Reference Table | Reference Table | ||
Special Use Approval Type | Special Use Approval Type | ||
a | Adult Day Care Center | aa | Outdoor Sales Space for New & Used Recreational Vehicles |
b | Agricultural, Construction & Truck Sales | bb | Outdoor Storage |
c | Animal Hospital/Veterinary Clinic | cc | Parks, Parkways and Non-Commercial Recreational Facilities |
d | Auto & Metal Salvage and Junk Yards | dd | Part-Time Child Care |
e | Automotive Sales or Lease for New or Used Vehicles - Outdoor | ee | Personal Services |
f | Auto Repair General | ff | Private Outdoor Recreation Areas and Recreation Centers |
g | Auto Wash | gg | Public and Private Schools |
h | Bed & Breakfast Dwelling | hh | Public Service Facility |
i | Carry Out - Alcoholic Beverages | ii | Deleted per Ord. 150-2007 |
j | Cemeteries | jj | Public/Private Utility |
k | Child Day Care Center | kk | Reasonable Accommodation Use |
l | Commercial Outdoor Recreational Spaces | ll | Restaurant, Drive-In, Fast Food, and Full Service |
m | Commercial Semi Truck Sales and Service | mm | Restaurant; Outdoor Café |
n | Convalescent or Nursing Homes | nn | Retail - More than 60,000 Sq. Ft. |
nn.a | Rooming House | ||
o | Drive-In Commercial Uses | oo | Sale and Storage of Building Materials |
p | Extraction Operations for Sand, Gravel and Topsoil | pp | Self Service Storage |
q | Farm Market Stands | qq | Semi Public Uses |
r | Functional Equivalent Family | rr | Service Station |
r.1 | Gyms/Fitness Facilities (>10,000 SF) | ||
r.a | Hospitality Facilities | ||
s | Kennels | ss | Sexually Oriented Businesses |
t | Laboratories | tt | Shopping Center |
u | Massage Establishment and Technicians | uu | Social Activities |
v | Medical Offices | vv | Specialized Domestic Animal Raising & Care |
vv.a | Transient Housing | ||
w | Mobile Homes | ww | Transportation & Trucking |
ww.a | Wind Generator (Turbine) | ||
x | Mortuaries/Funeral Home | xx | Wireless Telecommunication Facilities |
y | Motels and Hotels | yy | Institutional Uses |
z | Oil and Gas Wells | zz | Landmark Feature/Signage |
Ord. 41-2013. Passed 4-9-13.)
(a) Adult Day Care Center:
(1) Adult day care centers shall not provide overnight accommodations.
(2) Adult day care centers when located in a single family district shall be limited to caring for not more than six (6) adults.
(b) Agriculture, Construction, Semi-Truck Sales and Service:
(1) Commercial semi-truck sales and service, provided that:
A. No trucks, machinery or equipment are parked or stored within the front yard or on a arterial street within twenty-five (25) feet of the thoroughfare right-of-way;
B. All repairs shall be performed inside a structure; and,
C. The site for such use shall be at least three (3) acres and the depth of the lot shall not be more than three (3) times its width.
(2) Agricultural or construction related equipment sales and service, provided that:
A. No agricultural or construction related equipment shall be parked or stored within the front yard or on arterial streets within twenty-five (25) feet of the thoroughfare right of way;
B. All repairs shall be performed within a structure; and
C. The site for such use shall be at least three (3) acres and the depth of the lot shall not be more than three (3) times its width.
(c) Animal Hospital / Veterinary Clinic:
(1) Uses permitted include medical treatment and examinations, retail sales and boarding during medical treatment.
(2) Buildings where animals are kept shall not be located nearer than one hundred (100) feet to any adjacent lot line in a residential zoning district.
(3) All principal use activities shall be conducted within a totally enclosed main building. There shall be no storage or boarding of animals outside of the fully enclosed building.
(4) Animals receiving exercise shall be restrained by a leash and under the direct control and handling of staff personnel.
(5) An adequate, enclosed method of refuse storage and disposal shall be maintained so that no public nuisance shall be created at any time.
(d) Auto & Metal Salvage and Junk Yards:
(1) The site shall be located not closer than one thousand (1,000) feet from any residential district.
(2) The minimum zoning lot shall be not less than forty (40) acres. The Planning Commission will determine, as a function of site plan review, what percentage of the property should be used for storage or disassembly functions and what portions are needed to effectively screen the use from public view.
(3) The use shall have direct frontage on and access to an arterial street.
(4) The site shall be located within one (1) mile of a State highway, Federal highway of freeway interchange.
(5) Such uses must be entirely enclosed within a building or within a solid masonry, brick or concrete obscuring wall a minimum of eight (8) feet high.
(6) No articles shall be stacked or piled so as to exceed the height of the wall.
(7) There shall be no burning on the site.
(8) All industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within a completely enclosed building. (Ord. 186-2006. Passed 8-1-06.)
(e) Automotive Sales or Lease for New or Used Vehicles-Outdoors:
(1) A minimum lot width of fifty (50) feet fronting on a street and containing a minimum of at least five thousand (5,000) square feet of area shall be provided.
(2) A suitable building for said use shall be located on the site.
(3) All lighting shall be shielded from adjacent residential districts. String lights shall be prohibited.
(4) No repair or refinishing shall be done out of doors on the property.
(5) Banners, pennants, spinners and attention getting devices shall be prohibited.
(6) Ingress and egress to the outdoor sales area shall be at least twenty (20) feet from the intersection of any two (2) streets.
(7) A six (6) foot wall or solid fence must be provided when abutting or adjacent districts are zoned or used for residential use. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential district.
(8) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use, in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Chapter and the procedures of Chapter 1285. City Council may require an agreement between the City and the developer in order to guarantee specified improvements and City Council may impose impact fees and/or required escrows related to the project.
(f) Auto Repair General: Repairs and service of inoperable auto and RV motor vehicles shall be conducted wholly within an enclosed structure permanently located on the lot.
(Ord. 31-2009. Passed 3-3-09.)
(g) Auto Wash:
(1) All buildings shall have a front yard setback of not less than fifty (50) feet.
(2) All washing facilities shall be within a completely enclosed building.
(3) Vacuuming and drying areas may be located outside the building but shall not be in the required front yard and shall not be closer than twenty-five (25) feet to any residential district.
(4) All cars required to wait for access to the facilities shall be provided space off the street right-of-way and parking shall be provided in accordance with Section 1250.03(c).
(5) Ingress and egress points shall be located at least sixty (60) feet from the intersection of any two (2) streets.
(6) All off-street parking and waiting areas shall be hard surfaced and dust free.
(7) All lighting shall be shielded and directed away from adjacent residential districts.
(8) A six (6) foot high solid wall such as brick, decorative block or decorative poured concrete shall be provided where abutting a residential district. The height of the wall shall be measured from the surface of the ground of the abutting residential district.
(h) Bed and Breakfast:
(1) Such dwellings shall meet all applicable codes and ordinances of the City, County, and State.
(2) Floor plans drawn to scale of all floors to be utilized for bed and breakfast activities shall be submitted to the City.
(3) Dwellings shall be suitable in character for the use proposed and shall not be cause for a change in character of the neighborhood.
(4) The dwelling shall be the permanent residence of the bed and breakfast operator.
(5) There shall be no separate cooking facilities provided for the bed and breakfast occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the bed and breakfast facility.
(6) Occupancy shall be of a transient nature for periods not to exceed one (1) week in duration in any one (1) month by any transient occupant. A guest registry indicating name, address, phone number, vehicle license number, shall be kept indicating dates of arrival and departure of guests and shall be available to the City for inspection upon request.
(7) An unlighted sign not to exceed six (6) square feet in area may be provided. Such sign may be provided as a ground sign or a wall sign.
(8) Off-street parking shall be provided based upon one (1) space for each rental room and one (1) space for the operator of the facility. It is the City’s intent to not encourage yards to be destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In those instances where parking requirements cannot be met, the applicant may request special consideration from the City. In such a case, the applicant shall submit an analysis of parking required and parking provided within a three hundred (300) foot radius of the subject parcel. After analyzing this data, the City may lower the number of the required parking spaces based on the fact the sufficient off-street parking exists in the neighborhood.
(i) Carry Out-Alcoholic Beverages:
(1) The locations of such establishments shall not be nearer than one thousand (1,000) feet to any school, church or place of public assembly as measured from property line to property line.
(2) Locations of such establishments that abut a residential district shall limit hours of operation from 8 a.m. to 11 p.m. daily.
(3) Drive up window service shall be prohibited.
(j) Cemeteries:
(1) All burial plots and all structures shall be set back no less than thirty (30) feet from any lot line or street right-of-way.
(2) Parking shall be provided on the site, at least fifty (50) feet from any lot line, and no cemetery parking shall be permitted on any public street.
(3) Cemeteries shall be established in compliance with City, County and State laws as may be applicable.
(k) Child Day Care Center:
(1) Assurance shall be provided that all requirements of Ohio Revised Code 5104 Child Day Care are complied with.
(2) Where childcare centers are located in residential districts adequate fencing and screening of outdoor play areas shall be provided.
(Ord. 186-2006. Passed 8-1-06.)
(l) Commercial Recreation:
(1) Within industrial zoning districts commercial recreation uses shall only be allowed within existing buildings which conform to code requirements.
(2) Facilities used by children outdoors shall be fenced on all sides with a minimum four (4) foot wall or fence.
(3) Adequate parking shall be provided off the road right-of-way and shall be fenced with a four (4) foot wall or fence where adjacent to any outdoor use area of the facility.
(4) Ingress and egress will not conflict with adjacent business uses.
(5) Such uses shall be located as to not create a nuisance to abutting property, nor injurious to the surrounding neighborhood or contrary to the spirit and purpose of the Planning and Zoning Code.
(6) Banners, pennants, spinners and other attention getting devices are prohibited. (Ord. 149-2012. Passed 9-4-12.)
(m) Commercial Semi-Truck Sales and Service:
(1) Locations shall be limited to arterial streets.
(2) All lighting shall be shielded from adjacent residential districts.
(3) Ingress and egress to the outdoor sales area shall be at least twenty (20) feet from the intersection of any two (2) streets.
(4) A six (6) foot wall or solid fence must be provided when abutting or adjacent districts are zoned or used for residential use. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential districts.
(5) Major repair or major refinishing shall only be done inside a building.
(6) A minimum lot width of one hundred (100) feet fronting on a street and containing a minimum of at least twenty thousand (20,000) square feet of area shall be provided.
(7) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use, in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Chapter and the procedures of Chapter 1285. City Council may require an agreement between the City and the developer in order to guarantee specified improvements and City Council may impose impact fees and/or required escrows related to the project. (Ord. 186-2006. Passed 8-1-06.)
(n) Convalescent or Nursing Homes: The maximum coverage shall not exceed fifty percent (50%) for all buildings including principal structures and those incident to the principal structure. (Ord. 2-2012. Passed 1-3-12.)
(o) Drive-In Commercial Uses:
(1) Ingress and egress points shall be located at least sixty (60) feet from the right-of-way intersection of any two (2) streets.
(2) A minimum of five (5) vehicle-stacking spaces shall be provided per drive- through lane with a minimum of three (3) additional spaces for the location at which orders are taken. Stacking lanes shall have a minimum width of eight (8) feet and shall not conflict with parking or ingress and egress drives. The length of one stacking space shall be twenty (20) feet.
(p) Extraction Operations for Sand, Gravel, Clay, Stone and Topsoil:
(1) A Minimum lot area of five (5) acres shall be required.
(2) Notwithstanding any other minimum yard sizes required by this Zoning Code, extraction activities shall be set back the following minimum distance:
A. One hundred (100) feet from the right-of-way of any public street, private road, or highway.
B. One hundred fifty (150) feet from abutting residentially zoned property.
C. One hundred (100) feet from commercial or industrial zoned abutting property.
(3) A perimeter landscape buffer zone (which may consist of naturally occurring vegetation) shall be provided, at a minimum, of fifty (50) feet in width.
(4) For the purposes of this Chapter, future operations shall be interpreted to mean any extraction activities which are not permitted according to the originally issued permit for the extraction operation, including expansion into areas of the site not covered by an issued permit validly in place at the effective date of this Zoning Code, and shall require special approval use.
(q) Farm Markets and Stands:
(1) Encroachment of structures on public streets or roads shall be prohibited.
(2) Adequate off-street parking shall be provided.
(3) Containers shall be provided for all waste materials and shall be suitable for protection against vermin and insects.
(r) Functional Equivalent Family – Additional Persons: The limit upon the number of persons who may reside as functional equivalent of the domestic family may be increased or enlarged upon demonstration by the applicant of all the following:
(1) There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises and adequate storage is provided for each person proposed to reside on premises.
(2) The extent of increase or enlargement of the limit upon the number of persons shall not, when considered cumulatively with existing and reasonably projected population concentration in the area, place an unreasonable burden upon public services, facilities and/or schools.
(3) There shall be a minimum of one hundred fifty (150) square feet of usable floor space per person on the premises.
(4) Should the City grant an application under this provision, the determination shall include the specific maximum number of persons authorized to reside on the property and minimum parking or storage requirements to be maintained. (Ord. 186-2006. Passed 8-1-06.)
(r.a) Hospitality Facilities:
(1) It shall be demonstrated that ingress and egress does not conflict with adjacent business uses.
(2) A four (4) foot solid wall such as brick, decorative block or decorative poured concrete must be provided where abutting or adjacent districts are zoned for residential use. The height of the wall shall be measured from the surface of the ground of the abutting residential district.
(3) No kitchen or cooking facilities are to be provided within the dwelling units with the exception of units for the use of the manager or caretaker unless otherwise approved by the Planning Commission.
(4) Each unit shall contain not less than two hundred fifty (250) square feet of floor space. (Ord. 31-2009. Passed 3-3-09.)
(r.1) Gyms/Fitness Facilities (>10,000 SF). Hours of Operation may not exceed 5:00 a.m. to 10:00 p.m. (only applies to property zoned Office and Service (“OS”).
(Ord. 18-2022. Passed 3-15-22.)
(s) Kennels:
(1) The lot area shall be at least five (5) acres in size and three hundred (300) feet in width.
(2) Buildings where animals are kept, runs, and exercise areas shall not be located nearer than two hundred (200) feet to any adjacent lot line in a residential district or any adjacent building used by the general public. Runs and/or exercise areas and buildings where the animals are maintained shall be located in the rear yard only.
(3) All kennels shall be operated in conformance with all applicable County, State and Federal regulations.
(4) The main kennel building used to house the animals shall be insulated in such a manner that animal noises and odors are minimized.
(t) Laboratories:
(1) Testing materials shall be such as not to have external effect in any way on abutting properties in the district.
(2) Waste materials shall be disposed of in a safe and acceptable manner.
(u) Massage Establishment And Technicians:
(1) Purpose: The purpose of this section is to regulate massage establishments through the application of uniform zoning and licensing requirements to promote the health, safety and general welfare of the citizens of the City of Perrysburg.
(2) Definitions: For the purposes of this section, the following words are defined and shall have the meaning ascribed to them as hereafter set forth:
A. Massage: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice for a purpose other than the treatment of disorders of the human body.
B. Massage Establishment: Any establishment having a fixed place of business where any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on any of the activities mentioned in subsection (a) hereof for any consideration whatsoever.
C. Out-Call Massage Service: Any business the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment.
D. Massage Technician: Any person who, for any consideration whatsoever, engages in the practice of massage as defined in subsection (a) hereof.
E. Employee: Any and all persons other than the massage technician who render any service to the operator and who receive compensation directly from the operator.
F. Person: Any individual, co-partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
G. Operator: The licensed operator of a massage establishment.
H. Sexual or Genital Area: The genitals, pubic area, buttocks, anus or perineum of any person, the vulva and/or breasts of a female, and/or the penis and scrotum of a male.
I. Communicable or Contagious Disease: Syphilis, Gonorrhea, Chlamydia, HIV/AIDS, Tuberculosis, Herpes, Hepatitis or any skin infection or skin fungus.
(3) License Required:
A. No person shall engage in, conduct or carry on or permit to be engaged in, conducted or carried on, in or upon any premises in the City of Perrysburg, the operation of a massage establishment as herein defined, unless such massage establishment shall be licensed under this section.
B. No person shall engage in the business of or be employed as a massage technician in the City of Perrysburg unless he or she has obtained a license from the City of Perrysburg.
(4) Exemptions: The provisions of this section shall not apply to the following:
A. Hospitals, nursing homes and public health centers.
B. The offices of a person who is licensed or registered by the State of Ohio Medical Board, which are used while performing the licensed or registered profession.
C. A licensed barbershop, beauty salon, school of cosmetology or barber school while used to perform the licensed vocation or school of massage approved by the Ohio State Medical Board and the State Board of Proprietary Schools.
D. The office of a licensed Chiropractor or Physical Therapist while used to perform the licensed profession.
E. A person licensed or registered by the State of Ohio Medical Board while performing the licensed or registered profession.
F. Licensed cosmetologist, registered barber, registered barber apprentice, licensed chiropractor, licensed practical nurse, registered nurse, licensed Physical Therapist and/or licensed physical therapist assistant while performing the said profession or vocation.
G. A person working under the direction or supervision of individuals mentioned in subsections (4)E. and (4)F. hereof while performing the said profession or vocation.
(Ord. 186-2006. Passed 8-1-06.)
(5) Application For Massage Establishment License and Fee:
A. Application for a license to operate a massage establishment including a renewal license shall be made pursuant to this Chapter at the Planning and Zoning Office on a form provided. Each application shall include a filing fee of five hundred dollars ($500.00) which shall not be refundable.
(Ord. 112-2010. Passed 7-6-10.)
B. The application for a license to operate a massage establishment shall set forth the exact nature of the massage to be administered and the proposed place of business and facilities therefore.
C. In addition to the foregoing, the applicant for a license, including any partner and any officer, director or majority shareholder of a corporate applicant or member of a Limited Liability Company, shall furnish the following information:
1. Name, address and social security number;
2. A certified copy of the applicant's birth certificate which evidences that the applicant is at least eighteen (18) years of age;
3. All residential and business addresses for the past three (3) years;
4. The applicant's physical description, including height, weight, color of eyes and hair;
5. The business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application;
6. The business history of the applicant regarding previous licenses obtained or refused from any governmental agency including revocations and suspensions and the reasons therefore;
7. Criminal history information, including date, time and place of convictions for all violations for the previous five (5) years except traffic offenses;
8. A set of fingerprints obtained by the Division of Police and a recent two (2) inch by two (2) inch color photograph of the applicant;
9. If the applicant is a corporation or a partner of a partnership which is incorporated, the name of the corporation shall be set forth exactly as shown on its Articles of Incorporation.
10. If A. above is met, all shareholders and partners shall be listed, along with all the information required for each as per (5)C.1. above.
(6) Issuance Of License For Massage Establishment:
A. The Planning and Zoning Administrator pursuant to the terms of this Chapter, shall issue within twenty (20) days the license, or shall renew such license, to maintain, operate or conduct a massage establishment to a designated person for a specific location upon receipt of an application, unless the Administrator finds, after a hearing at which the applicant shall be given the right to present evidence in his or her defense, that:
1. The operation, as proposed by the applicant, if permitted, could not be in compliance with applicable laws, including, but not limited to, the Zoning Code of the City of Perrysburg, as well as the provisions of this Chapter; or
2. The application does not contain all the required information or the application contains a material misrepresentation; or
3. The application suggests that because of his or her criminal history applicant would be unsuitable to operate such an establishment; or
4. The applicant, the establishment, any operator and/or massage technician employed therein has a history of conduct or activity involving prostitution and/or drugs.
5. A massage establishment license issued pursuant to this Chapter shall terminate at the expiration of one (1) year from the date of its issuance unless subject to suspension or revocation.
6. The operator may make application to renew such license not earlier than forty-five (45) days prior to the expiration of the license. Such application shall be accompanied by a fee of five hundred dollars ($500.00); and shall be subject to the provisions of this Zoning Code.
7. The Planning and Zoning Administrator, before refusing to issue a massage establishment license, shall give the operator ten (10) business days written notice of the reasons for such action and the opportunity to present evidence before a Review Board. The Mayor shall appoint three (3) City residents to serve on the Review Board. The operator shall file a notice of appeal within five (5) business days after receipt of the notice from the Planning and Zoning Administrator of the operator's intention to appeal the Administrator's decision to the Review Board. The Administrator shall schedule such appeal hearing within thirty (30) days of the notice of appeal. After a hearing on the matter, the Review Board within ten (10) business days may sustain, disapprove, or modify such order. Said decision by the Review Board constitutes a final appealable order and is subject to appeal under Ohio Revised Code 2506.01.
(7) Revocation Or Suspension Of Establishment License:
A. The Planning and Zoning Administrator may revoke or suspend a massage establishment license where he finds, after a hearing at which the applicant shall be given the right to present evidence in its defense, that:
1. A provision of this Chapter was violated upon the establishment premises;
2. A violation of the Ohio Revised Code or Perrysburg Codified Ordinances was committed upon the establishment premises;
3. A material misrepresentation was made upon the application for a massage establishment license;
4. The operator is engaged in any activity or conduct involving prostitution and/or drugs.
5. The Planning and Zoning Administrator, before revoking or suspending such license, shall give the operator ten (10) business days written notice of the reasons for such action and the opportunity to present evidence before a Review Board. The Mayor shall appoint three (3) City residents to serve on the Review Board. The operator shall file a notice of appeal in writing with the Planning and Zoning Administrator of the operator's intention to appeal the Administrator's decision to the Review Board. The Administrator shall schedule such appeal hearing within thirty (30) days of the notice of appeal. After a hearing on the matter, the Review Board within ten (10) business days may sustain, disapprove, or modify such order. Said decision by the Review Board constitutes a final appealable order and is subject to appeal under Ohio Revised Code 2506.01.
(Ord. 186-2006. Passed 8-1-06.)
(8) Application For Massage Technician License Fee:
A. Application for the license, including a renewal license shall be made pursuant to the terms of this Chapter at the office of the Planning and Zoning Division on a form provided. Each application shall include a filing fee of fifty dollars ($50.00), which shall not be refundable. (Ord. 113-2010. Passed 7-6-10.)
B. The application for a permit to operate as a massage technician shall contain the following information:
1. Name, residential address and social security number;
2. A physical description setting forth the applicant's weight, height, hair color and color of eyes;
3. A recent two (2) inch by two (2) inch photograph of the applicant and a set of fingerprints obtained by the Police Division;
4. A certified copy of the applicant's birth certificate which evidences that the applicant is at least eighteen (18) years of age;
5. The business, occupation and employment of the applicant for a three (3) year period preceding the date of application;
6. Criminal history information including the date, time and place of all convictions for all violations in the previous five (5) years except traffic offenses;
7. Evidence from a physician licensed in the State of Ohio that the applicant is free from communicable and/or contagious disease. Such examination shall be dated within thirty (30) days of application for a license;
8. The business history of the applicant regarding previous licenses obtained or refused from any governmental agency including revocations and suspensions and the reasons therefore.
(9) Issuance Of License For A Massage Technician:
A. The Planning and Zoning Administrator pursuant to this Chapter shall issue or renew a license to engage in the business of or be employed as a massage technician in the City of Perrysburg upon receipt of an application, unless he or she finds after a hearing at which the applicant shall be given the right to present evidence in his or her defense, that:
1. The application does not contain all the required information or the application contains material misrepresentations.
2. The applicant has been convicted of any crime involving sexual misconduct or drugs.
3. The applicant has a communicable or contagious disease as defined in this Chapter.
4. The application suggests because of applicant's criminal history that the applicant would be unsuitable to act as a massage technician.
5. A massage technician license issued pursuant to this Chapter shall terminate at the expiration of one (1) year from the date of its issuance unless subject to suspension or revocation.
6. The massage technician may make application to renew such license not earlier than forty-five (45) days prior to the expiration of the license. Such application shall be accompanied by a fee of fifty dollars ($50.00), and shall be subject to the provisions of this Zoning Code.
7. The Planning and Zoning Administrator, before refusing to issue a massage establishment license, shall give the operator ten (10) business days written notice of the reasons for such action and the opportunity to present evidence before a Review Board. The Mayor shall appoint three (3) City residents to serve on the Review Board. The operator shall file a notice of appeal within five (5) business days after receipt of the notice from the Planning and Zoning Administrator of the operator's intention to appeal the Administrator's decision to the Review Board. The Administrator shall schedule such appeal hearing within thirty (30) days of the notice of appeal. After a hearing on the matter, the Review Board within ten (10) business days may sustain, disapprove, or modify such order. Said decision by the Review Board constitutes a final appealable order and is subject to appeal under Ohio Revised Code 2506.01.
(10) Required Facilities:
A. No license to conduct a massage establishment shall be issued, renewed or continued unless an inspection conducted by the Planning and Zoning Administrator or his designee prior to the issuance or renewal of such license discloses that the establishment complies with each of the following minimum requirements:
1. A readable sign shall be displayed at the main entrance identifying the establishment as a massage establishment, provided also that all such signs shall be in compliance with this Zoning Code;
2. Adequate equipment for disinfecting and sterilizing any instruments used for massage is provided;
3. Hot and cold running water is provided;
4. Closed cabinets are utilized for storage of clean linen;
5. Adequate dressing and toilet facilities are provided to patrons;
6. All walls, ceilings floors, steam or vapor rooms and all other physical facilities for the establishment are kept in good repair and maintained in a clean and sanitary condition;
7. Clean and sanitary towels and linen are provided for patrons receiving massage services. No common use of towels or linen shall be permitted.
(Ord. 186-2006. Passed 8-1-06.)
(11) Operating Requirements:
A. No license to conduct a massage establishment or to engage as a massage technician shall be issued, renewed or continued unless each of the following provisions are complied with by the massage establishment and/or massage technician:
1. Massage establishments shall be at least 1,000 feet from any residential district (R1 through RM), any school (public or private), any religious place of worship, any park, any library, any sexually oriented business establishment, and any other massage establishment.
2. No massage technician shall administer a massage unless completely clothed in clean non-transparent garments at all times. The term “completely clothed” shall mean having on the upper portion of the body undergarments and either a blouse or shirt which covers all the upper body except the arms and, on the lower body undergarments plus either pants or skirt which shall cover the area from the waist to a point at least two inches above the knee;
3. The massage patron’s sexual or genital area shall be covered by a towel, cloth or undergarments when in the presence of a massage technician or massage establishment employee;
4. A massage technician shall display his/her license with photograph in a conspicuous place where the massage is being administered;
5. A massage establishment shall display its license in a conspicuous place in the premises;
6. A massage technician shall not fondle, touch or massage the sexual or genital area of a patron;
7. A massage establishment operator shall provide the names of all employees and massage technicians working for the establishment to the Planning and Zoning Administrator within two days of the date the individual is employed;
8. A massage technician shall not administer a massage to an individual of the opposite sex;
9. The massage establishment shall not be open for business between 9:00 p.m. and 11:00 a.m.; and
10. No massage technician or massage establishment operator shall knowingly violate any provision of Section 1235.04(u)(11)A.
(Ord. 2-2010. Passed 1-5-10.)
(12) Out-Call Massage Service:
A. No massage technician or massage establishment shall provide "outcall massage services" which are not in compliance with the provisions of this Chapter.
(13) Transfer Of Licenses:
A. No license issued under this Chapter shall be transferred to another person or location without the express written authorization of the Planning and Zoning Administrator.
B. The change of location of a massage establishment shall require the submission of a new application and the issuance of a new license.
(14) Rules And Regulations:
A. The Planning and Zoning Administrator may make and enforce reasonable rules and regulations to carry out the intent of this section.
(15) Application To Current Practices:
A. Any person who is actually engaged as a massage technician or an operator of a massage establishment upon the effective date of this Zoning Code, shall have sixty (60) days from that day to comply with the provisions of this section.
B. Provided, however, a person operating as a massage technician on the date of passage of this Zoning Code and who is otherwise operating in compliance with this Chapter, and who enrolls within sixty (60) days from the effective date of this section in a school of massage approved by the Ohio State Medical Board, may continue to operate as a massage technician so long as said enrollment continues, but not to exceed a period of one (1) year.
(16) Severability:
A. In the event any provision of this section shall be declared by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of this Chapter as a whole or any party thereof other than the part so declared to be invalid or unconstitutional.
(v) Medical Offices:
(1) Facilities shall be limited to the practice of physicians, dentists, chiropractors and other health care providers.
(2) The number of health care providers in any one (1) facility shall not exceed eight (8) persons.
(4) Trash receptacles shall be located not less than one hundred (100) feet from an abutting residence or residential zoned property.
(w) Mobile Homes:
(1) No mobile home, trailer coach, trailer or similar portable residence structure shall be permitted to locate in the City.
(2) The lawful use of any mobile home, trailer coach, trailer or similar portable residence located in the City at the time of the effective date of this Zoning Code or any amendment thereto or subsequently coming into the City may be continued although such use does not conform with the provisions of this Zoning Code, or any amendment thereto, provided, however, that:
A. Whenever a mobile home, trailer coach, trailer or similar portable residence structure not located in a mobile home park, specifically laid out for the purpose of providing space and normal utilities and accommodations on a rental basis for five (5) or more mobile homes, trailer coaches, trailers or similar portable residence structures, is once voluntarily removed from a parcel of land, it shall not be relocated on such land or replaced with another mobile home, trailer coach, trailer or similar portable residence structure.
B. Any mobile home, trailer coach, trailer or similar portable residence structure located in a mobile home park, specifically laid out for the purpose of providing space and normal utilities and accommodations on a rental basis for five (5) or more mobile homes, trailer coaches, trailers or similar portable residence structures, may, once it is removed, be replaced or substituted for, provided that if the use of the mobile home park is discontinued for a consecutive period of two (2) years or more, its privileged status as a nonconforming use shall cease and no future use of such mobile home park shall be made except in conformity to the general requirements of this Zoning Code or any amendment thereto.
(Ord. 186-2006. Passed 8-1-06.)
(x) Mortuaries/Funeral Homes:
(1) The proposed site shall have at least one (1) property line abutting an arterial or collector street.
(2) The service entrances to such facilities shall be screened from view of abutting residential properties.
(3) Parking areas abutting a residential district shall be screened with a five (5) foot wall or berm.
(4) All processional vehicles shall not be loaded and unloaded on a public street. (Ord. 186-2006. Passed 8-1-06; Ord. 31-2009. Passed 3-3-09.)
(y) Motels and Hotels:
(1) It shall be demonstrated that ingress and egress does not conflict with adjacent business uses.
(2) A four (4) foot solid wall such as brick, decorative block or decorative poured concrete must be provided where abutting or adjacent districts are zoned for residential use. The height of the wall shall be measured from the surface of the ground of the abutting residential district.
(3) No kitchen or cooking facilities are to be provided within the dwelling units with the exception of units for the use of the manager or caretaker unless otherwise approved by the Planning Commission.
(4) Each unit shall contain not less than two hundred fifty (250) square feet of floor area.
(z) Oil and Gas Wells:
(1) All drilling operations for the discovery of oil, gas, petroleum or other hydrocarbons, equipping of wells, producing and marketing of oil, gas, petroleum and hydrocarbons, plugging of wells and all materials used and work done in connection with the exploring for, producing, and marketing petroleum products shall be in conformity with all State and Federal laws, statutes, rules and regulations pertaining thereto.
(2) No permit shall be granted and no well shall be located unless the location is at least three hundred thirty (330) feet from an adjoining property line, unless such adjoining property shall be joined with the property so located, and unless the location be at least six hundred sixty (660) feet from an adjacent or adjoining well.
(3) The drilling location of any well shall in no instance be nearer than five hundred (500) feet from any street line, alley line or railroad right-of-way line.
(4) The drilling location of any well shall be at least seven hundred fifty (750) feet from any residential structure existing at the time actual drilling operations commences.
(aa) Outdoor Sales Space for New or Used, Recreational Vehicles, Mobile Homes and Boats:
(1) A minimum lot width of one hundred twenty (120) feet fronting on a street and containing a minimum of at least fifteen thousand (15,000) square feet of area shall be provided.
(2) A suitable building for said use shall be located on the site.
(3) All lighting shall be shielded from adjacent residential districts. String lights shall be prohibited.
(4) No repair or refinishing shall be done out of doors on the property.
(5) Banners, pennants, spinners and other attention getting devices shall be prohibited.
(6) Ingress and egress to the outdoor sales area shall be at least twenty (20) feet from the intersection of any two (2) streets.
(7) A six (6) foot wall or solid fence must be provided when abutting or adjacent districts are zoned or used for residential use. The height of the fence or wall shall be measured from the surface of the ground of the abutting residential district.
(8) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use, in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Chapter and the procedures of Chapter 1285. City Council may require an agreement between the City and the developer in order to guarantee specified improvements and City Council may impose impact fees and/or required escrows related to the project.
(bb) Outside Storage:
(1) A solid wall, earthen berm at least eight (8) feet in height shall be provided around all sides of the area abutting residential, office or commercial zoning district and shall be provided on all sides visible from public streets. Such wall or berm shall be of sound construction, painted or otherwise finished neatly and inconspicuously. Such fence, wall or berm shall be of permanent finish and construction.
(2) Ingress and egress to the facility shall be only from an arterial street. The City may approve access to a collector street if the City finds that such access point will further minimize impacts on other properties.
(3) The minimum lot or parcel size shall be five (5) acres.
(4) Adequate parking and unloading facilities shall be provided at the site so that no loaded vehicles at any time stand on a public right-of-way awaiting entrance to the site. (Ord. 186-2006. Passed 8-1-06.)
(cc) Parks, Parkways and Non-Commercial Recreational Facilities:
(1) Parks, parkways and recreation facilities shall be subject to site plan review to assure compatibility with residential areas.
(2) Any such use shall be so located and developed so as not to create a nuisance to abutting property, and so as to be neither injurious to the surrounding neighborhood nor contrary to the spirit and purpose of this Zoning Code.
(3) The development of parks, parkways or recreational facilities on waterfront sites shall be so developed as not to create visual barriers to other residential waterfront property or in any way restrict the use of residential waterfront property.
(4) Any use of land created by filling of water areas for parks and/or recreational use shall only be allowed upon the issuance of a permit by the City. Such permit shall be issued only if it can be shown that such filling of water areas will not in any way obstruct the view or hinder access to open water or which could in any way create any hazard to health or in any other way diminish the amenity enjoyed by land abutting the water area.
(Ord. 186-2006. Passed 8-1-06.)
(5) No building or outdoor storage area should be closer than fifty (50) feet to any property or street right-of-way line.
(6) Facilities shall provide off-street parking and passenger loading areas at least twenty- five (25) feet from residential lot lines.
(7) All sports fields shall be a minimum of one hundred (100) feet from any lot line and two hundred (200) feet from any dwelling.
(8) All buildings shall be harmonious in appearance with the surrounding area and shall be similar in design and appearance to other buildings on the same development site.
(9) Lighting of outdoor activities shall be shielded from adjacent residential areas.
(10) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use, in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Zoning Code and the procedures of Chapter 1285.
(Ord. 150-2007. Passed 10-2-07; Ord. 31-2009. Passed 3-3-09.)
(dd) Part-Time Child Care Center:
(1) Assurance shall be provided that all requirements of Ohio Revised Code 5104 as may be appropriate are complied with.
(2) Part-Time Child Care Center shall be limited to the care of any child for not more than four (4) hours on any day of the week.
(ee) Personal Services:
(1) An establishment or place of business primarily engaged in the provisions of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and nail salons, barbershops, shoe repair shops, tailor shops, laundromats and dry cleaners.
(2) Drive through facilities, if provided, shall meet the requirements of Section 1250.03(c) - (g) of this Zoning Code.
(ff) Private Outdoor Recreation Areas and Institutional Recreation Centers:
(1) Any use requiring a structure shall have such structures so located on the site as not to be closer than fifty (50) feet from the lot line of any adjacent residential lot.
(2) All ingress and egress to and from said site shall be directly on to an arterial or collector street.
(3) The off-street parking and general site layout and its relationship to all adjacent lot lines shall be reviewed by the Planning Commission. Reasonable restrictions or requirements may be imposed so as to insure that contiguous residential areas will be adequately protected.
(Ord. 150-2007. Passed 10-2-07.)
(gg) Public and Private Schools:
(1) Ingress and egress to and from the site shall be only from an arterial or collector street.
(2) The minimum lot or parcel size shall be two (2) acres.
(3) Service areas and facilities and outdoor recreation facilities shall not be located within one hundred (100) feet of a residential district or use.
(4) Parking areas shall not be located within fifty (50) feet of a residential district or use.
(5) Student drop-off and vehicular turn-around facilities shall be provided on the site so that vehicles will not interfere with traffic.
(6) No parking shall be allowed within the minimum front yard setback of not less than fifty (50) feet.
(7) Lighting of athletic fields shall be shielded from adjacent residential areas.
(8) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Zoning Code and the procedures of Chapter 1285. (Ord. 204-2008. Passed 11-4-08.)
(hh) Public Service Facility:
(1) No building or outdoor storage area shall be closer than fifty (50) feet to any property or street right-of-way line.
(2) Facilities shall provide off-street parking and passenger loading areas at least twenty- five (25) feet from residential lot lines.
(3) All parking areas and storage yards shall be screened with a six (6) foot wall or fence from abutting residential districts and from view from public streets.
(4) All buildings shall be harmonious in appearance with the surrounding area.
(Ord. 186-2006. Passed 8-1-06.)
(5) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Zoning Code and the procedures of Chapter 1285.
(Ord. 150-2007. Passed 10-2-07.)
(ii) Public Uses:
Editor’s Note: Former subsection (ii) hereof was repealed by Ordinance 150-2007.
(jj) Public/Private Utility:
(1) Such facilities shall not provide outdoor storage yards.
(2) It shall be shown that operating requirements necessitate locating said facilities within the district in order to serve the immediate vicinity.
(3) Adequate screening of facilities shall be provided when such facilities abut residential property. (Ord. 186-2006. Passed 8-1-06.)
(4) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use, in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Zoning Code and the procedures of Chapter 1285. City Council may require an agreement between the City and the applicant in order to guarantee specified improvements and City Council may impose fees and/or require escrows related to the project.
(Ord. 150-2007. Passed 10-2-07.)
(kk) Reasonable Accommodation Use:
(1) This use is intended to authorize and grant relief from the strict terms of this Zoning Code in order to provide equal housing opportunities particularly suited to the needs of persons entitled to reasonable accommodation under law and to encourage innovation in land use and variety in design and layout. In the event State and Federal law, e.g., The Federal Fair Housing Amendment Act of 1988, requires the City to make “reasonable accommodation” for a particular proposed use of property, the following shall apply:
A. As a condition to approval of a reasonable accommodation use, the applicant must comply with all the terms of this Chapter, and must demonstrate all of the following:
1. The ultimate residential uses or users of the property shall be persons for whom the State or Federal law mandates the City shall make reasonable accommodations in connecting with proposed uses of land.
2. Taking into consideration the needs, facts and circumstances which exist throughout the community and within the population to be served by the use, including financial and other conditions, making the proposed reasonable accommodation shall be necessary to afford such persons equal opportunity to the proposed use and enjoyment within the community.
3. Approval of the proposed housing shall not require nor will likely result in a fundamental alteration in the nature of the land use district and neighborhood in which the property is situated, considering cumulative impact of one (1) or more other uses and activities in, or likely to be in the area, and shall not impose undue financial and administrative burden. The interests of the community shall be balanced against the need for accommodation on a case-by-case basis.
4. No other specific provision exists and is available to provide the relief sought.
B. The application for a reasonable accommodation use shall include the following:
1. A plan drawn to scale showing the proposed use and development.
2. A separate document providing a summary of the basis on which the applicant asserts entitlement to approval of a reasonable accommodation use, covering each of the requirements of paragraphs A.1. through A.4., above.
3. The information required for site plan review, provided, upon showing by the applicant that the inclusion of specified information generally required for site plan review would be irrelevant, the City may waive the requirement to include such material in the application.
4. All regulations and standards for buildings, structures and site improvements within the district in which the property is situated shall apply.
(ll) Restaurants: Drive In, Fast Food, Full Service and Carry-Out Only:
(1) A setback of at least twenty (20) feet from the right-of-way line of any existing or proposed street shall be maintained.
(2) Access points shall be located at least sixty (60) feet from the intersection of any two (2) streets.
(3) All lighting shall be shielded from adjacent residential districts.
(4) A six (6) foot high completely solid wall shall be provided when abutting or adjacent districts are zoned Residential. The height of the wall shall be measured from the surface of the ground of the abutting residential district.
(5) Locations for any such establishment shall be confined to arterial streets and shall have the entrance to both the business and parking area for such establishment on the thoroughfare. Access from a side residential street or alley shall be prohibited.
(mm) Restaurant: Outdoor Café:
(1) An outdoor café may be set up and used from March 15 through October 31. The permitted hours of operation are from 7:00 a.m. to 12 midnight unless longer hours are specifically approved by the City. Noise radiating from an outdoor café which exceeds fifty (50) DBA between 8:00 p.m. and 12 midnight, or other approved hours, or fifty-five (55) DBA between 7:00 a.m. and 8:00 p.m., shall constitute prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area. The “DBA” represents the sound pressure level in decibel measured on the “A” scale of a standard sound level meter. Noise level measurements shall be taken at the zoning district boundary of any residential zoning district and any planned development as may be appropriate. In all other districts, noise level measurements shall be taken at the property line of an affected property. The City Council may, by resolution, extend the dates of operation or the hours of operation for a stipulated number of days, not to exceed a total of thirty (30) days per calendar year.
(2) A site drawing showing the detailed plan of the outdoor café shall be submitted to and approved by the City. The detailed plan is to include: the design, relevant details and location of all temporary structures such as awnings, planters, landscaping, railing, tables, chairs and other equipment, as well as lighting and electrical outlet locations. For café’s on public property, the plan shall also show existing sidewalks, buildings, curbs, existing improvements, i.e., lamp posts, street trees, benches, mailboxes, etc. A minimum of sixty (60) inches shall be maintained as an unobstructed clear area for pedestrian use.
(3) Plans for setting up the outdoor café must be approved by the City to provide for the free passage of pedestrians along the sidewalks, to provide for traffic and pedestrian safety and for fire safety issues. If alcohol is served, entrance to the outdoor café is required from inside the building. An outdoor café which is adjacent to residential properties or shares an alley with residential properties shall be screened with a solid wall a minimum of six (6) feet high.
(4) The outdoor café must be part of a licensed restaurant and meet all of the health requirements of the City and any other County or State requirements.
(5) For outdoor cafés on public property, liability insurance and property damage coverage naming the City as an insured party in an amount approved by the City, must be provided before setting up an outdoor café.
(6) No signs or any other forms of advertising are permitted in the outdoor dining area with the exception of an identification or menu sign. The name of the establishment may appear on the valance of an umbrella or awning.
(Ord. 186-2006. Passed 8-1-06.)
(7) Furnishings of an outdoor café shall consist solely of readily removable awnings, covers, canopies, railings, tables, chairs, planters containing plants and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property except that canopies, awnings, umbrellas, covers and railings, if specifically approved by the City, may be secured by means of flush-mounted anchors or other method.
(Ord. 103-2007. Passed 7-10-07.)
(Ord. 103-2007. Passed 7-10-07.)
(nn) Retail Business More Than 60,000 Square Feet:
(1) Large retail stores in excess of sixty thousand (60,000) square feet shall be reviewed and be approved or disapproved based upon the following, and other such standards as may be required in the best interest of the City:
A. The zoning lot proposed for such use shall abut an arterial street with at least five hundred (500) feet of frontage and the use shall have direct vehicular access to such street.
B. The zoning lot shall not abut a R-1 through R-5 District unless the existing use of such district is for other than residential purposes.
C. Vehicular access drives shall be set back not fewer than two- hundred and fifty (250) feet from an intersecting public street or private place as measured between the right-of-way or easement line of the street or place to the centerline of the access drive.
D. Market Analysis: A recognized, reputable market analyst shall set forth conclusive economic justification and needs for the establishment of a facility of the type and size proposed by the applicant. This analysis shall be based upon, but not limited, to such factors as the trade area of the community, the travel time from various parts thereof and to the proposed site; general development trends and anticipated population changes; economic trends and disposable income characteristics; expected sales volumes of the facility as indicated by the demands for certain types of merchandise; existing or anticipated competing commercial facilities; and other data and analysis which relate to the need for and feasible success and stability of the proposed facility.
E. Impact Assessment and Traffic Impact Study: An Impact Assessment and a Traffic Impact Study shall be submitted as provided in Chapter 1255 of this Zoning Code.
F. A List of Uses: To be included in the proposed center with the area of each to be devoted to retail space.
G. 1. All facades of a principal building that directly face and abutting public street shall feature at least one customer entrance.
2. Facades greater than 100 feet in length shall incorporate recesses and projections a minimum of 3 feet in depth and a minimum of 20 continuous 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.
3. Smaller retail spaces that are part of a larger principal retail building shall be transparent between the height of three feet and eight feet 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.
4. 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 12 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, either horizontally or vertically.
5. 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.
6. Predominant exterior building material shall be a high quality. These include brick, wood, limestone, other native stone, and tinted/textured concrete masonry units. Smooth- faced concrete block, tilt-up concrete panels, or pre- fabricated steel panes are prohibited as exterior building materials.
7. 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.
8. Building trim may feature brighter colors than facade colors, but neon tubing is prohibited.
9. Each principal building or tenant space shall have a clearly defined, highly visible customer entrance with a minimum of three of the following features: canopies, portiocs, 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.
10. A continuous internal pedestrian walkway shall be provided from the perimeter public sidewalk to the principal customer entrance. This internal walkway must feature landscaping, benches and other such materials/facilities for no less than fifty percent of its length.
11. Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping.
12. Require three parking spaces per 1,000 square feet of gross floor area.
13. 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 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.
14. Prohibit over-night parking of recreational vehicles and tractor-trailer vehicles anywhere within the site development.
15. A thirty-foot wide landscaped buffer along the front property line and abutting roadways is required. Where the facade faces adjacent residential uses, the developer must plant evergreen trees every twenty feet or in clusters. A minimum of twenty percent (20%) of parking areas is to be landscaped. Landscape islands are to be provided at a minimum of one for every ten (10) parking spaces with two shade trees planted for every landscape island.
16. Non-enclosed areas for the storage and sale of seasonal inventory must be “permanently defined” and screened (or covered) with walls or fences of the same materials and colors of the building.
17. Temporary sales and displays, such as Christmas trees and landscape materials, must adhere to the outdoor requirements for specified business and commercial districts. The Zoning Inspector shall review and approve the location, time and duration of the sales and displays.
18. For permanent fixtures, such as loading docks, truck parking, utility meters, HVAC equipment, trash containers, trash compaction, and other service functions, the following shall apply:
a. That such areas be incorporated into the overall design of the building and landscape plan;
b. That they be screened from visibility from all property lines and separated from pedestrian areas;
c. That screening structures be made of the same materials as the principal building;
d. That mechanical appurtenances be located within the structure and external ones be screened and finished to match the colors of adjacent building materials; and
e. That these areas be located in the rear of the lot, or if not possible, the side yard. In no case can the areas be located within twenty feet of (or visible from) public streets, sidewalks or internal walkways.
19. Any areas used for shopping cart containment as may be provided, shall be fully enclosed and screened by a minimum of four foot high masonry wall, berming and/or landscaping.
20. Mulch storage cannot displace any portion of the site development intended for parking access, landscaping, or loading and shall be screened with berming and/or landscaping.
21. Signage shall be designed as a coordinated and complementary architectural element of the buildings to which it is principally related. Freestanding signs shall have landscaping at their bases. Commercial centers shall have a project name that is easy to identify, relates well to the site, is not similar to other project names, is in good taste and can be integrated with site identification signage to provide a unified theme. Signage shall not exceed maximum requirements of the Planning and Zoning Code.
(Ord. 187-2006. Passed 8-1-06.)
H. After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use, in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Chapter and the procedures of Chapter 1285. City Council may require an agreement between the City and the developer in order to guarantee specified improvements and City Council may impose impact fees and/or required escrows related to the project. (Ord. 186-2006. Passed 8-1-06.)
(nn.a) Rooming House:
(1) Such dwellings shall meet all applicable codes and ordinances of the City, County and State.
(2) Floor plans drawn to scale of all floors to be utilized for bed and living activities shall be submitted to the City.
(3) Dwellings shall be suitable in character for the use proposed and shall not be cause for a change in character of the neighborhood.
(4) There shall be no separate cooking facilities provided for the occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the facility.
(5) Occupancy shall be of a transient nature. A registry indicating name, phone number and vehicle license number, shall be kept and shall be available to the City for inspection upon request.
(6) Off-street parking shall be provided based upon one (1) space for each rental room. It is the City’s intent to not encourage yards to be destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In those instances where parking requirements cannot be met, the applicant may request special consideration from the City. In such case, the applicant shall submit an analysis of parking required and parking provided within a three hundred (300) foot radius of the subject parcel. After analyzing this data, the City may lower the number of the required parking spaces based on the fact that sufficient on/off-street parking exists in the neighborhood.
(Ord. 31-2009. Passed 3-3-09.)
(oo) Sale and Storage of Building Materials:
(1) Outdoor storage of materials shall not be permitted in any yard abutting a public street.
(2) Outdoor display of items for sale shall not be located on any required parking area.
(3) An obscuring wall, fence or berm not less than six (6) feet high shall be provided when abutting a residential or office district.
(pp) Self Service Storage:
(1) The site shall be screened from a residential district or residence.
(2) No exterior lighting shall shine or illuminate beyond the property line onto adjacent property.
(3) Outdoor storage of any kind, if permitted, shall occur in the parking or site area and be located on the site so as not to be visible by the public.
(4) No toxic, hazardous, flammable or explosive materials shall be stored or allowed on-site.
(5) Security entry shall be required, restricting access to operators and users of the facilities.
(qq) Semi-Public Uses:
(1) The proposed site shall have at least one (1) property line abutting an arterial street.
(2) The minimum distance of any main or accessory building from boundary lot lines or streets shall be at least fifty (50) feet for front, rear and side yards for all one (1) and two (2) story structures. For every story above two (2) the minimum yard distance shall be increased by at least ten (10) feet. Required front yards shall not be utilized for parking.
(3) Delivery areas shall be obscured from all public view with an obscuring wall or fence five (5) feet in height. Ingress and egress to the site shall be directly from an arterial street.
(4) All ingress and egress to the off-street parking area, for guests, employees and staff, as well as any other uses of the facilities, shall be from an arterial street.
(rr) Service Station:
(1) All above ground or underground structures other than permitted signs or drives are to be located at least twenty (20) feet from any lot line, and at least fifty (50) feet from any residential district lot line.
(2) Driveways shall be at least twenty-four (24) feet from any intersecting street rights-of-way or residential district lot line.
(3) All proposed structures shall be located at least three hundred (300) feet from any property which is used as a public or private school, church, hospital, theater, playground, fire station or place of public congregation.
(4) A six (6) foot completely obscuring wall shall be provided abutting a residential district.
(5) Under canopy lighting shall have fixtures mounted flush with the surface of the underside of the canopy and shall not be of such intensity as to be distractive to traffic on abutting streets.
(ss) Sexually Oriented Business: Sexually oriented businesses require special supervision from the City of Perrysburg in order to protect and preserve the health, safety, morals and welfare of the patrons and employees of the businesses as well as the citizens of Perrysburg. The City finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature. The concern over sexually transmitted diseases is a legitimate health concern that demands reasonable regulation of sexually oriented businesses in the specified manner, and expanded authority for reasonable regulation of sexually oriented businesses by local governments, in order to protect the health and well-being of the citizens. Minimal regulations enacted by the City of Perrysburg are a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly in the overnight hours, and downgrade property values.
(1) Purpose: The purpose of this section is to regulate Sexually Oriented Businesses through the application of uniform zoning and licensing requirements to minimize and control these adverse effects by regulating sexually oriented businesses in the specified manner. By minimizing and controlling these adverse effects, the City of Perrysburg seeks to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight. It is not the intent of the City of Perrysburg in enacting this Code to suppress or authorize the suppression of any speech activities protected by the First Amendment, but to enact content-neutral statutes that address the secondary effects of sexually oriented businesses. Also, it is not the intent of the City of Perrysburg to condone or legitimize the distribution of obscene material, and the City recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in this State.
(2) Definitions: For the purposes of this section, the following terms, phrases and words shall have the meanings given to them herein.
A. Adult Bookstore or Adult Video Store: Any commercial establishment that has as a significant or substantial portion of its stock in trade or inventory in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of books, magazines, periodicals, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
B. Adult Booth: Any area of a sexually oriented business establishment set off from the remainder of such establishment by one (1) or more walls or other dividers or partitions and used to show, play or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
C. Adult Cabaret: Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
1. Persons who appear nude or semi-nude.
2. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
3. Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
D. Adult Material: Any of the following, whether new or used:
1. Books, magazines, periodicals or other printed material, or digitally stored materials that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
2. Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
3. Instruments, novelties, devices or paraphernalia that is designed for use in connection with specified sexual activities, or that depicts or describes specified anatomical areas.
E. Adult Motel: A motel, hotel or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
F. Adult Motion Picture Theater: Any commercial establishment, that as a majority portion of its business, features or where films, motion pictures, videos or audio cassettes, slides, or similar photographic reproductions or recordings that are characterized by their emphasis upon the exposure, depiction or display of specified sexual activities or specified anatomical areas or the conduct or simulation of specified sexual activities are regularly shown to more than five individuals for any form of consideration.
G. Adult Oriented Store: Any commercial establishment that:
1. Contains one (1) or more adult booths, and/or
2. Devotes over ten percent (10%) of its interior business to the sale, rental or viewing of any adult materials or over fifty percent (50%) of its revenue is derived from the sale of adult materials.
H. Characterized by: means describing the essential character or quality of an item.
I. Commercial Establishment: Any place where admissions, services, performances or products are provided for or upon payment of any form of consideration.
J. Days: Calendar days, unless otherwise specifically set forth in this section.
K. Employee: Any individual who performs a service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent, entertainer, or otherwise, but does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
L. Licensed Premises: The place or location described in the sexually oriented business establishment license where a sexually oriented business establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way or grounds adjacent to any such place or location shall be included within the licensed premises.
M. Licensee: Any person or entity that has been issued a sexually oriented business license pursuant to the provisions of this section.
N. Nude or Semi-Nude Model Studio: Any place where a person who regularly appears in a state of nudity or semi-nudity is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.
1. A modeling class or studio is not a nude or seminude modeling studio and is not subject to this section if it is operated in any of the following ways:
a. By a college, junior college or university supported entirely or partly by taxation.
b. By a private college or university that maintains and operates educational programs, the credits for which are transferable to a college, junior college or university supported entirely or partly by taxation.
2. In a structure to which all of the following apply:
a. It has no sign visible from the exterior of the structure and no other advertising indicating that a person appearing in a state of nudity or semi-nudity is available for viewing.
b. In order to participate in a class in the structure, a student must enroll at least three (3) days in advance of the class.
c. No more than one (1) nude or semi-nude model is on the premises at anyone time.
O. Nudity or Nude or State of Nudity: A state of dress or undress that exposes to view:
1. Less than completely and opaquely covered human genitals, pubic region, anus, or female breast below a point immediately above the top of the areola, but not including a portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed, or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
P. Operator: Any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises.
Q. Patron: Any individual on the premises of a sexually oriented business except for any of the following:
1. An operator or an employee of the sexually oriented business;
2. An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises;
3. A public employee or a volunteer firefighter, emergency, or medical services worker acting within the scope of the public employee's or volunteer's duties as a public employee or volunteer.
R. Premises: Any real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages adjacent to the real property under the ownership, control, or supervision of the owner or operator of the sexually oriented business.
S. Regularly: Means consistently or repeatedly.
(Ord. 93-2010. Passed 6-1-10.)
T. Reviewing Departments: The City Administrator, Police Department, Planning and Zoning Division, and Law Director's Office. (Ord. 117-2010. Passed 7-6-10.)
U. Semi-Nude or State of Semi-nudity: A state of dress or undress in which opaque clothing covers not more than the human genitals, anus and areola of the female breasts, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves or socks.
V. Sexual Device: Any three-dimensional object designed and marketed for stimulation of the male or female human genitals or anus or female breasts or for sadomasochistic use or abuse of oneself or others, including, but not limited to, dildos, vibrators, penis pumps, and physical representations of the human genital organs, but not including devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
W. Sexual Device Shop: Any commercial establishment that regularly features sexual devices, but not including any pharmacy, drug store, medical clinic, or establishment primarily dedicated to providing medical or health care products or services, and not including any commercial establishment that does not restrict access to its premises by reason of age.
X. Sexual Encounter Establishment/Center: Any business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where two (2) or more persons may congregate, associate or consort for the purpose of engaging in specified sexual activities or wrestling or tumbling or when one (1) or more of the persons is nude or seminude. An establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to Section 4731.15 of the Ohio Revised Code, is not a "sexual encounter establishment" nor an "adult entertainment establishment".
Y. Sexually Oriented Business Use Commissioner: The Planning and Zoning Administrator, or his designee, shall be the Sexually Oriented Business Use Commissioner.
Z. Sexually Oriented Business: Any adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult oriented store, sexual device shop, or sexual encounter establishmentlcenter, but does not include a business solely by reason of its showing, selling or renting materials that may depict sex.
AA. Sexually Oriented Business Establishment License: A license issued for a sexually oriented business establishment pursuant to the provisions of this section.
BB. Specified Anatomical Areas: Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
CC. Specified Criminal Act: Any unlawful, lewd, indecent, or immoral criminal conduct, including rape, sexual battery, corruption of a minor, gross sexual imposition, sexual imposition, importuning, public indecency, compelling prostitution, promoting prostitution, procuring, soliciting and prostitution as defined by the Ohio Revised Code.
DD. Specified Sexual Activities: Any of the following;
1. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy.
3. Masturbation, actual or simulated.
4. Human genitals in a state of sexual stimulation, arousal or turgescence.
5. Excretory functions as part of or in connection with any of the activities set forth in subsections DD.1 through 4. hereof.
EE. Straddle Dance: The use by any person, including specifically but without limitation, a sexually oriented business establishment employee, of any part of his or her body to touch the genitals, pubic region, anus or female breast of any sexually oriented business establishment patron or any other person, or the touching of the genitals, pubic region, buttock, anus or female breast of any person by any sexually oriented business establishment patron. Conduct shall be a straddle dance regardless of whether the "touch" or "touching" occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a straddle dance regardless of whether the "touch" or "touching" is direct or through a medium. Conduct commonly referred to by the slang terms "lap dance", "table dance" and "face dance" shall be included within this definition of straddle dance.
FF. Zoning Code: The part of the City of Perrysburg Codified Ordinances known and referred to as the Perrysburg Zoning Code, as it may be amended.
(3) Sexually Oriented Business Use Commissioner. The Planning and Zoning Administrator, or his designee, is designated the Sexually Oriented Business Use Commissioner. The Sexually Oriented Business Use Commissioner shall have the following powers and duties:
A. To administer and rule upon the applications for and the issuance, renewal, suspension, and revocation of sexually oriented business licenses as set forth in this section.
B. To conduct or provide for such inspection of sexually oriented businesses as shall be necessary to determine and ensure compliance with the provisions of this section and other applicable provisions of law.
C. To periodically review the provisions of this section and the conduct and operation of sexually oriented business establishments and to make such related reports and recommendations to the City Council, as the Sexually Oriented Business Use Commissioner shall deem necessary.
D. To conduct such hearings, studies and reports on sexually oriented businesses as the Sexually Oriented Business Use Commissioner shall deem necessary and to conduct such hearings on the revocation or suspension of a sexually oriented business license as required pursuant to this section.
E. To take such further actions as the Sexually Oriented Business Use Commissioner deems necessary to carry out the purpose and intent of this section and to exercise such additional powers in furtherance thereof as are implied by the powers and duties expressly set forth in this section.
(4) Sexually Oriented Business Licenses Generally:
A. Sexually Oriented Business License Required: A sexually oriented business license shall be required to establish, operate or maintain a sexually oriented business within the City.
B. Operation Without License Prohibited: It shall be unlawful for any person not having a current and valid sexually oriented business license to establish, operate or maintain a sexually oriented business within the City at any time after the effective date of this Zoning Code.
C. Operation in Violation of License Prohibited: It shall be unlawful for any licensee to establish, operate or maintain a sexually oriented business within the City except in the manner authorized by, and in compliance with, the provisions of this section and the licensee's sexually oriented business license.
D. Content and Display of License: Every sexually oriented business license shall be provided by the City and shall, at a minimum, prominently display on its face the name of the licensee, the expiration date and the address of the sexually oriented business. Every licensee shall display the license at all times in plain view in a conspicuous place on the licensed premises so that it may be easily seen and read at any time by any person entering the licensed premises.
E. License Term: Sexually oriented business licenses shall be operative and valid, unless first terminated, suspended or revoked, for a term of one (1) year commencing on the date of issuance and may be renewed only by making an application. Application for renewal shall be made at least forty-five (45) days before the expiration date.
(5) Form and Submittal of License Application:
A. Required Form: An application for a sexually oriented business license or the renewal thereof shall be made in writing to the Sexually Oriented Business Use Commissioner on a form prescribed by the Sexually Oriented Business Use Commissioner and shall be signed by:
1. The applicant, if the applicant is an individual;
2. At least one (1) of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization; or
3. By a duly authorized agent, if the applicant is a corporation. Each application shall specifically identify the applicant and the licensed premises for which a sexually oriented business license is sought. Each initial or renewal application shall be accompanied by ten (10) identical copies.
B. Administrative Processing Fee: Every applicant for a sexually oriented business license shall pay an administrative processing fee in the amount of five hundred dollars ($500.00). The administrative processing fee shall in all cases be non-refundable.
C. Required Information and Documents: Each application shall include the following information and documents:
1. Names of applicants:
a. Individuals: The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization.
b. Corporations: The applicant corporation's complete name and official business address, the legal name, all aliases and the ages, business addresses, and social security numbers of all the directors, officers and managers of the corporation and of every person owning or controlling more than fifty percent (50%) of the voting shares of the corporation; the corporation's date and place of incorporation and the objects for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Ohio; and the name of the registered corporation agent and the address of the registered office for service of process.
c. Partnerships: (General or limited) joint ventures, or any other type of organization where two (2) or more persons share in the profits and liabilities of the organization. The applicant organization's complete name and official business address; the legal name, all aliases and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.
2. The general character and nature of the business of the applicant.
3. The location, including street address, legal description and telephone number, of the premises for which the sexually oriented business license is sought.
4. The specific name of the business that is to be operated under the sexually oriented business license.
5. The identity of each fee simple owner of the licensed premises.
6. A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits and the fixed structural internal features of the licensed premises, plus the interior rooms, walls, partitions, stages, performance areas and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required, provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six (6) inches and sufficient to show clear compliance with the provisions of this section. The requirements of this section shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and if the license certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this section shall not be deemed to be, and shall not be interpreted or construed to constitute, any other City approval otherwise required pursuant to applicable City ordinances and regulations.
7. The specific type or types of sexually oriented businesses that the applicant proposes to operate in the licensed premises.
8. A copy of each sexually oriented business license, liquor license and gaming license currently held by the applicant or any of the individuals identified in the application.
9. The name of the individual or individuals who shall be the day-to-day on site managers of the proposed sexually oriented business.
10. Any application for a sexually oriented business license that does not include all of the information and documents required pursuant to this section shall be deemed to be incomplete and shall not be acted on or processed by the City. The Sexually Oriented Business Use Commissioner shall, within five (5) days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
11. The criminal record of the licensee or any employee convicted of a specified criminal act within the five (5) years preceding the licensee's application.
(6) Processing of License Application:
A. Upon the filing of an application for a sexually oriented business license, the Sexually Oriented Business Use Commissioner shall refer the application to the appropriate City departments for investigation to be made on the information contained in the application. The application process shall be completed within thirty (30) days from the date of the completed application. After the investigation the Sexually Oriented Business Use Commissioner shall issue a license unless the requirements set forth above are not met.
B. Appeal: An applicant may appeal any decision of the Sexually Oriented Business Use Commissioner denying an application to the Perrysburg City Council. The applicant must file the appeal with the Clerk of Council within fifteen (15) days after service of notice upon the applicant of the Sexually Oriented Business Use Commissioner's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Sexually Oriented Business Use Commissioner may submit a memorandum in response if the Sexually Oriented Business Use Commissioner so desires. After reviewing the memoranda, as well as the Sexually Oriented Business Use Commissioner's written decision, if any, the City Council shall vote either to approve or overrule the Sexually Oriented Business Use Commissioner's decision. City Council shall rule on the appeal within thirty (30) days of its filing. All parties shall comply with the Sexually Oriented Business Use Commissioner's decision pending appeal. Judicial review may be made pursuant to Chapter 2506 of the Ohio Revised Code.
(7) Standards for Issuance or Denial of License:
A. The Sexually Oriented Business Use Commissioner shall issue a sexually oriented business license to an applicant if, and only if, the Sexually Oriented Business Use Commissioner finds and determines all of the following based on the reports, investigations, and inspections conducted by the Sexually Oriented Business Use Commissioner and any Reviewing Departments or Divisions and on any other credible information on which it is reasonable for the Sexually Oriented Business Use Commissioner to rely.
1. All information and documents required by this section for issuance of a sexually oriented business license have been properly provided and the material statements made in the application are true and correct.
2. No person identified in the application has been convicted of nor pleaded nolo contendere to any specified criminal act as defined by this section within five (5) years immediately preceding the date of the application.
3. No person identified in the application is overdue on payment to the City of fees, fines or penalties assessed against or imposed on any such individual in connection with any sexually oriented business.
4. The sexually oriented business and the licensed premises comply with all then-applicable building, health, and safety codes and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the Zoning Code.
5. The applicant has confirmed in writing and under oath as part of the application that the applicant has read this section and all provisions of the Zoning Code applicable to sexually oriented businesses, that the applicant is familiar with their terms and conditions and that the licensed premises and the proposed sexually oriented business establishment and its proposed operation are and shall be in compliance therewith.
(8) Inspection by the City:
A. Authority: The Sexually Oriented Business Use Commissioner and other City representatives, Departments or Divisions with jurisdiction shall periodically inspect all sexually oriented businesses as shall be necessary to determine compliance with the provisions of this section and all other applicable law.
B. Denial: If the Sexually Oriented Business Use Commissioner determines that the applicant has not met any one or more of the conditions set forth herein, then the Sexually Oriented Business Use Commissioner shall deny issuance of the sexually oriented business license and shall give the applicant a written notification and explanation of such denial.
C. License Deemed Issued: If the Sexually Oriented Business Use Commissioner does not issue or deny the sexually oriented business license within thirty (30) days after the properly completed application is submitted, the sexually oriented business license applied for shall be deemed to have been issued.
D. Suspension or Revocation: Any such prohibition, interference or refusal shall be grounds for suspension or revocation of the sexually oriented business license.
(9) Change In Information: During the pendency of any application for, or during the term of, any sexually oriented business license, the applicant or licensee shall promptly notify the Sexually Oriented Business Use Commissioner in writing of any change in any material information given by the applicant or licensee in the application for such license, including specifically, but without limitation, any change in managers of the sexually oriented business establishment or in the individuals identified in the application pursuant to this section; or if any of the events constituting grounds for suspension or revocation pursuant to this section occur.
(10) Regulations Applicable to all Sexually Oriented Businesses:
A. General Compliance: All licensed premises and sexually oriented business establishments shall comply with the provisions of this section and with the provisions of all other applicable City ordinances, resolutions, rules and regulations and all other applicable Federal, State and local laws.
B. Location of Operation: Sexually oriented businesses shall be at least 1,000 feet from any residential district (R1 through RM), any school (public or private), religious place of worship, park, library, massage establishment, or other sexually oriented business.
C. Hours of Operation:
1. No sexually oriented business establishment shall be open for business at any time on any State of Ohio or Federal holiday.
2. No sexually oriented business establishment shall be open for business between the hours of 12:00 a.m. and 11:00 a.m. on any day.
D. Animals: No animals, except Seeing Eye dogs required to assist the blind, shall be permitted at any time at or in any sexually oriented business establishment or licensed premises.
E. Restrooms: All restrooms in sexually oriented business establishments shall be equipped with standard toilets, sinks and other traditional lavatory facilities. No adult materials or live performances shall be provided or allowed at any time in the restrooms of a sexually oriented business establishment. Separate male and female restrooms shall be provided for and used by sexually oriented business establishment employees and patrons.
F. Restricted Areas: No sexually oriented business establishment patron shall be permitted at any time to enter into any of the non- public portions of any sexually oriented business establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of sexually oriented business employees. This provision shall not apply to persons delivering goods, materials, food, beverages or performing maintenance or repairs to the licensed premises. These persons shall remain in the non-public areas only for the purposes and to the extent and time necessary to perform their job duties.
G. Specific Prohibited Acts:
1. No sexually oriented business employee or any other person at any sexually oriented business establishment, other than a sexually oriented business employee employed to provide adult entertainment in accordance with the regulations in this section shall appear, be present or perform while nude or semi-nude; further, no such employee shall appear, be present or perform while nude at any sexually oriented business establishment that serves or otherwise provides alcoholic liquor pursuant to a license issued by the State of Ohio.
2. No sexually oriented business employee or any other person at any sexually oriented business establishment shall perform or conduct any specified sexual activity with or for any sexually oriented business patron or any other person at any sexually oriented business establishment, or any other sexually oriented business employee or any other person. No sexually oriented business establishment patron or any other person at any sexually oriented business establishment shall perform or conduct any specified sexual activity with or for any sexually oriented business establishment employee or patron or any other person.
3. Straddle dances shall be prohibited at all sexually oriented business establishments.
H. Exterior Display: No sexually oriented business establishment shall be maintained or operated in any manner that causes, creates or allows public viewing of any adult material or any entertainment depicting, describing or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of a sexually oriented business establishment shall utilize or contain any flashing lights, search lights or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to the extent specifically allowed pursuant to this section with regard to signs. This provision shall apply to any advertisement, display, promotional material, decoration or sign; to any performance or show; and to any window, door or other opening.
I. Noise: No loudspeakers or sound equipment audible beyond the licensed premises shall be used at any time.
J. Gambling and Related Devices Prohibited: No sexually oriented business establishment shall contain any video, pinball, slot, bagatelle, pigeon-hold, pool, or any other games, machines, tables or implements.
K. Manager's Station: Each sexually oriented business establishment shall have one or more manager's stations. The interior of each sexually oriented business establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one (1) manager's station to every part of each area, except restrooms, of the establishment to which any sexually oriented business establishment patron is permitted access for any purpose.
L. Alcohol Prohibition: No sexually oriented business establishment that serves or otherwise provides alcoholic liquor pursuant to a liquor license shall provide or allow sexually oriented business establishment employees to appear, be present or perform while nude.
(11) Special Regulations For Adult Booths:
A. Prohibited Except in Adult Stores: Adult booths shall be prohibited in all sexually oriented business establishments except adult stores.
B. Occupancy and Prohibited Acts: Only one (1) individual shall occupy an adult booth at any time. No individual occupying an adult booth shall engage in any specified sexual activities. No individual shall damage or deface any portion of an adult booth.
C. Open Booth Requirement: In addition to satisfying the manager station requirements of this section, all adult stores containing adult booths shall be physically arranged in such a manner that the entire interior portion of such adult booth shall be visible from the common area of the adult store.
To satisfy this requirement, there shall be a permanently open and unobstructed entranceway for each adult booth and for the entranceway from the area of the adult store that provides other adult materials to the area of the adult store containing the adult booths. Each of these entranceways shall not be capable of being closed or obstructed, entirely or partially, by any door, curtain, partition, drapes or any other obstruction whatsoever that would be capable of wholly or partially obscuring the area of the adult store containing the adult booths or any person situated in an adult booth. It shall be unlawful to install adult booths within a sexually oriented business establishment for the purpose of providing secluded viewing of adult materials or live performances.
D. Aisle Required: There shall be one (1) continuous lighted main aisle alongside the adult booths provided in any adult store. Each person situated in a booth shall be visible at all times from the aisle.
E. Holes Prohibited: Except for the open booth entranceway, the walls and partitions of each adult booth shall be constructed and maintained of solid walls or partitions without any holes or openings whatsoever.
F. Signage: A sign shall be posted in a conspicuous place at or near the entranceway to each adult booth that states:
1. That only one (1) person is allowed in an adult booth at any one time,
2. That it is unlawful to engage in any specified sexual activities while in an adult booth, and
3. That it is unlawful to damage or deface any portion of an adult booth.
G. Age Limitations:
1. No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult booth or a licensed premises that includes an adult booth shall be under the age of twenty-one (21).
2. No person under the age of twenty-one (21) shall be admitted to any adult booth or any licensed premises that includes an adult booth.
3. No person under the age of twenty-one (21) shall be allowed or permitted to remain at any adult booth or at any licensed premises that includes an adult booth.
4. No person under the age of twenty-one (21) shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult booth or any licensed premises that includes an adult booth.
(12) Special Regulations for Adult Cabarets:
A. Performance Area: The performance area of an adult cabaret shall be limited to one (1) or more stages or platforms permanently anchored to the floor (a "Cabaret Stage"). Each Cabaret Stage shall be elevated above the level of, and separate from, the patron seating areas. Each Cabaret Stage shall be separated by a distance of at least eighteen (18) inches from all areas of the premises to which sexually oriented business establishment patrons have access. A continuous barrier at least two (2) feet in height and located at least eighteen (18) inches from all points of each Cabaret Stage shall separate each Cabaret Stage from all patron seating areas. No adult patron shall be allowed at any time on any Cabaret Stage.
B. Lighting: Sufficient lighting shall be provided and equally distributed throughout the public areas of the adult cabaret so that all objects are plainly visible at all times. A minimum lighting level of not less than thirty (30) lux horizontal, measured at thirty (30) inches from the floor and on ten (10) foot centers shall be maintained at all times for all areas of the adult cabaret where sexually oriented business establishment patrons are admitted.
C. Tipping: No sexually oriented business establishment patron shall offer, and no sexually oriented business establishment employee having performed on any Cabaret Stage shall accept any form of tip or gratuity offered directly or personally to the employee by the sexually oriented business establishment patron. Rather, all tips and gratuities to sexually oriented business establishment employees performing on any Cabaret Stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the sexually oriented business establishment or shall be placed by the sexually oriented business establishment patron on the Cabaret Stage on which the sexually oriented business establishment employee is performing.
D. Notice of Select Rules: A sign at least two (2) feet by two (2) feet with letters of at least one (1) inch high shall be conspicuously displayed on or adjacent to every Cabaret Stage stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF PERRYSBURG. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN ANY SEXUAL CONDUCT.
NOT PERMITTED TO ACCEPT ANY TIPS DIRECTLY OR PERSONALLY FROM PATRONS. ANY SUCH TIPS MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT OR MUST BE PLACED DIRECTLY ON THE CABARET STAGE.
For adult cabarets with a liquor license, the following third rule shall also be included in the sign required by this provision:
NOT PERMITTED TO APPEAR IN A STATE OF NUDITY.
E. Age Limitations:
1. No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult cabaret or a licensed premises used for an adult cabaret shall be under the age of twenty-one (21).
2. No person under the age of twenty-one (21) shall be admitted to any adult cabaret or to any licensed premises used for an adult cabaret.
3. No person under the age of twenty-one (21) shall be allowed or permitted to remain at any adult cabaret or any licensed premises used for an adult cabaret.
4. No person under the age of twenty-one (21) shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult cabaret or any licensed premises used for an adult cabaret.
(13) Special Regulations For Adult Stores:
A. Windows: Window areas for adult stores shall not be covered or obstructed in any way.
B. Age Limitations:
1. No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult store or a licensed premises used for an adult store shall be under the age of twenty-one (21).
2. No person under the age of twenty-one (21) shall be admitted to any adult store or to any licensed premises used for an adult store.
3. No person under the age of twenty-one (21) shall be allowed or permitted to remain at any adult store or any licensed premises used for an adult store.
4. No person under the age of twenty-one (21) shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult store or any licensed premises used for an adult store.
(14) Special Regulations For Adult Theaters:
A. Seating: Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immoveable arms and not on couches, benches or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the adult theater.
B. Aisle: Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times.
C Sign: Each adult theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area which number shall not exceed the number of seats in the auditorium area.
D. Age Limitations:
1. No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult theater or a licensed premises used for an adult theater shall be under the age of twenty-one (21).
2. No person under the age of twenty-one (21) shall be admitted to any adult theater or to any licensed premises used for an adult theater.
3. No person under the age of twenty-one (21) shall be allowed or permitted to remain at an adult theater or any licensed premises used for an adult theater.
4. No person under the age of twenty-one (21) shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult theater or any licensed premises used for an adult theater.
(15) Licensee Responsibility For Employees: Every act or omission by a sexually oriented business establishment employee constituting a violation of the provisions of this section shall be deemed to be the act or omission of the licensee if such act or omission occurs either with the authorization, knowledge or approval of the licensee or as a result of the licensee's negligent failure to supervise the sexually oriented establishment employee. The licensee shall be punished for any such act or omission in the same manner as if the licensee committed the act or caused the omission. Accordingly, any such act or omission of any such employee constituting a violation of the provisions of this section shall be deemed, for purposes of determining whether the licensee's sexually oriented business establishment license shall be revoked, suspended or renewed, to be an act or omission of the licensee.
(16) License Revocation Or Suspension:
A. Grounds: Pursuant to the procedures set forth in this section, the Sexually Oriented Business Use Commissioner may suspend for not more than thirty (30) days, or revoke, any sexually oriented business establishment license if the Sexually Oriented Business Use Commissioner, based on credible and reasonably reliable information and evidence, determines that any one (1) or more of the following has occurred:
1. The licensee has violated any of the provisions or requirements of this section or the sexually oriented business establishment license issued pursuant hereto, or the provisions of the Zoning Code applicable to the licensed premises or the sexually oriented business establishment.
2. The licensee:
a. Knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the City for the issuance or renewal of any sexually oriented business establishment license or,
b. Knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee's behalf.
3. The licensee has committed a felony or specified criminal act on the licensed premises. The licensee becomes disqualified for the issuance of a sexually oriented business establishment license at any time during the term of the license and for five (5) years thereafter.
4. The licensee authorizes, approves, or, as a result of the licensee's negligent failure to supervise the licensed premises or the sexually oriented business establishment, allows a sexually oriented business establishment employee, a sexually oriented business establishment patron, or any other person to:
a. Violate any of the provisions or requirements of this section or of the provisions or requirements of the sexually oriented business establishment license issued pursuant hereto, or
b. Commit any felony or specified criminal act on the licensed premises. The licensee, or any person identified in this section becomes disqualified for the issuance of a sexually oriented business establishment license at any time during the term of the license at issue and for five (5) years thereafter.
B. Procedure: A sexually oriented business establishment license may be suspended for not more than thirty (30) days or permanently revoked pursuant to the terms and conditions set forth in this section.
1. Notice: Upon determining that one (1) or more of the grounds for suspension or revocation under item (16)A. hereof may exist, the Sexually Oriented Business Use Commissioner shall serve a written notice on the licensee in person or by certified mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. The written notice shall, at a minimum:
a. State that the Sexually Oriented Business Use Commissioner has determined that the sexually oriented business establishment license may be subject to suspension or revocation pursuant to this section.
b. Identify the specific grounds for the Commissioner's determination; and
c. Set a date for a hearing regarding the Sexually Oriented Business Use Commissioner's determination as to the possibility of suspension or revocation of the sexually oriented business establishment license. The date of the hearing shall be no less than five (5) days after service of the Commissioner's notice, unless an earlier or later date is agreed to by the licensee and the Sexually Oriented Business Use Commissioner.
2. Hearing: The hearing shall be conducted by the Sexually Oriented Business Use Commissioner. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the Sexually Oriented Business Use Commissioner from suspending or revoking the license and the City and any other persons must submit evidence to sustain such grounds. The administrative record compiled on the sexually oriented business establishment pursuant to this section shall be made part of the hearing record. Within three (3) days after the close of the hearing, the Sexually Oriented Business Use Commissioner shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Sexually Oriented Business Use Commissioner shall be final and shall be subject to judicial review.
3. Notice and Effective Date of Suspension or Revocation: The Sexually Oriented Business Use Commissioner's written decision shall be served on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. Any suspension or revocation, as the case may be, shall take effect on the day that the Sexually Oriented Business Use Commissioner's written decision is delivered in person or three (3) days after it is placed in the U.S. mail as provided within this section.
4. Surrender of License: Upon the suspension or revocation of sexually oriented business establishment license pursuant to this section, the Sexually Oriented Business Use Commissioner shall take custody of the suspended or revoked license.
(17) Administrative Record: The Sexually Oriented Business Use Commissioner shall cause to be kept in the Commissioner's office an accurate record of every sexually oriented business establishment license application received and acted on, together with all relevant information and material pertaining to such application, any sexually oriented business establishment license issued pursuant thereto and any sexually oriented business establishment operated pursuant to such sexually oriented business establishment license.
(18) Record Keeping By Licensee:
A. The licensee of every sexually oriented business establishment shall maintain a register of all of its sexually oriented business establishment employees. For each such employee, the register shall include the following information:
1. Legal name.
2. Any and all aliases.
3. Date of birth.
4. Gender.
5. Social security number.
6. Date of commencement of employment.
7. Date of employment termination, if applicable.
8. Specific job or employment duties.
B. The register shall be maintained for all current employees and all employees employed at any time during the preceding thirty-six (36) months. The licensee shall make the register of its sexually oriented business establishment employees available for inspection by the City immediately upon demand at all reasonable times.
(19) Severability: If any part of Section 1235.04(ss) is deemed to be unconstitutional or otherwise invalid, the validity of the remaining provisions shall not be effected thereby.
(20) Nuisance Declared: Any sexually oriented business establishment established, operated or maintained in violation of any of the provisions or requirements of this section or any sexually oriented business establishment license shall be, and the same is, declared to be unlawful and a public nuisance. The City may, in addition to or in lieu of any other remedies set forth in this section, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating or maintaining a sexually oriented business establishment contrary to the provisions of this section.
(21) Computation Of Time: Unless otherwise specifically set forth in this section, the time within which any act required by this section is to be done shall be computed by excluding the first (1st) day and including the last day, unless the last day is Saturday, Sunday or a Federal or State of Ohio holiday, in which it shall also be excluded. If the day immediately following such Saturday, Sunday or holiday is also a Saturday, Sunday or holiday, then such succeeding day shall also be excluded.
(22) Penalty: Any person who violates, neglects, refuses to comply with or assists or participates in any way in the violation of any of the provisions or requirements of this section or of any of the provisions or requirements of any sexually oriented business establishment license, is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each such violation. Each day such violation continues shall constitute a separate offense.
(Ord. 93-2010. Passed 6-1-10.)
(tt) Shopping Center:
(1) A site of not less than five (5) acres shall be provided.
(2) For centers more than twenty (20) acres a market analysis, impact assessment and traffic impact study shall be provided along with a proposed site plan for the property.
(3) Screening of abutting residential property by a combination of decorative wall and landscaping shall be provided.
(4) Service areas such as truck unloading and trash receptacles shall be screened from public view and shall be located no closer than one hundred (100) feet to any abutting residential property.
(5) Servicing and trash pick up shall be limited to the hours of 8:00 a.m. to 8:00 p.m.
(uu) Social Activities:
(1) Social clubs shall be located only an arterial or collector streets.
(2) Off street parking shall be provided and shall not require street side parking on residential streets.
(3) Outdoor activities areas shall be screened with planting and/or shall be so located as not to impact on abutting properties.
(vv) Specialized Domestic Animal Raising and Care:
(1) Buildings, structures and fenced areas used for the domestic raising of animals shall be confined to rear yards and shall not be maintained closer to any lot line than the distance specified herein:
Type of Facility | Minimum Yard Requirements (Feet) |
Kennels or structures and enclosures of a similar nature used for domestic pets | 10 |
Houses for pigeons and birds | 10 |
Buildings or shelters for horses or ponies | 50 |
(Ord. 23-2006. Passed 3-7-06.)
(vv.a) Transient Housing:
(1) It shall be demonstrated that ingress and egress does not conflict with adjacent business uses.
(2) A four (4) foot solid wall such as brick, decorative block or decorative poured concrete must be provided where abutting or adjacent districts are zoned for residential use. The height of the wall shall be measured from the surface of the ground of the abutting residential district.
(3) No kitchen or cooking facilities are to be provided within the dwelling units with the exception of units for the use of the manager or caretaker unless otherwise approved by the Planning Commission.
(4) Each unit shall contain not less than two hundred fifty (250) square feet of floor space. (Ord. 31-2009. Passed 3-3-09.)
(ww) Transportation and Trucking:
(1) Facilities shall be located so as not to create access problems for abutting uses and shall be located on an arterial street.
(2) Outdoor lighting shall be shielded from abutting properties and public streets. Lighting fixtures shall not exceed a height of thirty (30) feet.
(3) Repair facilities, if provided, shall only be conducted inside a building and all dismantled parts shall be stored inside a building or within an enclosed fence not less than eight (8) feet high on all sides of such storage area.
(4) A required front yard shall not be utilized for parking of transportation vehicles. (Ord. 23-2006. Passed 3-7-06.)
(ww.a) Wind Generator (Turbine):
(1) The maximum height of any turbine shall be 100 feet. The maximum height shall be considered the total height of the turbine system including the tower, and the maximum vertical height of the turbine’s blades. Maximum height therefore shall be calculated by measuring the length of a prop at maximum vertical rotation to the base of the tower at grade.
(2) Any turbine erected on a parcel of land will need to establish a “clear fall zone” from all neighboring property lines and structures, as well as any structures on the parcel intended for the turbine. A turbine will need to be erected and placed in such a manner that if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located at, and would not strike any structures including the primary dwelling, and any accessory buildings or uses.
(3) The turbine, including the prop blades, turbine, cowling and tower shall be painted or coated white, gray or sky blue. Logos or other identification markers other than those of the manufacturer and model type shall not be permitted anywhere on the turbine.
(4) Wind turbines must be maintained in good working order. Turbines that become inoperable for more than six (6) months must be removed by the owner within thirty (30) days of issuance of a zoning violation. Removal includes removal of all apparatuses, supports, and/or other hardware associated with the existing turbine.
(5) A zoning permit shall be required before construction can commence on an individual wind turbine system.
(6) Applicant shall provide the City with the following items and/or information as part of the Special Approval Use application:
A. Location of all public and private airports in relation to the location of the turbine, as well as any applicable FAA restrictions that may be applicable to the turbine.
B. An engineering report that shows:
1. The total size and height of the unit.
2. The total size and depth of the unit’s concrete mounting pad.
3. An average decibel rating for that particular model.
4. A list and/or depiction of all safety measures that will be on the unit including anti-climb devices, grounding devices and lighting protection.
5. Data specifying the kilowatt size and generating capacity of the particular unit.
C. A site plan showing the location of the unit in relation to existing structures on the property, roads and other public rights of way and neighboring properties.
D. Evidence of a “clear fall zone” with the manufacturers’ recommendation must be attached to the engineering report.
E. Color of unit, as well as the location and size of the manufacturers’ identifying logos shall be included in the plan.
F. A maintenance schedule, as well as a dismantling plan that outlines how the unit will be dismantled shall be required as part of the application. (Ord. 31-2009. Passed 3-3-09.)
(xx) Wireless Telecommunications Facility:
(1) Location for Wireless Telecommunications Facility:
A. A wireless telecommunications facility is considered a special approval use and may be located as such in certain zoning districts contingent upon a number of requirements being met as established throughout this Chapter.
B. A wireless telecommunications facility may be located, with Planning Commission approval, on any municipal-owned land, buildings or structures.
C. All new wireless telecommunications facilities, co-location of antennae on a single tower, antennae to be attached to existing buildings or structures or replacement towers to be constructed at the site of a current tower shall be subject to review as a special approval use unless specifically exempted within this Chapter.
(2) Application for Special Approval Use: In addition to the requirements established elsewhere in this Chapter, the following information is required to be submitted with all applications for a special approval use permit to construct a wireless telecommunications tower:
A. When a proposed wireless telecommunications system facility is to include a new tower, a site plan at scale of not less than one (1) inch is equal to one hundred (100) feet shall be submitted to the City along with the appropriate special approval use application form(s) and fees. This site plan shall indicate all properties, buildings and structures within three hundred (300) feet of the proposed tower. Aerial photos and/or renderings may augment the site plan.
B. A landscape plan shall be submitted indicating how the wireless telecommunication facility will be screened from adjoining uses.
C. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter (¼) mile of the proposed facility. The applicant shall inquire about potential co- location opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing within thirty (30) days. The applicant's letter(s) as well as response(s) shall be presented to the City as a means of demonstrating the need for a new tower and to establish proof that a newly constructed tower is necessary since co-location on an existing tower is not feasible. In addition, the applicant will be required to submit a statement of need demonstrating why the proposed facility must be located as is proposed in order to serve the applicant's service area. This statement must clearly explain why other nearby structures cannot be used to support the proposed antenna and why a tower and the proposed site is technically necessary.
D. Any application to locate a facility on a building or structure that is listed on the National Register of Historic Places or, a building or structure that is located in the Historic District shall be subject to review by the Historic Landmarks Commission and shall first obtain a Certificate of Appropriateness prior to applying for a special approval use permit.
E. Applicants shall provide evidence of legal access to the tower site thereby maintaining this access regardless of other development that may take place on the site.
F. A soil report complying with the standards of ANSI/EIA 222-F (Annex I: Geotechnical Investigations for Towers), as amended, shall be submitted to the City with the application for a special approval use permit to document and verify the design specifications of the foundation of the tower, and anchors for guy wires, if used.
G. The applicant shall submit to the City with the application for a special approval use permit, a report prepared by a professional engineer licensed in the State of Ohio containing proof of the facility's compliance with nationally accepted structural standards published by the ANSI/EIA section 222-F, as amended and description of the proposed tower's capacity, including the number of antennae it can accommodate.
H. Elevations of existing and proposed structures showing width, depth and height of the wireless telecommunications facility as well as the specifications of the antenna and support structure shall be submitted.
I. The applicant shall demonstrate that the proposed tower complies with all FCC regulations addressing radio frequency and electromagnetic emissions standards.
J. The applicant shall demonstrate that the proposed tower complies with all FAA regulations concerning safety.
K. The applicant shall submit a statement of compliance that the proposed facility complies with all Federal and State laws and regulations concerning aviation safety.
L. The applicant shall submit a maintenance plan confirming that the applicant will be responsible for maintaining the facility and explaining how the facility will be maintained in the future.
M. Any other information which, in the judgment of the Planning and Zoning Administrator, may be necessary to provide for the enforcement of this Zoning Code.
N. In granting a special approval use permit under any of the powers in this Chapter, the City may stipulate the manner in which the special approval use shall be carried out or may require other improvements and safeguards as conditions as it deems necessary for the protection of the health, safety and welfare of owners, occupants of surrounding lots and/or the public.
(3) General:
A. The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located:
1. The location of the tower and equipment shelter or other support facilities shall comply with all natural resource protection standards established in this Zoning Code.
2. Security fencing, a minimum of six (6) feet in height, shall surround the tower, equipment shelter or other support facilities, and any guy wires, either completely or individually as required by the Planning Commission.
3. The following buffer plantings around the perimeter of the security fence shall be planted as a minimum:
a. An evergreen screen shall be planted that consists of either a hedge, planted three (3) feet on center maximum with a minimum five (5) feet height, or a row of evergreen trees five (5) feet on center maximum. The applicant shall be responsible for maintaining the approved plantings.
4. Only monopole towers shall be permitted and shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the FCC or FAA. If the security fence mentioned in item (2) above is a wire mesh fence, it shall be painted the same color as the tower.
5. No advertising shall be affixed to the tower or permitted on the equipment shelter or any support facility, security fence or any other element of the facility.
6. If at any time the use of this facility is discontinued for a period of one hundred eighty (180) days, the applicant shall have an additional ninety (90) days to either reactivate the facility or dismantle and remove the facility. In the event that the facility is deactivated or abandoned, the applicant shall provide notification by certified mail to the Planning and Zoning Administrator of such event as soon as possible, but in no event later than seven (7) days following such deactivation or abandonment.
7. No tower of a height one hundred fifty (150) feet or less shall be artificially lighted except as required by the FAA. Any tower greater than one hundred fifty (150) feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter or support facilities is required if said lighting is directed inward towards the facility.
8. "No Trespassing" or other similar warning signs shall be posed around the facility with an emergency telephone number indicating the person(s) or authority to contact in the event of an emergency situation.
9. All utility service to a facility shall be provided underground. Underground equipment shelters or support facilities are encouraged and may be required by the City.
10. Facilities shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency situation).
11. Wireless telecommunications towers and antennae shall be designed to withstand sustained winds of at least one hundred (100) miles per hour.
12. The ANSI / EIA Section 222-F (Annex H Commentary on Ice Design Criteria for Communications Structures) shall be consulted for ice load specifications.
13. The applicant must agree to permit other wireless telecommunications service providers to co-locate onto the proposed facility unless mechanical, structural or regulatory factors prevent such co-location, on reasonable economic terms consistent with the actual capital and operating expenses of the facility and with the construction and ongoing operation of the tower. The applicant shall provide documentation on this subject upon the request of the City.
14. All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to two hundred (200) feet above the finished grade. Although the initial application and capacity may be for one (1) antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for three (3) providers when constructed to the maximum allowable height.
15. There shall be no handholds/footholds on the tower closer than forty (40) feet to the ground.
16. In granting a permit under any of the powers in this Chapter, the City may stipulate the manner in which the special approval use shall be carried out or may require other improvements and safeguards as conditions as it deems necessary for the protection of the health, safety and welfare of owner and occupants of surrounding lots or the public.
(4) Sole Use on a Lot: Wireless telecommunications facilities may be located as the sole use of a lot if approved as a special approval use subject to the following requirements:
A. Minimum lot size. The minimum lot size shall be that of the underlying zoning district.
B. Minimum yard requirements. Towers shall not be located closer than three hundred (300) feet to any residentially zoned property. Equipment shelters or support facilities shall meet the minimum setback requirements of the underlying zoning classification. Security fences shall be no closer than three-tenths (0.3) feet to any property line.
C. Maximum height. No tower, including the antenna, shall exceed two hundred (200) feet in height. All equipment shelters or support facilities shall not exceed twenty (20) feet in height.
D. Maximum size of equipment shelter. No single shelter or support facility shall exceed three hundred (300) square feet in size, or if there is more than one (1), seven hundred fifty (750) square feet in aggregate size.
(5) Combined with Another Use(s): A wireless communications facility may be located on a property as a special approval use with an existing use subject to the following conditions:
A. Existing uses. The existing use(s) on the property may be any permitted use in the district, an approved special approval use or any lawful nonconforming use and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility shall not be considered an addition to the structure or value of a nonconforming use.
B. Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter or supporting facilities, security fencing and buffer plantings.
C. Minimum yard requirements. Towers shall not be located closer than three hundred (300) feet to any residentially zoned property. The equipment shelter or support facility shall meet the minimum set back requirements established in the underlying zoning district.
D. Access. Service access to the facility shall, whenever feasible, be provided along the circulation driveways of the existing use. The applicant shall provide documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility. Vehicular access to the facility shall not interfere with parking requirements or vehicular circulation on the site for the principal use.
E. Maximum height. No tower, including the antenna, shall exceed two hundred (200) feet in height. All equipment shelters or support facilities shall not exceed twenty (20) feet in height.
F. Maximum size of equipment shelter. No single equipment shelter or support facility shall exceed three hundred (300) square feet in size, or there is more than one (1), seven hundred fifty (750) square feet in aggregate size.
(6) Combined with an Existing Structure: An antenna for a wireless telecommunications facility may be attached to an existing structure or building subject to the following conditions:
A. Maximum height. The greater of twenty (20) feet or twenty percent (20%) of the building or structure height above the existing building or structure.
B. If the applicant proposes to locate the telecommunications equipment in a separate shelter or support facility (not located on, or attached to, the building or structure), the shelter or support facility shall comply with the following:
1. The minimum setback requirements of the underlying zoning district.
2. Landscaping shall be planted in accordance with the provisions of this Zoning Code.
3. Vehicular access to the shelter or facility shall not interfere with the parking requirements or vehicular circulation on the site supporting the principal use.
4. The maximum size of a single shelter or facility shall not exceed three hundred (300) square feet, or if there is more than one (1), seven hundred fifty (750) square feet in aggregate size.
5. The maximum height of a shelter or facility shall not exceed twenty (20) feet.
(Ord. 23-2006. Passed 3-7-06.)
(yy) Institutional Uses: The Special Approval Use is intended to promote the design and development that is built to human scale, encourage attractive street fronts and accommodate pedestrians while also accommodating vehicular movement. It is desirable that there be a base level of quality architecture of scale, color and material that will allow a project to blend into its setting and build upon the existing aesthetic identity of an area. Building shapes can be articulated to provide a sense of human scale at the ground level that is inviting to the public through the application of horizontal and vertical patterns expressed by architectural features such as cornices, columns, windows, doors or variations in massing.
Review and approval is intended to permit flexibility in site development and in the design and arrangement of buildings. In addition, it is intended to protect the integrity of adjacent neighborhoods while creating efficient, functional and attractive areas that incorporate a high level of amenities and meet public objectives for protection and preservation of Perrysburg’s neighborhoods. The provisions are intended to ensure appropriate uses and structure within institutional areas and between institutional areas and areas adjacent to them. The provisions are specifically intended to:
• maintain the integrity of existing residential neighborhoods and protect such areas from the adverse land use impacts sometimes associated with institutional uses;
• ensure safe and adequate pedestrian and vehicular movements:
• offer predictability for institutions as they contemplate expansion and improvement efforts; and
• offer a predictable framework for the City in its efforts to make sound public investment decisions.
(1) It is consistent with adopted plans of the City and the stated purposes of this Zoning Code.
(2) Complies with all applicable standards of this Zoning Code.
(3) Will not result in significant adverse impacts to other property in the vicinity of the subject property or to the natural environment.
(4) Any differences in appearance or scale from the surrounding area will be mitigated through setbacks, screening, landscaping or other design features.
(5) Has adequate mitigation measures for any other identified adverse impacts.
(6) Uses shall be subject to site plan review to assure compatibility with surrounding areas.
(7) An such use shall be so located and developed so as not to create a nuisance to abutting property, and so as to be neither injurious to the surrounding neighborhoods nor contrary to the spirit and purpose of this Zoning Code.
(8) All buildings shall be harmonious in appearance with the surrounding area and shall be similar in design and appearance to other buildings on the same development site.
(9) Lighting of outdoor activities shall be shielded from adjacent residential areas.
(10) No building or outdoor storage area shall be closer than fifty (50) feet to any property or street right-of-way line.
(11) Facilities shall provide off-street parking and passenger loading areas at least twenty- five (25) feet from residential lot lines.
(12) Will not have significant adverse impacts on the livability of nearby residential property due to: noise, glare from lights, late-night operations, odors, litter, privacy, traffic and other safety issues.
(13) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use, in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Zoning Code and the procedures of Chapter 1285. City Council may require an agreement between the City and the applicant in order to guarantee specified improvements and City Council may impose fees and/or require escrows related to the project.
(Ord. 150-2007. Passed 10-2-07.)
(zz) Landmark Feature/Signage. Landmarks featuring signage are exempt from the provisions of the zoning code (including the sign code) but shall require City Council approval in accordance with the criteria of the Special Approval Use (SAU). No Landmark Feature/Signage shall be approved by the Planning Commission unless it shall find the following:
(1) The feature utilizes materials that are of high quality, and are arranged in a way to be complementary to its surroundings.
(2) The feature provides a broad interest or benefit to the public.
(3) Any signage or promotion of private enterprise does not in any way dominate the visual impact of the structure or property.
(4) The feature shall provide landscaping at its base where possible.
(5) If signage is present, the location of the structure is reasonable in relation to the messages provided on it.
(6) Landmark feature/signage shall not be placed closer than 1,000' to other established landmark feature/signage.
(7) The proposed structure shall not pose a danger to visibility or pedestrian/vehicular traffic.
(8) Details shall be provided outlining the relief/deviation from the Zoning Code that an approval would grant the applicant.
(9) After review, the Planning Commission shall make a recommendation to the City Council. City Council shall hold a public hearing with respect to the proposed use, in accordance with the same procedures as provided for in Chapter 1285, shall review and decide whether or not the use will be permitted in accordance with the criteria of this Zoning Code.
(Ord. 43-2013. Passed 4-9-13.)