Port Clinton City Zoning Code
CHAPTER 1151
Downtown Waterfront Overlay District
1151.01 INTENT AND PURPOSE.
(a) There is hereby created a Downtown Waterfront Overlay District in the City of Port Clinton Zoning ordinance. This District is created to promote and protect the public health, safety, comfort, convenience, and general welfare by providing for the consistent and coordinated treatment of the properties in proximity to Lake Erie and its tributaries within the corporate limits of the City of Port Clinton.
(b) The underlying zoning districts in the Downtown Waterfront Overlay area include the "R-3" Medium Density Residential District, the "IGOS" Institutional, Governmental and open Space District, the "CB" Central Business District, the "WB" Waterfront Business District, the "M-1" Light Manufacturing District, and the "M-2" Heavy Manufacturing District.
(c) Land use regulations control development, but at the same time, these regulations must allow for the City to attract and encourage investment within its boundaries. The Downtown Waterfront Overlay District does not change the existing zoning of the property within the geographic area that it covers, but it does create additional requirements and does limit the types of uses that may be permitted for the development or redevelopment of property within the Overlay area.
(Ord. 25-04. Passed 10-12-04.)
1151.02 CONFLICTS BETWEEN OVERLAY DISTRICT AND UNDERLYING ZONING DISTRICT.
Where conflicts occur between the Downtown Waterfront Overlay District requirements and those of the underlying zoning district, the Downtown Waterfront Overlay District requirements shall apply and prevail except in the Central Business District.
(Ord. 29-21. Passed 12-28-21.)
1151.03 DOWNTOWN WATERFRONT OVERLAY DISTRICT BOUNDARIES.
The boundaries of the Downtown Waterfront Overlay District are established and will be shown on the zoning map of the City of Port Clinton. A map depicting the boundaries of the Overlay district is included herein. The area includes all of the following property: the east boundary is Fulton Street including its imaginary extension to the waters of Lake Erie, the west boundary is Harrison Street extended to the south side of the Portage River, the north boundary is the waters of Lake Erie up to the mouth of the Portage River at which point the north boundary becomes the south shore of the Portage River as it heads westerly to Harrison Street extended, and the south boundary is the first alley south of Perry Street that runs from Fulton Street to Harrison Street.
(Ord. 25-04. Passed 10-12-04.)
1151.04 PLANS REQUIRED PRIOR TO APPLICATION FOR ZONING PERMIT.
Within the Downtown Waterfront Overlay District, a site plan approval from the Port Clinton Planning Commission shall be required prior to a zoning permit being issued by the City's Zoning Inspector. A site plan review and approval shall be necessary for all new development. Where an existing structure is enlarged by thirty (30) percent or more of the existing square footage in the structure, a site plan review shall also be required. The site plan review shall require the following process to be completed.
(a) Planning Commission Approval. Within the Downtown Waterfront Overlay District, all site plans shall be submitted to the Planning Commission for review and approval. Site plans shall meet all of the content requirements set forth when submitted. Incomplete site plan submittals may be returned to the applicant for completion prior to review by the Planning Commission. Site plan applications shall be obtained at the office of the Zoning Inspector in the City Complex at 1868 E. Perry Street in Port Clinton.
(1) To be considered by the Port Clinton Planning Commission, six (6) copies of the site plan application shall be submitted to the Port Clinton Zoning Inspector along with the required fee as established by City Council. Submission must be at least fifteen (15) business days prior to the regularly scheduled Planning Commission meeting. A public hearing where a review of the site plan shall occur will be scheduled for the next appropriate meeting of the Commission. The Zoning Inspector is responsible for distributing the site plan application to the Planning Commission members at least five (5) business days prior to the scheduled hearing. The Zoning Inspector shall follow the procedure specified in Section 1133.02(b) and (c) of the City Zoning ordinances to notify the public of the public hearing on the site plan.
(2) At the hearing, the Commission shall review the site plan and the hearing may be continued if the Commission requests additional information. Within fifteen (15) days of the conclusion of the hearing, the Planning Commission shall approve, conditionally approve, or disapprove the site plan application. When conditional approval is granted by the Planning Commission, all applicable conditions shall be met prior to the issuance of a zoning permit. The Planning Commission shall submit an approved copy of the site plan to the Zoning Inspector. The site plan must be approved in writing and shall be retained by the Commission as an official record of approval.
(3) Site plan approval shall be in effect for eighteen (18) months from the approval date. An applicant may request one (1) extension of the site plan approval from the Planning Commission for not more than one (1) additional year.
(4) A site plan approval by the Planning Commission shall not be required for a one-family dwelling, an addition to a one-family dwelling, or for an accessory structure to a residential use.
(5) A zoning permit must still be obtained by the applicant. Copies of all administrative actions shall be made available to the Planning Commission at the next regularly scheduled meeting. Enforcement of the terms and conditions of the site plan approval shall occur as specified in Chapter 1127.
(6) Prior to submitting a site plan, the applicant may request a pre- application conference with the Zoning Inspector and representatives of the Planning Commission. The purpose of the conference is to provide information about site plan requirements and provide guidance in preparing the site plan. No formal action shall be taken on the site plan at the pre-application conference.
(b) Site Plan Application Requirements. The following information shall be included on the site plan application:
(1) The name, address and telephone number of the owner, the owner's agent (if applicable) and the person preparing the site plan;
(2) A north arrow and scale (one inch equals fifty feet or larger);
(3) A location or vicinity map;
(4) The boundaries of the lot, dimensioned to the nearest foot, and the area of the lot to the nearest square foot.
(5) Existing and proposed land uses and zoning on the site, and existing land uses and zoning on adjacent parcels;
(6) Building locations and setbacks;
(7) Existing and proposed access to public or private rights of way with proper access management controls incorporated in the plan;
(8) Existing and proposed parking provisions;
(9) Information on any proposed structures, including dimensions, floor plans, elevations and specifications of facade building materials;
(10) The location and details of any proposed signs, including those proposed for building facades;
(11) Proposed landscaping plans and existing and proposed sidewalks;
(12) The floodway, flood boundary areas, and the base flood elevation shall be clearly labeled on the drawings;
(13) Identification of site drainage characteristic and storm drainage provisions;
(14) Buffering plans for the building and parking areas;
(15) An explanation of how building/facilities for things such as services, i.e. garbage collection, gas pumps, pump out, etc. will be handled.
Regardless of the requirements set out above, the Planning Commission may waive specific site plan information requirements if the requirements are judged to be inapplicable to a particular project or are judged to impose a special hardship on the applicant.
(Ord. 25-04. Passed 10-12-04.)
1151.05 COMPLIANCE WITH SITE PLAN APPROVAL.
All subsequent development on the site shall occur in accordance with the approved site plan, unless the Planning Commission approves a site plan amendment. A site plan amendment shall follow the same procedure as the original site plan approval. Any deviation from an approved site plan shall be deemed a violation of the site plan approval.
(Ord. 25-04. Passed 10-12-04.)
1151.06 REVOCATION OF SITE PLAN APPROVAL.
(a) Any site plan approval issued upon a false statement shall be voidable by action of the Planning Commission. Whenever the fact of a false statement shall be established to the satisfaction of the Planning Commission as evidenced by an affirmative vote of three-fourths of the members of the Planning Commission, the site plan approval shall be revoked. Upon the revocation of a site plan approval, the Planning Commission shall deliver a written notice of revocation to the holder of the revoked site plan approval, by personal service or by certified mail, with return receipt requested. If the holder of the revoked site plan approval cannot be located, then the written notice shall be served by posting the notice of revocation in a conspicuous place upon the premises.
(b) Any person who shall thereafter proceed with any work on or use of the premises without having obtained a new site plan approval, in accordance with these requirements, shall be guilty of a zoning violation.
(Ord. 25-04. Passed 10-12-04.)
1151.07 APPLICATION.
The following application shall be used for submission of a proposed development or redevelopment in any of the Waterfront Overlay Districts.
SITE PLAN/ZONING PERMIT APPROVAL SHEET Name of Person Requesting Site Plan Review: Signature: Address: City: Telephone: Location of Site: *** It is recommended that the Ottawa County Building Department review your site plan before submitting it to the City Planning Commission.*** Six (6) copies of Site Plan Received With Appropriate Fee: Zoning Inspector's Signature: Date: Planning Commission Approval: Date of Approval: Chairperson's Signature: Comments: SITE PLAN/ZONING PERMIT APPROVAL SHEET (CONT.) Zoning Inspector: Permit Issued: Date: Date: Signature: BUILDING PERMITS MUST BE ISSUED BY THE OTTAWA COUNTY BUILDING DEPT. IF CHANGES ARE MADE TO AN APPROVED SITE PLAN, A NEW APPLICATION AND ADDITIONAL FEE MUST BE PAID. CONSTRUCTION MUST BE DONE AS APPROVED. |
(Ord. 25-04. Passed 10-12-04.)
1151.08 PERMITTED USES.
All of the uses that are permitted uses in the various underlying zoning districts may be undertaken in the Downtown Waterfront Overlay District, except for the uses listed below.
Air Terminals
Airports
Animal Hospital
Automobile Sales and Service
Automobile Service Station
Automobile Repair & Storage
Boat Storage
Bottling Works
Bowling Alleys
Car Wash
Cemeteries
Child Care Centers
Cleaning Supplies Manufacturing
Contractor's Equipment Yards
Drive-in Restaurant
Driving Ranges
Electrical Maintenance
Farm Equipment Sales & Services
Floating Dwelling/ Floating Dwelling Community
Freight Terminals
Funeral Homes
Glassware Manufacturing
Golf Courses
Grain Product Processing
Greenhouses
Heliports
Hospitals, Nursing Homes, & Assisted Living
Ice Skating, Roller Rink, Skateboard Facilities
Incinerators
Instrument Manufacturing
Laundromat-Self Service
Laundry, Commercial
Laundry, Industrial
Lumber Yard
Machinery Manufacturing
Milk Products Manufacturing/Distribution
Mini Storage - Warehousing
Mining
Mobile Home Sales/Services
Movie Theater, Drive-in
Notions Manufacturing
Office Furniture Manufacturing
Office Machine Manufacturing
Paper Products Manufacturing
Paperboard Manufacturing
Plumbing & Heating Shop - Retail
Rest Homes
Shops
Sign Painting
Slaughterhouses
Swimming Pools, Commercial
Tennis Courts, Commercial
Terminals, Freight
Terminals, Marine Freight
Terminal Transfer
Travel Trailer Parks
Truck Stops
Warehousing, Industrial
Warehousing, Mini-Storage
Warehousing, Retail & Wholesale
(Ord. 22-08. Passed 10-14-08.)
1151.09 ACCESSORY BUILDINGS AND USES.
All accessory buildings and uses that are permitted in the underlying zoning district are permitted in the Downtown Waterfront Overlay District. Any detached accessory building shall have on all sides, the same architectural features or be architecturally compatible with the principal building that it serves.
(Ord. 25-04. Passed 10-12-04.)
1151.10 SETBACKS.
The front, side, and rear yard setbacks shall be the same as those required by the underlying zoning district, except for that portion of the lot that faces the waters of Lake Erie or the Portage River, where the setback shall be required to be twenty feet and used for landscape purposes only. When appropriate, the Planning Commission may require landscape buffers of five (5) feet along side property lines and buffers of ten (10) feet in width may be required along rights-of-way for all commercial development and expansions within the Downtown Waterfront Overlay District.
(Ord. 25-04. Passed 10-12-04.)
1151.11 PARKING.
The parking requirements of the underlying district shall apply for each permitted use except in the Central Business District. Parking is prohibited in that area of the lot that faces the waters of the Lake Eire or the Portage River. An effort shall be made to break up large expanses of pavement with landscaped plantings. Gravel lots shall be avoided and landscaped buffering shall be required to soften the view of cars in parking areas.
(Ord. 29-21. Passed 12-28-21.)
1151.12 LIGHTING REQUIREMENTS.
In reviewing the lighting plan, when lighting is proposed for a project, the factors that will be considered by the Planning Commission include the following:
(a) Safety provided by the lighting;
(b) Security provided by the lighting;
(c) All light fixtures shall be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries; and
(d) The height of pole-mounted lights shall not exceed twenty feet and the placement location of all proposed lighting shall be shown for the intended use.
(Ord. 25-04. Passed 10-12-04.)
1151.13 ACCESS TO WATERFRONT.
Efforts shall be made in the development of the site plan to maximize access to the waterfront. This may include such features as visual corridors, reopening of previously lost scenic views, public walkways/boardwalks, benches, and the enhancement of natural features along the waterfront.
(Ord. 25-04. Passed 10-12-04.)
1151.14 SIGNAGE.
Signage within the Downtown Waterfront Overlay District area must meet the requirements of the underlying zoning district except that free standing signs shall not be permitted in the Downtown Waterfront Overlay District.
(Ord. 25-04. Passed 10-12-04.)