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Any owner of recreational and utility equipment may park or store such equipment in a residential district subject to the following conditions:
(a) Recreational and utility equipment parked or stored shall be owned by the occupant of the residence, shall not have fixed connections to electricity, water, gas, or sanitary sewer facilities and at no time shall this equipment be used for living or housekeeping purposes.
(b) All recreational and utility equipment must be kept in good repair.
(Ord. 164-1984. Passed 1-28-85.)
(a) For the purpose of this section, a private swimming pool includes any artificial or man-made excavation, device, enclosure, grading or structure not located completely within an enclosed building containing or normally capable of containing water at a depth at any point greater than twenty-four (24) inches including but not limited to pools, ponds, lakes, open tanks, basins, tubs, or reservoirs.
(b) Private swimming pools are permitted in residential and in the A-1 Agricultural Districts used as a dwelling on the following conditions:
(1) The private swimming pool is an accessory use, incidental to a residential use and is to be used solely for the enjoyment of the occupants thereof and their non-business invitees. A permit from the Inspection Department is required prior to construction of a private swimming pool. A diagram reflecting the fences or alternatives shall be submitted with the application for such permit.
(2) Setbacks:
A. The edge of the water on a private swimming pool shall not be located closer than five (5) feet to any property line of the property on which it is located, must be located in the rear yard, and may not occupy more than thirty percent (30%) of the area of the rear yard, measured from the rear property line to the main structure.
B. Private swimming pools with areas in excess of 800 square feet shall have a side yard setback of not less than ten percent (10%) of the width of such lot, with the maximum setback of fifty (50) feet.
(3) The water’s edge of a private swimming pool which does not have a plaster, concrete or similar containment structure to prevent groundwater from entering the water of the private swimming pool shall not be closer than 100 feet to any septic system, well or leach field.
(4) The area surrounding a private swimming pool shall be graded not to exceed four (4) feet in height on the front or on the side view so that it will not obstruct the view of the adjacent property owner. Any mounding shall have a ten (10) foot setback as well as a ten (10) inch swale between the mound and the property line.
(5) Drainage:
A. A private swimming pool shall not adversely affect the drainage of an adjacent property.
B. Any live field tile that is in the area where private swimming pool construction occurs shall be realigned so that it functions as it did before construction started.
(6) Conformance with Lucas County Soil and Water Conservation District and United State Soil Conversation Service guidelines regarding side slopes, minimum surface area, depth and excavated soil piles, where applicable, is required.
(7) Setback:
A. The water’s edge of a private swimming pool which has less than 800 square feet of area shall not be closer than ten (10) feet from the main dwelling, except hot tubs and whirlpool bath type spas with a minimum side edge height of thirty-six (36) inches with a protective cover shall not be closer than five (5) feet from the main dwelling.
B. The water’s edge of a private swimming pool which has greater than 800 square feet of area shall not be closer than fifty (50) feet from the main dwelling.
(8) All private swimming pools which have plaster or similar containment structures and all other private swimming pools in any "R" District or any "A" District used as a dwelling, with the exception of ponds (detention, retention or recreational) with a maximum side slope ratio of 3 to 1 and hot tubs and whirlpool bath type spas with a side edge height of thirty-six (36) inches and an approved and labeled Safety Cover conforming to ASTM standard F1346-91, shall be fenced so as to prevent access from the street or adjacent properties. Such fence shall be a non-climbable permanent barrier, gates and doors shall be self-closing and self-latching, and not be less than four (4) feet in height and maintained in good condition. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (6) inches from the gatepost. Where the lock is operated by means of a key, an electronic opener, or the entry of a combination into an integral combination lock, the lock operation control and the latch release mechanism shall be located above the finished floor or ground surface in accordance with the following:
A. At public pools and/or spas, not less than thirty-eight (38) inches and not greater than forty-eight (48) inches.
B. At residential pools and/or spas, not less than fifty-four (54) inches.
C. At residential pools, where the only latch release mechanism of a self-latching device for a gate is located on the pool and/or spa side of the barrier, the release mechanism shall be located at a point that is at least three (3) inches below the top of the gate.
(9) Except as provided in subsection (b)(8) hereof, all private swimming pools shall be marked or fenced as follows:
A. A minimum of four (4) foot non-climbable permanent fence enclosing the private swimming pool; or
B. A four (4) foot permanent pool safety barrier consisting of compliant mesh fencing, upright posts and gates compliant with ASTM standard F2286-16;
C. No existing pool enclosure or fence shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
D. A post and life ring as set out in the Lucas County Soil and Water Conservation District guidelines for ponds or lakes;
E. Any combination of subsection (b)(9)A. and B. hereof.
F. Non-climbable pool enclosure or fence shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through, or under such barrier, constructed without foot or handholds or horizontal members on the exterior side that would make the pool enclosure or fence easy to climb. If the fence is chain-link, the maximum mesh size must not exceed one and one-fourth (1-1/4) inches. A larger mesh can be used if slats are inserted as long as it reduces the opening on either side of the slat to no more than one and three-fourths (1-3/4) inches.
(10) The selection and appropriateness of fencing or marking of private swimming pools in R-3, R-4 and R-5 Districts shall be subject to review and approval as part of the site plan review authorized in Chapter 1151.
(11) Required permits for all swimming pools and ponds, including Plumbing, HVAC, Electrical, Site Drainage, and permanent Fence, must be issued prior to installation of the pool or pond.
(Ord. 082-2024. Passed 5-13-24.)
A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club pools are permitted in all districts, but shall comply with the following conditions and requirements:
(a) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(b) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than thirty feet to a property line of the property on which located.
(c) The swimming pool and all of the area by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)
Stabling of horses or ponies shall be permitted only in an A-1 District provided the structure to stable the horses or ponies is a minimum of fifty feet from all residential districts and that the horses and ponies are restricted to five feet from all property lines, but in no event shall a horse or pony be kept closer than fifty feet to any existing dwelling on an adjacent property.
(Ord. 164-1984. Passed 1-28-85.)
(Ord. 164-1984. Passed 1-28-85.)
A tennis court shall be allowed in any agricultural or residential district as an accessory use, and provided the following conditions and requirements are complied with:
(a) Submit a plot plan of court location to the Zoning Inspector, together with approval of any public utility companies affected by any right of way encroachments. A letter from the Lucas County Board of Health is also required, stating that any required septic leach field and replacement area is not encroached upon.
(b) Each tennis court area shall not exceed 7,200 square feet in area (60 feet by 120 feet).
(c) The tennis court is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(d) The tennis court may not be located, including any walks or paved areas, closer than ten feet to any property line of the property on which located.
(e) If a fence encloses such tennis court, the fence shall not exceed ten feet in height and shall be maintained in good condition and free of all advertising or other signs, excluding court rules and regulations. A fence behind the base line area shall be required if the edge of the pavement behind the base line is less than twenty feet from any property line. If any part of a fence is less than twenty feet from any property line, evergreen shrubs and/or trees a minimum of four feet high shall be maintained as a screen between that part of the fence and property line.
(f) The lighting arrangement for a tennis court shall not project into any adjacent property except that of the court area.
(g) The site plan shall indicate surface drainage flow directions. Overland flow to abutting properties shall not be permitted.
(Ord. 269-2001. Passed 12-17-01.)
(a) A temporary tent or air-supported structure used for any purpose, shall obtain a Certificate of Zoning Compliance from the Zoning Inspector. Tents used exclusively for recreational camping purposes shall be exempt from the above requirements but must meet the requirements of subsection (h) below.
(b) The Certificate issued for district zones A, R, C and P under this section shall be valid for a period of fourteen (14) consecutive days and may be renewed once under the discretion of the Commissioner of Building and Zoning.
(c) The Certificate issued for district zones C-1, M, and AMD under this section shall be valid for a period of less than one hundred and eighty (180) consecutive days and may not be renewed.
(d) A Certificate of Zoning Compliance application and drawings shall be submitted a minimum of ten (10) business days prior to each installation and use with specifications indicating the location of the tent or air-supported structure on the site plan, dimensions from buildings, structures and other tents, and adequate details regarding the location of egress facilities and aisles, seating capacity and layout, construction and all mechanical and electrical equipment.
(e) The Zoning Inspector shall inspect each facility permitted under this section to determine compliance with the appropriate requirements of the Zoning Code a minimum of twenty-four (24) hours prior to scheduled use. The Fire Inspector shall inspect each facility permitted under this section to determine compliance with the appropriate requirements of the most current edition of the Ohio Fire Code adopted by the State of Ohio.
(f) Tents erected for a period of time of one hundred and eighty (180) calendar days or longer or supported on a building, balcony, deck or other structure for any period of time shall meet the requirements of most current edition of the Ohio Building Code adopted by the State of Ohio.
(g) Other than residential use, temporary structures that cover an area greater than 120 square feet (11.16 m2) including connecting areas and spaces with a common means of egress or entrance that are used or intended to be used for the gathering together of ten (10) or more persons, shall not be erected, operated, or maintained for any purpose without obtaining an approval from the building official.
(h) During the months of March through October, tents and other canvas or tarp covered temporary structures are permitted to exist on a lot of record, if erected by the owner or their agent, for a period of time not exceeding five (5) consecutive days in any ninety (90) calendar day period and may not be used for camping, sleeping, or storage of any kind including, but not limited to, storage of vehicles and recreational vehicles. Tents and membrane structures having an area greater than 400 square feet (37 m2) shall not be erected, operated, or maintained for any purpose without first obtaining a Certificate of Zoning Compliance from the Department of Building and Zoning and approval from the Fire Code Official.
Exceptions:
(1) Tents in all district zones used exclusively for recreational camping purposes on the owner's premises must be used for a period not to exceed three (3) consecutive days in any thirty (30) calendar day period and must have a primary structure on the parcel.
Temporary tent structures under twelve feet by twelve feet (12' x 12') and used solely as screened areas for outdoor dining or seating. (Ord. 091-2024. Passed 5-28-24.)
(a) No person shall operate or advertise a short-term rental in any district lots unless the following conditions are met:
(1) Definitions.
A. "Hosting Platform" means a person or entity that facilitates the booking of a short-term rental unit. "Facilitate" includes, but is not limited to, the act of allowing an operator to list or advertise, typically for a charge or fee, the short-term rental unit on an internet website, in a print publication, or through another forum provided or maintained by the hosting platform.
B. "Operator" means the person offering a short-term rental unit, whether as the owner, lessee, or otherwise.
C. "Person" means an individual, corporation, business trust, estate, trust, partnership, association or cooperative, or any other legal entity.
D. "Short-Term Rental Unit" means a dwelling unit, a portion of a dwelling unit, or any other structure that is intended for occupancy for dwelling, lodging or sleeping and which is offered for consideration for any period of up to thirty (30) consecutive calendar days and which is advertised on a hosting platform. Short-term rental units shall not include dwelling units facilities licensed by the state as health care facilities, hotels, inns, motels, bed and breakfasts properly approved by the City of Oregon or campgrounds; or dwelling units rented according to a written month-to-month lease.
E. "Short-Term Rental Accessory" means an accessory to a dwelling unit or any other structure that is intended for occupancy for lodging, sleeping, recreation, or assembly and which is offered for consideration for any period of up to thirty (30) consecutive calendar days and which is advertised on a hosting platform. Short-term rental swimming pools are not considered a "Private Residential Swimming Pool" as defined by the ORC Section 3749.01 and must meet the requirements of the Lucas Co. Health Department.
(2) Permit required. No person shall operate or advertise any short- term rental unit within the City of Oregon without first having procured an operating permit pursuant to this chapter.
(3) Application for short-term rental unit operating permit.
A. Short-term rental unit operators shall submit an application to the Building and Zoning Department and register with the Department of Taxation to operate any short-term rental unit. The application form shall be provided by the Building and Zoning Department. Applicants must show proof of residency within the City of Oregon.
B. Applications for short-term rental unit permits shall contain the following:
1. Operator information. The full legal name, mailing address, email address and telephone number of the operator.
2. Proof of Residency. The owner of the short-term rental property must live in the City of Oregon and provide proof of residency.
3. Compliance Certificate. Certificate of tax and public utility compliance or evidence of compliance with a payment plan;
4. Registry Compliance. Evidence of compliance with any applicable rental registry requirements;
5. Affidavit. Affidavit of Life Safety Compliance verifying the number, locations and operation of the life safety equipment required in Section 1155.10(d)(4) herein.
6. Insurance. Proof of general liability insurance in the amount of at least one million dollars ($1,000,000).
7. Local contact person. An individual who shall be available twenty-four (24) hours a day, seven (7) days a week to respond as necessary, within forty-five (45) minutes of notification of a complaint regarding the condition, operation or conduct of occupants of the short-term rental unit and taking remedial action as necessary to resolve an such complaints.
8. Floor Plan and Site Plan. A basic floor plan identifying the number of sleeping rooms for maximum occupancy and a site plan identifying the number and location of designated off-street parking spaces for the maximum number of vehicles allowed for overnight occupants. Parking is not permitted on unapproved parking surfaces or lawns.
9. Spacing Requirements. No short-term rental unit shall be established on a lot or lots within three-hundred (300) linear feet of street frontage of any other short-term rental unit. No two (2) short-term rental units shall be located in the same building or on the same lot.
C. Operators of one or more short-term rental units located within the City of Oregon shall comply with all requirements of this Oregon Municipal Code Section 1155.09 administered through the Department of Building and Zoning by January 1, 2025. Any short-term rental that can demonstrate that they were operating prior to the passage of this ordinance shall be exempt from the spacing requirement in subsection (3)B.9. of this Chapter.
(4) Permit Required. The operator of a short-term rental unit must obtain a permit for each unit. A permit must be on display in each short-term rental unit.
A. Permits issued under this section shall be valid for one year from the date of issue and may be renewed annually.
B. All applications shall be accompanied by an application fee of two hundred fifty dollars ($250.00).
(5) Required notification. Within forty-eight (48) hours of submitting the application for a short-term rental unit operating permit to the Building and Zoning Department, the operator shall send a neighborhood notice by first-class mail or hand delivery to all property owners whose property is adjacent to the property at which the short-term rental unit is proposed. The operators shall provide the Building and Zoning Department with the names and addresses to which notices were sent. For the purposes of this section, adjacent properties are those that abut the proposed short-term rental unit, those directly across the street or alley from the proposed short-term rental unit, and those that are diagonal across the street or alley from the proposed short-term rental unit.
(6) Denial of Permit Or Renewal of Permit. The Commissioner of Building and Zoning shall deny any application for a new registration, or deny renewal of registration, or revocation of an Operating Permit if any of the following are shown to have occurred at the short-term rental property:
A. The applicant makes a material misrepresentation of fact on the application.
B. The short-term rental Operator is not in good standing with the City of Oregon Income Tax Division;
C. The short-term rental has a documented history of repeated conduct that endangers neighborhood safety or of conditions interfering with the use and enjoyment of property within its vicinity; or of conduct in violation of Section 1155.09(a)(8).
D. Evidence of conduct under subsections (a) and (b) of this section need only be that of de facto violation of law; evidence of conviction is not a prerequisite for denial unless specifically indicated.
(7) Appeal. In the event the applicant has been denied a short-term rental unit permit and/or renewal of a permit by the Commissioner of Building and Zoning, they shall have the right to appeal to the City Administrator from such denial, revocation within ten (10) business days. Notice of appeal shall be filed with the City Administrator's office on a form created by the City Administrator for such purpose, and the City Administrator shall set the date and time of the appeal hearing. The burden of proof in such an appeal shall be upon the appellant to show that the denial or revocation was arbitrary or unreasonable. Any such decision by the City Administrator shall be final.
(8) Transfer. No permit under this chapter shall be transferable to another short-rental operation.
(9) Operating requirements.
A. Advertisement. It shall be unlawful to advertise any short-term rental unit without the operating permit number clearly displayed on the advertisement. This includes any means, electronic or non-electronic, intended to promote the availability of the short-term rental unit.
B. Maximum occupancy. The number of overnight occupants permitted in a short-term rental unit shall not exceed two occupants per sleeping room. This maximum occupancy shall be identified in the operating permit.
C. Parking. The number of overnight vehicles permitted on the property shall be identified in the operating permit.
D. Life safety equipment. Each short-term rental unit shall have the following fully functional life safety equipment on the premises and installed to manufacturer specifications:
1. Smoke Alarms. Smoke alarms shall meet the requirements of the Residential Code of Ohio Section 314.
2. Carbon Monoxide Detector. Carbon Monoxide Detector, shall be in the immediate vicinity of all sleeping rooms meeting the requirements of the Residential Code of Ohio Section 315.
3. Fire Extinguisher. A fire extinguisher shall be located inside the premises as directed by the Oregon Fire Department.
E. Records. The operator shall require a verification of the identity of the person responsible for booking the short-term rental unit and keep a record on file for three (3) years.
(10) Inspection. Upon display of the proper credentials, sworn officers excluded, any employee of the division of police, division of fire, department of building and zoning, or Lucas County Public Health may be permitted to inspect the hotel/motel premises, short-term rental, or applicant's dwelling to ensure compliance with this Chapter.
(11) Operation without a permit. Any short-term rental unit operating or advertising for operation without a valid operating permit shall be deemed to be a public safety hazard.
(b) Penalty. Whoever violates any provision of this chapter shall be guilty of an unclassified misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00). Upon subsequent convictions, the penalty shall be an unclassified misdemeanor, but the guilty party shall be fined not more than one thousand dollars ($1,000), in addition to any other penalties as imposed by this chapter. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. 084-2024. Passed 5-13-24.)
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