall Materials	Commercial						OfficeIndustrialSpecialInstitu- tional
	C-1	C-2	C-3	C-4	OS	I-1	I-2	PBP	P	INS
	Maximum % of Wall Coverage
Masonry/Stone
Face Brick	100	100	100	100	100	100	100	100	100	100
Split Faced or Ribbed Block	50	50	75	75	25	100	100	75	75	75
Stone	100	100	100	100	100	100	100	100	100	100
Precast Concrete	0	0	0	0	25	75	75	75	50	75
Concrete Formed In Place	25	25	25	25	25	75	75	50	50	50
Metal
Metal Panels	0	0	0	0	0	75	75	0	0	0
Metal Panels (Architectural)	10	10	30	30	25	75	75	50	0	30
Glass
Tinted or Reflective	25	25	75	75	75	75	75	75	50	75
Glass Block	25	25	25	25	75	75	75	50	50	50
Wood
Wood Siding	50	50	50	50	75	75	75	50	100	100

Wall Materials	Commercial							Office	Industrial				Special			Institu- tional
	C-1		C-2	C-3	C-4		OS		I-1		I-2		PBP		P		INS
	Maximum % of Wall Coverage
Finishes
EIFS System		25	25	50	50	50		75		75		75		50		50
Cement		25	25	50	50	50		50		50		50		50		50
Plaster		25	25	50	50	50		50		50		50		50		50
Stucco		25	25	50	50	50		50		50		50		50		50
Vinyl/Cement Fiber Board		25	25	50	50	100		50		50		50		100		100

(Ord. 152-2007. Passed 10-2-07; Ord. 35-2009. Passed 3-3-09; Ord. 102-2018. Passed 8-21-18; Ord. 28-2021. Passed 4-6-21.)

1250.481 BUILDING FACADES, STOREFRONTS, ROOFLINES AND COLORS.

(a) All facades of a principal building that directly face an abutting public street shall feature at least one customer entrance.

(b) Facades greater than 100 feet in length shall incorporate recesses and projections a minimum of three feet in depth and a minimum of 20 contiguous feet within each 100 feet of facade length. Windows, awnings, entry areas, and arcades shall total at least sixty percent (60%) of the facade length facing a public street.

(c) Smaller retail spaces that are part of a larger principal retail building shall be transparent between the height of three feet (3') and eight feet (8') above the walkway grade for no less than sixty percent (60%) of the horizontal length of the building facade. Windows shall be recessed and should include visually prominent sills, shutters or such forms of framing. Smaller retail spaces shall have separate outside entrances.

(d) Building facades shall include a repeating pattern that shall include no less than three of the following elements: color change, texture change, material module change, or expression of architectural or structural bay through a change in plane no less than twelve inches (12") in width, such as an offset, reveal, or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than thirty feet (30'), either horizontally or vertically.

(e) Roof lines shall provide variations to reduce the massive scale of these structures and to add visual interest. Roof lines shall have a change in height every 100 linear feet in the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top mechanical equipment from the public view.

(f) Facade colors shall be of low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited.
(Ord. 103-2007. Passed 7-10-07.)

(g) Building trim may feature brighter colors than facade colors, but illuminated tubing is prohibited.
(Ord. 137-2011. Passed 6-21-11.)

(h) Each principle building or tenant space shall have a clearly defined, highly visible customer entrance with a minimum of three of the following features: canopies, porticos, overhangs, recesses/projections, arcades, raised cornice parapets over the door, peaked roof forms, outdoor patios, display windows, architectural details such as tile work and moldings which are integrated into the building structure and design, integral planters or wing walls that incorporate landscape areas and/or places for sitting.

(Ord. 103-2007. Passed 7-10-07.)

1250.49 ACCESS CONTROLS AND PRIVATE ROADS. (REPEALED)

1250.50 ACCESS CONTROLS AND PRIVATE ROADS.

The intent of this Chapter is to provide standards, which will facilitate safe and efficient traffic movement and vehicular access in the City. The standards contained herein are intended to protect the public health, safety and welfare, including minimizing congestion and potential for accidents and better assuring accessibility to property under emergency conditions. The regulations and standards of this Chapter apply to all properties in the City. The requirements and standards of this Chapter shall be applied in addition to the requirements of the Ohio Department of Transportation, Wood County Engineer’s Office and other provisions of this Zoning Code.

(Ord. 26-2006. Passed 3-7-06.)

1250.51 CURB CUTS AND DRIVEWAYS.

Curb-cuts and driveways shall be located only upon the approval of the City and the appropriate County and State authorities as required by law; provided, however, such approval shall not be given where such curb-cuts and driveways shall cause an unreasonable increase in traffic hazards including, but not limited to, allowing adequate sight distance for ingress and egress.

(a) All plans for new, modified or replacement driveways shall require a zoning permit from the City prior to the start of any construction. Applications for driveways shall indicate the location and dimensions of the drive on either a site plan or a plot plan.

(b) All driveways shall meet the following standards:

(1) No permit shall be issued unless such driveways access is onto a public or private street or alley.

(2) Corner lots shall take their access from the street that presents the least hazard in the opinion of the Planning and Zoning Administrator.

(3) Culverts shall be installed in line with and at the same grade as the road ditch in the event there is no storm sewer system.

(4) Drives shall enter perpendicular to the existing public-street or private road.

(5) No portion of the driveway entrance within the right-of-way shall have a grade of greater than ten percent (10%) (one (1) foot vertical rise in ten (10) feet of horizontal distance).

(6) The driveway shall meet the clear vision standards of this Zoning Code.

(7) No portion of a driveway shall be closer than five (5) feet to a side or rear property line unless an authorized waiver (on file in the Planning and Zoning office) is provided indicating the permission from the adjoining property owner or if a waiver cannot be obtained a variance from the Board of Zoning Appeals can be sought.

(8) All portions of a driveway on private property shall be constructed of concrete, asphalt driveway pavers or similar dustless surface. In those instances where driveway pavers are utilized, a six (6) inch compacted depth of fine grade sand or screenings on top of six (6) inches of #411 stone shall be used for a total of twelve (12) inches of compacted base.

(9) Any portion of a driveway within the public right-of-way shall be constructed of six (6) inch plain concrete on a four (4) inch stone base or two (2) inch asphalt on a four (4) inch stone base. Pavers are not permitted.

(10) Concrete driveways shall require expansion joint to fully separate curbs and sidewalks in accordance with Section 1022.15

(11) The location of new driveways shall conform to road improvement plans or corridor plans that have been adopted by the City, Wood County, or Ohio Department of Transportation.

(12) All driveways shall continue at full width across the private property line to a main structure or an accessory structure located on the private property.

(13) All driveways are required to have a plain six (6) inch thick concrete sidewalk installed through the driveway and extending one (1) foot on each side of the driveway that is physically separated from the driveway by expansion joint.

(c) Residential Driveways. In addition to Section 1250.51(b), residential driveways shall also meet the following standards:

(1) Residential driveways shall be a minimum of fifty (50) feet from the nearest right-of-way line of an intersecting road or street, unless waived by the City.

(2) Residential driveways shall be a minimum of ten (10) feet wide and a maximum of twenty four (24) feet wide where it meets the curb, alley or street.

(3) Only one (1) access/curb-cut onto a public street shall be permitted.

(4) No driveway shall serve more than one (1) single family dwelling.

(5) The total area of a driveway shall not exceed thirty-five percent (35%) of the area of the front yard located on private property.

(d) Commercial Driveways. In addition to Section 1250.51(b), commercial driveways shall also meet the following standards:

(1) Vehicle ingress and egress points shall not be closer than one-hundred (100) feet to the intersection of any two (2) public streets, or closer than eighty (80) feet to an adjacent driveway within a commercial or industrial district.

(2) New driveways shall align with existing or planned driveways, where reasonable and practical. This shall only be required if the resulting alignment provides safe access and if all other requirements of this Zoning Code are met.

(3) No driveways providing access to nonresidential uses and structures shall cross residentially zoned property.

(4) Commercial driveways shall be a maximum of thirty-five (35) feet wide where it meets the curb, alley or street unless waived by the City Engineer after determining additional width is necessary to navigate the turn.

(e) Existing Non-conforming Driveways.

(1) A residential driveway is considered non-conforming if any of the following conditions exist:

A. The driveway has a width greater than twenty-four (24) feet where it meets the street or alley.

B. The driveway coverage area exceeds thirty-five percent (35%) of the front yard.

C. The driveway has more than one (1) access point or curb cut to a street or alley.

D. The driveway is constructed of a material other than asphalt, concrete or impervious pavers.

E. The driveway is closer than five (5) feet to a side or rear property line.

(2) If an existing non-conforming residential driveway is being replaced, the Planning and Zoning Division must perform an on-site inspection of the driveway to be replaced and document the dimensions of the current driveway prior to it being removed. Failure to allow for this on-site, pre-inspection of a non-conforming driveway shall require the new driveway to conform to all current requirements. In the event that an existing driveway is found to be in conflict with Section 1250.51(c)(1) the driveway shall not be permitted to be replaced in its existing location and must conform to all current requirements.

(f) Inspection. The City shall inspect all finished driveway work for compliance with applicable codes.

(g) Repair and Maintenance. Repair and maintenance of existing pavement shall be encouraged. For the purposes of these requirements repair and maintenance work shall be exempt from the permitting requirements of this code section providing that the work is limited to the following:

(1) Seal coating of existing asphalt.

(2) Removal and replacement of ten percent (10%) or less of the existing area of the surface.

(3) Leveling of an existing surface.

(4) Filling pot holes or repairing areas around drainage structures.

(h) Variances. Regarding driveways, the jurisdiction of the Board of Zoning Appeals shall be limited to chapter sections; 1250.51(b)(7), 1250.51(c)(2), 1250.51(c)(3), and 1250.51(c)(5). Only these subsections may be appealed to the Board of Zoning Appeals. Any appeal shall be treated as a variance and shall be subject to the requirements of Section 1275.02(c).

(i) Temporary Waiver. Regarding driveways, the City Administrator, with the concurrence of the Planning and Zoning Administrator, or their designee, and the City Engineer, or their designee, shall have limited jurisdiction to authorize a temporary waiver from the strict application of Section 1250.51(b)(13). Through this temporary waiver, the City of Perrysburg would agree to waive the sidewalk requirement for a new driveway until such time when sidewalks are installed in the subdivision or across the property. At that time of sidewalk installation, the owner(s), or their successors and assigns, shall agree to install sidewalks through the driveway at the property owner's expense to conform to the sidewalk requirements of the City.

(1) The City Administrator, with the concurrence of the Planning and Zoning Administrator, or their designee, and the City Engineer, or their designee, shall have the power to authorize a temporary waiver from the strict application of the provisions of this Zoning Code where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property or subdivision, the strict application of the regulations enacted would result in practical difficulties to the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Zoning Code. The City Administrator, with the concurrence of the Planning and Zoning Administrator, or their designee, and the City Engineer, or their designee, shall state the grounds upon which it justified the granting of a temporary waiver.

(2) The City Administrator, with the concurrence of the Planning and Zoning Administrator, or their designee, and the City Engineer, or their designee, shall grant such temporary waivers only if they find that at least three (3) of the following four (4) conditions [A. through D.] exist:

A. The property or subdivision in question contains exceptional topographic conditions or other extraordinary or exceptional conditions.

B. The essential character of the neighborhood would not be altered nor would adjoining properties suffer a substantial detriment as a result of the temporary waiver.

C. The temporary waiver would not adversely affect the delivery of governmental services.

D. The spirit and intent of this Zoning Code would be observed and substantial justice would be done by granting the temporary waiver.

(3) If a temporary waiver is granted, the Owner of the property, at the Owner's Sole Expense shall file a record of the temporary waiver with the Wood County Recorder's Office. No construction shall occur prior to the recording of the temporary waiver with the Wood County Recorder's Office and proof of said recording being submitted to the Planning and Zoning Division of the City of Perrysburg. If the Owner of the property fails to record the temporary waiver or provide proof of the recording to the City, the waiver shall be deemed invalid and the Owner shall strictly comply with all aspects of the Zoning Code. All temporary waivers shall run with the land and be binding upon all subsequent owners, their successors and assigns and shall be in place until such time when sidewalks are installed in the subdivision or across the property. (Ord. 52-2024. Passed 7-2-24.)

1250.52 LOTS TO HAVE ACCESS.

(a) All parcels or lots hereinafter created in the City shall have frontage on a public street or a private road easement or private place and take their lot access from such frontage so as to provide safe, convenient access for fire protection, other emergency vehicles and any required off-street parking.

(b) EDITOR’S NOTE: Former subsection (b) hereof was repealed by Ordinance 17- 2017.

(c) Private road easements shall be a minimum of sixty (60) feet wide, contain curves of no more than fifty (50) foot radius (measured from the easement centerline), be maintained to permit emergency vehicle access and constructed to City standards.

(d) All public streets, private road easement and public place locations shall be approved by the City.

(Ord. 26-2006. Passed 3-7-06.)

1250.53 DECELERATION LANES AND TAPERS.

(a) Where it can be demonstrated that a land use will generate daily driveway volumes along an arterial street in excess of one thousand (1,000) vehicles per day, a right turn taper, deceleration lane and/or left turn bypass lane may be required by the City. Such lanes shall be constructed to Ohio Department of Transportation standards.

(Ord. 26-2006. Passed 3-7-06.)

1250.54 CLEAR VISION ZONES.

(a) There shall be a clear vision zone, free of buildings, fences, walls, signs, structures and landscaping, at access points along public streets as follows:

(1) Intersection of Two (2) Streets: All corners shall maintain a clear vision zone between a height of thirty (30) inches and six (6) feet above the centerline elevation of the intersecting streets within a triangular area twenty-five (25) feet in length, measured along abutting street, with the third (3rd) side being a line connecting these two (2) sides. A nonobscuring fence may have a maximum height of thirty-six (36) inches in a clear vision zone.

(2) Non-Single Family Driveways: The sides of any driveway, except a driveway accessing a single family dwelling, shall maintain a clear vision zone formed at the corner intersection of a driveway, the two (2) sides of the triangular area being ten (10) feet in length measured along the street and the edge of the driveway and the third (3rd) side being a line connecting these two (2) sides.

(3) Trees, Landscaping, Signage and Fences: Trees may be permitted in the triangular area specified above, provided that limbs and foliage are trimmed so that they do not extend into the clear vision zone. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any driveway or road pavement within the triangular area. Signs shall not be permitted where they obstruct motorists' vision of regulatory signs, traffic control devices or street signs. No fence, wall, hedge, screen, sign or other structure or planting shall be higher than three (3) feet, measured above the centerline of either street or pavement within the clear vision zone.

(Ord. 134-2011. Passed 6-21-11.)

1250.55 MODIFICATIONS.

The required clear vision zone may be modified by the City with input, as appropriate, from City departments. Any revisions shall be based on the existence of traffic control devices, the functional classification of the streets involved, current or anticipated traffic volumes, traffic speeds, geographic or topographic conditions or a traffic engineering analysis using the standards of the American Association of State and Highway Transportation Officials (AASHTO).

(Ord. 26-2006. Passed 3-7-06.)

1250.56 SIDEWALKS AND PEDESTRIAN FACILITIES.

(a) Sidewalks shall be required in all zoning districts along public rights-of-way and in front of buildings where pedestrian activity is expected. Sidewalks shall be designed and constructed in conformance with the current standards of the City and all applicable State and Federal requirements to ensure reasonable accessibility by persons with a physical disability. Pedestrian facilities shall also be provided within the site to connect public sidewalks with building entrances to protect pedestrians in parking lots and to connect developments with adjacent developments where pedestrian travel is reasonably expected.

(Ord. 26-2006. Passed 3-7-06.)

(b) Drive aisles leading form the parking aisles to customer entrances shall be of different materials or stamped and color asphalt. The inclusion of such elements is attractive and the varying surface adds to the pedestrian safety by notifying drivers visually that they are entering a pedestrian area.
(Ord. 103-2007. Passed 7-10-07.)

1250.57 WASTE RECEPTACLES.

(a) Receptacles, including waste receptacles, waste compactors and recycling bins, shall be designed, constructed and maintained according to the standards of this section. Waste receptacle location and details of construction shall be shown for each proposed receptacle on site plans. A change in receptacle location or size shall require modification of the enclosure, as warranted by this section.

(1) Containers: Shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the buildings or projects they serve. For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.

(2) Location: Waste receptacles shall be located in the rear yard or non- required side yard, and shall be as far away as practical, and in no case less than twenty (20) feet, from any residential district and placed in such a way that they are not easily damaged by the refuse vehicle. The location and orientation of the waste receptacle and enclosure shall minimize the potential for the waste receptacle to be viewed from a public street or adjacent residential district.

(3) Protection: Bollards or similar protective devices shall be installed at the opening to prevent damage to the enclosure.

(4) Access: Waste receptacles shall be easily accessed by refuse vehicles without potential for damage to the enclosure or automobiles parked in designated parking spaces.

(5) Base Design: The receptacle base shall be at least ten (10) feet by six (6) feet and constructed of six (6) inches of reinforced concrete pavement. The base shall extend six (6) feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle.

(6) Lids or Covers: Each waste receptacle shall have an enclosing lid or cover.

(7) Screening: In addition to the requirements above, screening for waste receptacles shall be according to the following standards:

A. Outside trash disposal containers shall be screened on all sides with an opaque fence or wall, and gate at least one (1) foot higher than the receptacle, but no less than six (6) feet in height, whichever is higher.

B. Materials of the enclosure shall be constructed of brick; concrete or decorative precast panel with brick effect; a wooden enclosure, provided the lumber is treated to prevent decay; or a combination of these materials, as determined by the Planning and Zoning Administrator to be durable and suitable for outdoor use. The materials shall provide a similar or compatible appearance to the main building.

(Ord. 26-2006. Passed 3-7-06.)

1250.58 SWIMMING POOLS, DETENTION PONDS AND WATER GARDENS.

(a) Exempted Pools: All inflatable pools, kiddie pools, or those otherwise temporary in nature and which are seasonally erected and dismantled and not exceeding eighteen (18) inches in depth and/or a diameter of twelve (12) feet or less are exempt from the provisions of this Chapter. All hot tubs, whirlpools and similar devices shall meet all setback and other requirements of accessory uses.

(b) Swimming Pool Erection: All pools more than twenty (20) inches in depth shall be permitted as an accessory use. An application for a zoning permit shall be required to erect a swimming pool in the City of Perrysburg. Such application shall include the name of the owner and plans and specifications for the swimming pool, fence and other accessories.

(c) Location of Swimming Pools: Swimming pools, whirlpools, hot tubs or similar features shall be permitted in the rear yard or within the side yard if a variance is approved by the Board of Zoning Appeals (refer to definition of “lot, a corner” and “yards” in Section 1215.02).

In all cases, swimming pools shall maintain a minimum setback of five (5) feet from a property line to any deck or patio and of fifteen (15) feet to the water’s edge. In all cases, whirlpools, hot tubs or similar features shall maintain a minimum setback of five (5) feet from any property line. The allowable distance from a residence to the above features is subject to any applicable building codes. No such structures may be placed within recorded easements for any purpose.

(1) Water’s edge shall include any structures used to enter or exit the water that are located in or under the water at the water’s edge.

(d) Fencing: All swimming pools, ponds and water gardens in single family residential districts shall be completely enclosed by a fence or located in a yard which is completely enclosed by a fence of not less than four (4) feet in height for in-ground pools, nor more than seven (7) feet in height for above ground pools. Fencing shall be installed a minimum of four (4) feet from the outside wall of the swimming pool. Gates included in such fencing shall be self-latching with a lock. The requirement for fences around ponds or water gardens may be waived upon a finding that the pond has stable side slopes no steeper than three (3) horizontal feet to one (1) vertical foot, extending into the water to a depth of two (2) feet below the surface of the water at the lowest sustainable water level.

(e) Depth of Water Gardens: A water garden shall have a maximum depth of thirty-six (36) inches.

(f) Retention or Detention Ponds: All storm water retention or detention ponds in multiple residential dwelling, commercial, or industrial districts shall be designed in accordance with City engineering standards. Landscaping to screen such ponds may be required through site plan review.

(g) Code Compliance: All swimming pools shall comply with all building, electrical, plumbing and heating codes and regulations in effect in the City, County, State and Federal permits as applicable.

(h) Electrical Conductors and Wires: If electrical service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make arrangements with the utility involved for the relocation of such conductors or wires before a zoning permit shall be issued for the construction or installation of a swimming pool. Such relocation shall occur prior to using the pool. (Ord. 38-2021. Passed 7-6-21.)

1250.59 SATELLITE DISH ANTENNNAE.

(a) Satellite dish antennae over thirty-nine (39) inches in diameter in all residential districts shall meet the following:

(1) Roof-mounted antennae shall be located only on the rear one-half ( ½ ) of the roof (that portion of the roof furthest from the street upon which the residential building abuts) so that it will be screened from the street side.

(2) Roof-mounted antennae shall not project upward beyond the height in feet allowed for the main building within the district in which said satellite antennae dish is being placed.

(3) Ground-mounted antennae shall only be located in the rear yard and shall not extend into any rear extension of required side yards.

(4) Ground-mounted antennae shall not project upward more than twelve (12) feet.

(5) Zoning permits shall be required before any satellite dish antennae over thirty- nine (39) inches in diameter may be installed and the installation of the antennae shall conform to all requirements of the Zoning Code.

(b) Satellite dish antennae over thirty-nine (39) inches in diameter in all other districts shall meet the following:

(1) No ground-mounted antennae shall be permitted.

(2) Roof-mounted antennae shall not project upward beyond twelve (12) feet measured from the roof upon which it is mounted. The combined height of the building and antennae shall not exceed the maximum allowable height for a building designated for that particular district in which said antenna is to be mounted.

(3) Zoning permits shall be required before any satellite dish antennae over thirty- nine (39) inches in diameter may be installed and the installation of the antennae shall conform to all requirements of the Zoning Code.

(Ord. 26-2006. Passed 3-7-06.)

1250.60 TENNIS COURTS.

(a) Tennis courts shall be permitted in any agricultural or residential district as an accessory use, provided the following conditions and requirements are complied with:

(1) Each tennis court shall not exceed an area sixty (60) by one hundred twenty (120) feet.

(2) The tennis court may not be located, including walks and paved areas, closer than ten (10) feet to any property line of the property on which it is located.

(3) If a fence encloses such tennis court(s), the fence shall not exceed ten (10) 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 (20) feet from the property line. If any part of the fence is less than twenty (20) feet from any property line, evergreen shrubs or trees, a minimum of four (4) feet in height at the time of planting, shall be maintained as a screen between that part of the fence and the property line.

(4) A site plan shall be submitted to the Zoning Inspector and approved prior to the issuance of a zoning permit for this accessory use. The site plan shall indicate the court location and surface drainage flow directions.

(5) Tennis courts are permitted in the rear yard. No tennis court shall be in any side yard without the approval of the Board of Zoning Appeals. No tennis court shall be in any front yard without the approval of City Council.

(Ord. 26-2006. Passed 3-7-06.)

1250.61 ACCESSORY BUILDINGS AND USES.

(a) No accessory building or uses shall be located in any front or side yard setback except under unusual circumstances where such activity will not conflict with the intent and purposes of this Zoning Code or where enforcement would result in extreme hardship. Either exception shall require approval of the Board of Zoning Appeals.

(b) Accessory buildings, such as garages and utility buildings, may be located in a rear yard, provided that such buildings are separated from the main structure by at least ten (10) feet and are set back at least five (5) feet from the side and rear lot lines.

(c) Where an accessory building or structure is physically attached to a main building it shall be subject to and must conform to all regulations of this Chapter applicable to main buildings.

(d) No detached accessory structure or building shall exceed twenty (20) feet in height unless adhering to all requirements of a main building. In no case shall the height of an accessory building exceed the height of the main structure.

(e) The second story of an accessory building may be used for storage only and no part of such building shall be made habitable.

(f) The combined footprints of all accessory buildings on a lot shall not exceed the lesser of 5% of the lot size or 4,000 SF. However, the Board of Zoning Appeals may consider an exception to the maximum size requirement providing that the requested size does not exceed 8% of the lot size.

(g) Structures that support lighting fixtures, other than signs, may be permitted in any yard where off street parking lots are permitted.

(h) Portable storage unit containers (including but not limited to Conex boxes, semi-trailers, shipping containers, or similar portable storage unit containers) are prohibited accessory structure on any property located in the City of Perrysburg per this section and Section 1250.48(a) (2) Exterior Wall Materials Standards by Zoning District with the following exceptions.

(1) Portable storage unit containers (including but not limited to Conex Boxes, semi-trailers, shipping containers or similar portable storage unit containers) may be temporarily permitted on any property subject to the following conditions:

A. Size. A portable storage unit container shall not exceed 130 square feet in area with an overall length not to exceed sixteen (16) feet nor shall it be higher than eight (8) feet six (6) inches.

B. Setback. A portable storage unit container shall be set back from any front, side or rear property line a minimum of ten (10) feet, unless placed on an existing impervious driveway, and be set back from any structures on the property a minimum of five (5) feet. No portable storage unit container shall be positioned so as to create a sight obstruction for a roadway, alley or sidewalk and shall not obstruct the flow of pedestrian or vehicular traffic.

C. Duration. A portable storage unit container may be located on any property located in the City for a period not to exceed fifteen (15) consecutive days from time of delivery to time of removal. If a longer period of time is required, a permit must be obtained from the City. In any event, the use of the unit(s) for more than sixty (60) consecutive days within a twelve (12) month period shall be prohibited.

If the portable storage unit container is being used in conjunction with a project for which a zoning, building or other similar construction related permit has been issued for the property where it is placed, the unit may remain on the property until the completion of the project.

D. Frequency. No more than two (2) portable storage unit containers shall be located on a specific property at one time.

E. Maintenance. All portable storage unit containers shall be in good condition, free of evidence of deterioration, weathering, discoloration, rust, peeling paint, ripping, tearing or having holes or breaks.

F. Other circumstances. Portable storage unit containers shall not be used to store hazardous substances.

Portable storage unit containers shall be locked when not in active use.

(i) Subject to all otherwise applicable restrictions under the City's Codified Ordinances, use of dumpster/roll-offs (as defined in Section 1215.02(63.1)) is permitted on commercial, industrial, and institutional property, and is also permitted on residential property subject to the following conditions:

(1) Setback. A dumpster/roll-off shall be set back from any front, side or rear property line a minimum of ten (10) feet, unless placed on an existing impervious driveway, and be set back from any structures on the property a minimum of five (5) feet; however, the City at its discretion may grant written permission for an alternate location on the property upon a showing of good cause from a property owner. No dumpster/roll-off shall be positioned so as to create a sight obstruction for a roadway, alley or sidewalk and shall not obstruct the flow of pedestrian or vehicular traffic.

(2) Duration. A dumpster/roll-off may be located for a period not to exceed fifteen (15) consecutive days from time of delivery to time of removal. If a longer period of time is required, a permit must be obtained from the City.

If the dumpster/roll-off is being used in conjunction with a project for which a zoning, building or other similar construction related permit has been issued for the property where it is placed, the unit may remain on the property until the completion of the project.

(3) Frequency. No more than two (2) dumpster/roll-offs shall be located on a specific property at one time.

(4) Maintenance. All dumpster/roll-offs shall be in good condition, free of evidence of deterioration, rust, peeling paint, ripping, tearing or having holes or breaks. Nothing in this provision shall be interpreted to limit the effect of other legal regulations or restrictions, including but not limited to those applicable under Chapter 634 of the Codified Ordinances.

(5) Other circumstances. Dumpster/roll-offs shall not be used to store hazardous substances.

The contents of the dumpster/roll-off shall be secured so as to prevent the material from littering the neighborhood. Contact name, address and telephone information of the owner/disposal company shall be secured to the side of the dumpster/rolloff.

(Ord. 10-2022. Passed 2-15-22.)

1250.62 ESTABLISHING GRADE OF CERTAIN PARCELS AND LOTS.

(a) In any district not controlled by approved drainage plans that are consistent with the subdivision regulations, it shall be a condition precedent to the issuance of a zoning permit for a parcel or lot within the City that the grade shall be established equal to the average grade of the parcels or lots adjacent to the lot or parcel for which the zoning permit is applied.

(b) It is the intent of this Chapter to establish a grade of new building sites that is compatible with all other developed adjacent land and to alleviate the indiscriminate run-off of surface waters from a contemplated building site upon established parcels and lots.

(Ord. 26-2006. Passed 3-7-06.)

1250.63 NEWSRACK/DROP-BOX.

(a) No person shall place or maintain on any public sidewalk in the City, any newsrack or drop-boxes that do not comply with the following:

(1) No newsracks or drop-boxes shall exceed sixty-one (61) inches in height, thirty (30) inches in width or twenty-one (21) inches in thickness.

(2) No newsracks shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

(3) No drop-boxes shall be used for advertising signs or publicity purposes other than that dealing with the deposit of envelopes or packages therein.

(4) Each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he or she is unable to receive the publication for which he or she has paid. The coin-return mechanism shall be maintained in good working order.

(5) Each newsrack shall have affixed to it, in a readily visible place, so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction or to secure a refund in the event of a malfunction of the coin-return mechanism or to give the notices provided for in this section.

(6) Every newsrack or drop-box shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack or drop-box shall be serviced and maintained so that:

A. It is reasonably free of dirt and grease;

B. It is reasonably free of chipped, faded, peeling and cracked paint in the visible areas thereof;

C. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;

D. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discolorations;

E. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.

(7) No newsracks nor drop-boxes shall be placed or maintained which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part upon, along or over any portion of the roadway of any public street.

(8) No newsracks or drop-boxes shall be permitted to rest upon, in or over any public sidewalk, when such installation, use or maintenance endangers the safety of persons or property which such site or location is used for public utility purposes, governmental use or when such newsracks or drop-boxes unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location.

(9) No newsracks shall be chained, bolted or otherwise attached to any fixture located on the public sidewalk, except to other newsracks.

(10) No drop-boxes shall be chained, bolted or otherwise attached to any fixture located on the public sidewalk, except to another drop-box.

(11) Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight (8) feet along a curb and a space of not less than eight (8) feet shall separate each group of newsracks.

(12) Drop-boxes may be placed next to each other, provided that no group of drop-boxes shall extend for a distance of more than eight (8) feet along a curb and a space of not less than eight (8) feet shall separate each group of drop-boxes.

(13) No newsracks or drop-boxes shall be placed, installed, used or maintained:

A. Within three (3) feet of any marked crosswalk;

B. Within twelve (12) feet of the curb return of any unmarked crosswalk;

C. Within five (5) feet of any fire hydrant or other emergency facility;

D. Within five (5) feet of any driveway;

E. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6) feet;

F. Within three (3) feet of or on any public area improved with lawn, flowers, shrubs or trees or other landscaping.

(14) No newsracks shall be placed, installed, used or maintained within one hundred (100) feet of any other newsrack on the same side of the street in the same block containing the same issues or edition of the same publication. No drop-boxes shall be placed, installed, used or maintained within one hundred (100) feet of any other drop-box on the same side of the street in the same block.

(15) In the event a newsrack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned, and may be removed immediately and processed as unclaimed property.

(Ord. 26-2006. Passed 3-7-06.)

(16) A sidewalk permit shall be obtained from the City, issued by the Director of Public Safety.
(Ord. 135-2011. Passed 6-21-11.)

1250.64 NEWSRACKS IN HISTORIC DISTRICTS.

(a) In addition to the standards set forth in Section 1250.63 of this Zoning Code, the following shall apply to the Historic District:

(1) In the event that the publisher of a daily or weekly newspaper of general circulation owns or leases storefront property on Louisiana Avenue, then consideration may be given to the location of a newspaper rack in the public right-of-way, subject to review and approval of a sidewalk permit by the City’s Director of Public Safety as well as review and approval by the Historic Landmarks Commission.

(2) Except pursuant to the conditions stated above, no newsracks shall be located or placed in the public right-of-way within the Historic District except by the City.

(3) Newsrack corrals may be placed and maintained on a public sidewalk at such location or locations as deemed appropriate by the Planning and Zoning Administrator. The Planning and Zoning Administrator may approve any proposed location in the Historic District where, as determined by the Planning and Zoning Administrator, substantial pedestrian traffic, sidewalk congestion of the presence proximity of one to another suggests the need for limits on the placement of newsracks.

(4) The Planning and Zoning Administrator shall develop equitable criteria to allocate space within a newsrack corral, giving first priority to daily newspapers of general local circulation, weekly newspapers of general local circulation and then to other daily and weekly newspapers, in that order. No free commercial publications shall be permitted.

(Ord. 136-2011. Passed 6-21-11.)