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(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.)
No person shall keep chickens or rabbits in any district lots, excluding agriculture not
used as a dwelling and school uses, unless the following conditions are met:
(a) No person shall engage in the keeping of chickens, rabbits, or similar animals without a certificate of zoning compliance that specifically identifies such use in compliance with the requirements of Section 1155.10 - Regulation of the Keeping of Farm Animals.
(b) No person shall keep chickens, rabbits, or similar animals on a vacant or uninhabited tract of land. All chickens, rabbits, or similar animals shall be located on a property containing a principal structure.
(c) Number. Allowed densities for keeping any combination of chickens and rabbits: no more than six (6) animals shall be allowed for each single-family dwelling.
(d) Setbacks. Coops or cages housing hens, rabbits, or similar animals shall be kept at least twenty-five (25) feet from the door or window of any dwelling or occupied structure other than the owner's dwelling. Coops and cages shall not be located within five (5) feet of a side-yard lot line, nor within eighteen (18) inches of a rear-yard lot line. Coops and cages shall not be located in the front yard.
(e) Enclosure. Hens, rabbits, or similar animals shall be provided with a covered, predator-proof coop or cage that is well-ventilated and designed to be easily accessed for cleaning, and of sufficient size to permit free movement of the animals. The coop shall allow at least one (1) square foot per hen. Hens or rabbits shall have access to an outdoor enclosure that is adequately fenced to contain the farm animals on the property. There shall be no more than one (1) sheltering structure on the property.
(f) Feed Storage. All feed shall be stored in rodent-proof containers and animals must not be fed in a manner likely to attract rodents, such as dispersing the feed on the ground.
(g) Sanitation. The coop and outdoor enclosure must be kept in a sanitary condition and free from offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis to prevent accumulation of waste.
(h) Slaughtering. There shall be no outdoor slaughtering in the line of vision of any neighboring properties, or otherwise out of public view. All waste must be bagged and disposed of with household trash to prevent nuisance and health hazards.
(i) Prohibited Poultry. No person shall keep any roosters, ducks, geese, peafowl, guineafowl, pigeons, turkeys, or similar animals on any district lot.
(j) Alpacas, Cows, Deer, Goats, Horses, Llamas, Ponies, Sheep, Swine, and Similar Animals. The keeping of alpacas, cows, deer, goats, horses, llamas, ponies, sheep, swine, and similar hoofed farm animals, and stables and enclosures for the keeping of such animals on any district lot, shall require a Special Use Permit in accordance with Chapter 1113 of this code.
(k) No predatory birds may be kept on any property under the regulations of this section.
(l) Strictly for personal or household use. Commercial use is prohibited.
(m) Permit. A Certificate of Zoning Compliance is required.
(1) Information required. Applicants seeking to engage in keeping farm animals must apply for and receive a certificate of zoning compliance. If the applicant is someone other than the property owner, the application must include a notarized statement of support, signed by the property owner. In addition to the requirements of Section 1105.03 -Application for Zoning Permit, the following information must be included on the site plan or in accompanying documentation:
A. A description of the type and number of animals to be kept.
B. Sheltering structure type.
C. Location of sheltering structure with all setbacks from property lines indicated. If using a portable sheltering structure, indicate the yard area in which the sheltering structure will be kept.
D. Location and manner of containment of outdoor areas with all setbacks from property lines indicated. If using a portable containment system, indicate the yard area in which the system will be kept.
E. Feed storage container location and type.
F. Location, method, and schedule of manure storage and disposal.
G. Any other relevant information related to keeping the animals, if requested by the Commissioner of Zoning.
(2) Conditions. Notwithstanding compliance with the various requirements of this section, hens, rabbits, or similar animals shall not be kept in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others. Hens, rabbits, or similar animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. It is the responsibility of the person keeping hens, rabbits, or similar animals to be aware of and abide by all applicable local, state or federal requirements including but not limited to the Ohio Department of Agriculture's Ohio Livestock Care Standards and private deed or covenant restrictions.
(3) Application will be filed with the Toledo-Lucas County Health Department, which shall make a determination of whether to issue such permit and under such terms and conditions as are necessary to minimize any negative impacts on neighboring properties. Permits will be granted on an annual basis. If the City of Oregon receives no complaints regarding the permit holder's keeping of hens, ducks, rabbits, or similar animals, the permit will be presumptively renewed, and the applicant may continue to keep hens, ducks, rabbits, or similar animals under the terms and conditions of the original permit. The Health Department may revoke the permit at any time if the permit holder does not follow the terms of the permit, if the Health Department receives substantiated complaints regarding the permit holder's keeping of hens, ducks, rabbits, or similar animals, or the Health Department finds that the permit holder has not maintained the farm animal sheltering structure or outdoor enclosures in a clean and sanitary condition.
(n) Penalty. Whoever violates any provision of this chapter is guilty of a misdemeanor in the fourth degree. Each day's violation shall constitute a separate offense.
(Ord. 090-2024. Passed 5-28-24.)
The following standards apply to state licensed Medical and Non-Medical Cannabis Dispensary business establishments with terms defined in Ohio Revised Code Section 3780.01 and regulations in Ohio Administrative Code Rule 1301:18-2-0610(B) Dispensaries:
(a) A Medical and Non-Medical Cannabis Dispensary business establishment shall be limited to zoning districts C-2 and C-5 in accordance with the Oregon Cannabis Dispensary Corridors Map dated 8/16/2024 enacted as shown on Exhibit "A", attached to original Ordinance 139-2024 and made a part hereof. Unless expressly permitted in Exhibit "A", all other locations shall be prohibited. Spacing shall apply to Medical and Non-Medical Cannabis Dispensary business establishments operating pursuant to the Ohio Cannabis Control licensing regulations.
(b) A Medical and Non-Medical Cannabis Dispensary business establishment shall conform to the design requirements set forth in Chapter 1343 and be approved by the Design Review Committee.
(c) Any Medical and Non-Medical Cannabis Dispensary business establishment adjacent to a residential district and/or use shall contain a minimum six-(6) foot-high screen fence along such abutting property lines.
(d) No merchandise or pictures of the products or product use on the premises of a Medical and Non-Medical Cannabis Dispensary business establishment shall be displayed on signs, in window areas of any area where they can be viewed from the sidewalk, street, or public way. No sign shall bear any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display, decoration, sign, window or any other means unless it is part of the brand logo of the business.
(Ord. 139-2024. Passed 8-26-24.)
The following standards apply to Motor Vehicle Washing Facility business establishments:
(a) A Motor Vehicle Washing Facility shall not be located within a 2,640 foot radius of another Motor Vehicle Washing Facility business establishment and are permitted within C-1, C-2, C-3, C-4, or C-5 zoning districts.
(b) The distances specified in this section shall be measured per the Codified Ordinances of the City of Oregon Section 1153.07, Distances for Spacing Requirements. The distance between any two Motor Vehicle Washing Facility businesses establishments shall be measured in a straight line, without regard to any intervening structures or objects, from the closest exterior wall of the structure in which each business establishment is located.
(c) Vehicle washing facilities are required to prevent ice formation. The owner, manager or operator in charge of a motor vehicle washing facility, shall during the operation of the facility, at any time when the outside temperature is at or below the freezing point, salt or otherwise treat the surface of the apron, street, highway or alley adjacent to the motor vehicle washing facility to prevent the formation of a traffic hazard from the freezing of water on the street, highway or alley caused by motor vehicles tracking water from the motor vehicle washing facility. (Ord. 141-2024. Passed 8-26-24.)
The following standards apply to Personal Storage Facility business establishments as defined in the Codified Ordinances of the City of Oregon Section 1103.63:
(a) A Personal Storage Facility shall not be located within a 5,280 foot radius of another Personal Storage Facility business establishment and are permitted within M-1 zoning district. This spacing shall apply to Personal Storage Facility operating pursuant to a Special Use Exemption or operating without such Special Use Exemption, by virtue of having been in operation prior to the requirement to obbtain such Exemption.
(b) The distances specified in this section shall be measured per the Codified Ordinances of the City of Oregon Section 1153.07, Distances for Spacing Requirements. The distance between any two Personal Storage Facility businesses establishments shall be measured in a straight line, without regard to any intervening structures or objects, from the closest exterior wall of the structure in which each business establishment is located.
(Ord. 142-2024. Passed 8-26-24.)