Findlay City Zoning Code
CHAPTER 1107
Administration and Enforcement
1107.01 VARIANCES.
The following regulations shall govern the granting of variances:
(a) Where the City Planning Commission finds that undue and unnecessary hardship may result from strict compliance with these regulations, it may grant a variance as defined in Section 1105.03(v). Such variations shall not have the effect of nullifying the intent and purpose of these regulations, the Comprehensive Plan, or any zoning regulation that may apply to the property.
(b) In granting variances or modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.
(Ord. 2023-115. Passed 12-19-23.)
1107.02 APPEALS.
Any person who believes he has been aggrieved by these regulations or the action of the City Planning Commission, has the rights of appeal set forth in Ohio R.C. Chapter 711 or any other applicable section of the Ohio Revised Code.
(Ord. 2023-115. Passed 12-19-23.)
1107.03 REVIEW FEES.
Council shall establish a schedule of fees, charges and expenses, and a collection procedure for same, and other matters pertaining to these regulations. The schedule of fees shall be posted in the office of the Mayor, and may be altered or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or
appeal. (Ord. 2023-115. Passed 12-19-23.)
1107.99 PENALTY.
(a) Whoever violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City or any resident thereof. Whoever violates any provision of these regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action in the Municipal Court of the City. Each day that a violation is permitted to exist shall constitute a separate violation.
(b) Whenever the owner or agent or the owner of any land within the jurisdiction of these regulations transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, he shall forfeit and pay the sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
(Ord. 2023-115. Passed 12-19-23.)
CHAPTER 1109
Procedure for Plat Approval
Procedure for Plat Approval
1109.01 Initial plat investigation.
1109.02 Preliminary plat required.
1109.03 Final plat required.
1109.04 Minor subdivisions.
1109.05 Subdivisions involving private streets.
CROSS REFERENCES
Plat and subdivision defined - see Ohio R.C. 711.001; P.& Z. 1105.03
Plat and contents - see Ohio R.C. 711.01 et seq.
Plat approval - see Ohio R.C. 711.09
Approval without plat - see Ohio R.C. 711.131
1109.01 INITIAL PLAT INVESTIGATION.
The subdivider shall meet with the Planning Commission or its designated representative prior to submitting the preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of these regulations and the criteria and standards contained therein; and to attempt to familiarize the subdivider with the laws, regulations and plans as exemplified by the Comprehensive Plan, the Thoroughfare Plan, the Parks and Recreation Plan, applicable zoning standards, and the drainage, sewerage and water systems for the City and State.
(Ord. 2023-115. Passed 12-19-23.)
1109.02 PRELIMINARY PLAT REQUIRED.
(a) After the initial plat investigation, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform to the requirements set forth in this section. The preliminary plat shall be prepared by an engineer or surveyor.
(b) Filing.
(1) Ten (10) copies of the preliminary plat of the proposed subdivision together with written application in triplicate, shall be submitted to the Planning Commission.
(2) Submittal with the Commission shall be at least twenty-one (21) days prior to the next regular Commission meeting, which meeting date shall be considered the date of filing, at which the subdivider or its agent will be scheduled to appear. Should any of the data required in this section be omitted, the Commission staff shall notify the subdivider of the additional data required and Commission action shall be delayed until the required data is received.
(3) The meeting date of the Commission after receipt of the required data shall be the date of filing. The Commission shall act on the preliminary plat within thirty (30) days of the date of filing unless the subdivider agrees to an extension of time in writing.
(c) Identification and Description. The preliminary plat shall include:
(1) Proposed name of subdivision.
(2) Location by section, town and range, or by other legal description.
(3) Names and addresses of the subdivider, owner and the planner, designer, engineer or surveyor who designed the subdivision layout. The subdivider shall also indicate his interest in the land.
(4) Scale of plat, one-inch equals 100 feet as minimum acceptable scale, and shall be presented on one or more sheets of twenty-four (24) inches by thirty-six (36) inches in size.
(5) Date and north point.
(d) Existing Conditions. The preliminary plat shall include:
(1) A vicinity map at a scale of not less than one (1) inch equals 1,000 feet shall be provided showing the relationship of the subdivision to its surroundings within one-half mile.
(2) Boundary line of proposed subdivision, section or corporation lines within or adjacent to the tract and overall property dimensions.
(3) Names of all adjacent subdivisions, owners of adjoining parcels of unsubdivided land and the location of their boundary lines.
(4) Location, widths and names of existing or prior platted streets and public easements within or adjacent to the tract being proposed for subdivision, including those located across abutting roads.
(5) Location of existing sewers, water mains, storm drains, pipelines and other underground facilities within and adjacent to the tract being proposed for subdivision.
(6) The shape of the land shown as contours with an interval of not more than two (2) feet. Topography is to be based on the most recent N.G.S. datum.
(7) For subdivisions involving five (5) acres or more, or fifty (50) or more lots, and lying within a flood hazard area as identified by the flood hazard boundary map for the City, base flood elevation data shall be provided. Base flood elevations shall indicate the anticipated high-water level during a flood having a frequency rate of one percent (1%) (a "one-hundred-year flood").
(e) Proposed Conditions. The preliminary plat shall include:
(1) Layout of streets indicating proposed street names, right-of-way widths and connections with adjoining platted streets and also the widths and location of easements and public walkways.
(2) Layout, numbers and approximate dimensions of lots, including building setback lines showing dimensions.
(3) Indication of parcels of land intended to be dedicated or set aside for public use or for the use of property owners in the subdivision.
(4) An indication of the ownership, and existing and proposed use of any parcels identified as "accepted" on the preliminary plat. If the subdivider has an interest in or owns any parcel so identified as "accepted", the preliminary plat shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed preliminary plat.
(5) An indication of the proposed systems for water supply, sewage disposal and storm drainage and control of soil erosion and sedimentation according to standards established by Council, the Board of Health, the City Engineer, the Hancock County Board of Commissioners, the Hancock County Board of Health or the County Engineer, depending upon the bodies maintaining jurisdiction.
(6) In the case where the subdivider wishes to subdivide a given area, but wishes to begin with only a portion of the total area, the preliminary plat shall include the proposed general layout for the entire area. The part which is proposed to be subdivided first shall be clearly superimposed upon the overall plan in order to illustrate clearly the method of development which the subdivider intends to follow. Each subsequent plat shall follow the same procedure until the entire area controlled by the subdivider is subdivided.
(7) Statement of proposed use of lots, giving type and number of dwelling units and type of business or industry.
(8) Location and approximate dimensions of all existing buildings.
(9) For commercial and industrial development, the location, dimensions and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets and the points of vehicular ingress and egress to the development.
(10) Description of any proposed covenants and restrictions.
(11) Verification that any oil and gas wells on the site have been plugged in accordance with Ohio R.C. Chapter 1509 shall be required. A copy of the abandonment of well report required under Ohio R.C. 1509.14 shall be considered verification.
(f) Preliminary Plat Review by Planning Commission.
(1) The Engineering Department staff shall receive and check for completeness the preliminary plat as required under subsections (a) to (e) hereof. When complete and basically in conformance with applicable requirements, the proposal shall be placed on the agenda of the next regular Commission meeting. The proposed subdivision shall be transmitted to the Commission staff for review.
(2) The staff shall review the plat from a technical standpoint, and shall transmit their recommendations to the Commission.
(3) The Commission shall review all details of the proposed subdivision within the framework of applicable zoning regulations, within the various elements of the Comprehensive Land Use Plan, and within the standards of these regulations.
(4) The Commission shall approve conditionally, disapprove or approve the preliminary plat.
A. Should the approval be a conditional approval, the conditions shall be satisfied by the subdivider within a time set by the Commission or the plat shall be rejected.
B. Should the Commission disapprove the preliminary plat, it shall record the reasons in the minutes of the regular meeting. A copy of the minutes shall be sent to the subdivider.
C. Should the Commission find that all conditions have been satisfactorily met, it may give approval to the preliminary plat. On approval, the chairman shall make a notation to that effect on six (6) copies of the preliminary plat and distribute copies of same as follows: return one copy to the subdivider; retain one copy which shall become a matter of record in the Commission files; forward one copy to the School Board having jurisdiction in the area concerned; forward one copy to the Findlay Board of Health or the Hancock County Board of Health, depending upon the body having jurisdiction; forward one copy each to the City Engineer and the Hancock County Engineer.
(g) Approval Period. The approval of the preliminary plat shall be effective for a maximum period of twelve (12) months and shall guarantee that the terms under which approval was granted will not be affected by changes to these regulations during that period.
(Ord. 2023-115. Passed 12-19-23.)
1109.03 FINAL PLAT REQUIRED.
The subdivider, having received approval of the preliminary plat, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall have incorporated all changes in the preliminary plat required by the Planning Commission. Otherwise, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. The final plat shall bear the seal of a surveyor and the supplementary information shall bear the seal of an engineer.
(a) Preparation.
(1) Final plat form. The final plat shall be legibly drawn in waterproof ink on mylar or other material of equal permanence. It shall be drawn at a scale of not less than 100 feet to the inch. If more than one sheet is needed, each sheet shall be numbered and relation of one sheet to another clearly shown. The signatures of all approval authorities shall be in waterproof, permanent ink.
(2) Board of Health review. Within the City's three-mile extraterritorial jurisdiction, all final plats shall be reviewed and approved by the Hancock County Board of Health prior to being signed by the chairman of the City Planning Commission and filed with the Hancock County Recorder. The subdivider shall provide an appropriate space on the final plat for the Board of Health to certify its approval thereof.
(3) Regulations governing improvements. The final plat drawings and specifications of improvements shall include a set of construction and utility plans, including typical sections, plans and profile views, construction details and estimates of quantities. All typical sections and major engineering details to be used on any particular street shall be approved in advance by the City or County Engineer before completion of the plans.
Prior to the granting of approval of a final plat, the subdivider shall have installed the minimum required improvements, or shall have furnished a surety or certified check for the amount of the estimated construction cost of the ultimate installation and initial maintenance of the improvements. Before surety is accepted, it shall be approved by the proper administrative officials.
(4) Final plat contents. The final plat shall contain the following information:
A. Name of the subdivision, location by section, range and township, or by other survey number; date, north point, scale and acreage; acreage shall be indicated by section and/or corporation boundaries.
B. Name and address of the subdivider, and the engineer who prepared the plat and appropriate registration number and seal.
C. Plat boundaries based on accurate traverse, with angular and lineal dimensions. All dimensions, both linear and angular, shall be determined by an accurate control survey in the field which must balance and close conforming to minimum standards for boundary surveys in the State, Ohio R.C. 4733-37.
D. Bearings and distances to nearest established street lines or other recognized permanent monuments.
E. Exact locations, right of way and names of all streets within and adjoining the plat, and building setback lines.
F. Radii, internal angles, points of curvature, tangent bearings, lengths of arcs and lengths and bearings of chords of all applicable streets within the plat area.
G. All easements and rights of way provided for public services or utilities.
H. All lot numbers and lines with accurate dimensions in feet and hundredths. When lots are located on a curve, the lot width at the building setback line shall be shown.
I. Accurate location and description of all monuments and survey markers.
J. Accurate outlines of any area to be reserved for the common use of all property owners. The proposed use and accurate locations shall be shown for each parcel of land to be dedicated.
K. A copy of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.
L. Certification by a surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional details are correct.
M. Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas.
N. Typical sections and complete profiles of streets and other related improvements to be constructed in the proposed subdivision shall accompany the final plat. If any part of the plat is located in a flood hazard area, a grading plan demonstrating compliance with Section 1111.06 shall also be provided.
P. Appropriate approval certification blanks for the chairman of the City Planning Commission, the City Engineer and the Clerk of Council. If the plat is located outside the City, the City Engineer and Clerk of Council certifications are not required, but blanks shall be provided for the Hancock Regional Planning Commission, the County Board of Health and the County Engineer.
(b) Final Plat Review.
(1) Application for approval of final plat. An application for approval for the final plat shall be submitted to the Planning Commission on forms provided by the Commission, together with five (5) copies of the plat and any supplementary information specified. This material shall be submitted at least twenty-one (21) days prior to the date of any regular Commission meeting, which date shall be considered the date of filing.
(2) Approval of the final plat. Following review by the Planning Commission Staff, the Commission shall approve or disapprove the final plat within thirty (30) days after it has been filed. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of such record shall be forwarded to the subdivider. The Commission shall not disapprove the final plat if the developer has done everything that he was required to do and has proceeded in accordance with the conditions and standards specified in the approved preliminary plat. If disapproved, the subdivider may make the necessary corrections and submit the final plat to the Commission for its reconsideration. If a plat is refused by the Commission, the subdivider may file a petition within ten (10) days after such refusal in the Court of Common Pleas seeking reconsider of the action of the Commission. When the final plat has been approved by the Commission, the original tracing shall be returned to the subdivider for filing with the County Recorder after all necessary certifications are received.
(Ord. 2023-115. Passed 12-19-23.)
1109.04 MINOR SUBDIVISIONS.
Approval without a plat of a minor subdivision may be granted by the Planning Commission subject to the following conditions:
(a) The proposed subdivision is located along an existing public road and involves no opening, widening or extension of any street or road;
(b) No more than five (5) lots are involved after the original parcel has been completely subdivided;
(c) If located within the City's three (3) mile extraterritorial jurisdiction, the proposed subdivision has received written approval of the Hancock County Board of Health relative to water supply and method of sewage disposal;
(d) If located within the City's three (3) mile extraterritorial jurisdiction, the proposed subdivision has received written approval of the Hancock County Engineer relative to proposed drainage and driveway access points;
(e) The proposed subdivision is not contrary to applicable subdivision design standards or township zoning regulations, if such exist;
(f) All lots intended for one- or two-family dwelling purposes and abutting a major or secondary thoroughfare as defined in Section 1105.03(q)(3) and (q)(6) shall bear a side lot or rear lot relationship to such thoroughfare, or be provided with a marginal access drive if a front lot relationship is unavoidable;
(g) The property has been surveyed by a registered surveyor and a boundary survey drawing and legal description of the property is submitted with the application for approval.
If approval is requested under these provisions, and if the proposed minor subdivision is in compliance with items A through G above, the Planning Commission shall, within seven (7) working days after submission approve such proposed subdivision and, on presentation of a conveyance of such parcel, shall stamp "Approved by the City of Findlay Planning Commission; no plat required", and the authorized representative of the Commission shall initial the conveyance. (Ord. 2023-115. Passed 12-19-23.)
1109.05 SUBDIVISIONS INVOLVING PRIVATE STREETS.
Subdivisions employing private streets as a means of access to individual lots may be permitted, subject to the following conditions:
(a) The private street shall be located within a roadway easement having a width of not less than sixty (60) feet.
(b) All lots shall have a minimum area of five acres exclusive of the roadway easement or any public street right of way; provided, however, that if local zoning regulations permit, density may be increased to one dwelling unit per acre if the subdivision is to be served by a centralized sewage treatment system. Unless otherwise permitted by local zoning regulations, all dwellings shall be single-family residential structures. Additionally, unless otherwise prohibited by local zoning regulations, condominium projects having no more than four dwelling units per acre shall be permitted provided that all applicable sanitary and storm water discharge regulations are met.
(c) The plat shall be accompanied by restrictive covenants which prohibit further division of the lots unless the private street is improved to City standards, the street right of way is dedicated and the street is accepted for public maintenance.
Subdivisions using private streets shall be reviewed in the same manner as any other record
subdivision, and shall be subject to design standards presented in Sections 1111.01 to 1111.04; except that subdivisions using private streets need not meet the improvement standards applicable to public streets. Instead, the subdivider shall submit with his final plat proposed typical sections and complete profiles of any private street to be developed in the subdivision, certified by an engineer, licensed in the State, as meeting or exceeding minimum acceptable standards of construction considering all applicable data and expected traffic flow. Private streets need not be constructed with curbs and gutters. Any so certified plan of private street construction presented in conformity with this section shall be reviewed for approval by the City or County Engineer, depending upon jurisdiction. The subdivider shall construct any private street consistent with the approved plan and a performance bond shall be provided to guarantee such construction.
(Ord. 2023-115. Passed 12-19-23.)
CHAPTER 1111
Design Standards
Design Standards
1111.01 Applicability.
1111.02 Streets.
1111.03 Blocks.
1111.04 Lots.
1111.05 Natural features.
1111.06 Flood areas and storm drain ditches.
1111.07 High pressure gas, crude and products lines.
1111.01 APPLICABILITY.
The regulations in this chapter shall control the manner in which streets, lots and other elements of the subdivision are arranged on the land. These design controls shall help insure convenient and safe streets, creation of usable lots, provision of space for public utilities, and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted, minimizing the undesirable features of unplanned, haphazard growth.
(Ord. 2023-115. Passed 12-19-23.)
1111.02 STREETS.
Streets in proposed subdivisions shall conform to at least the following minimum requirements:
(a) Location and Arrangement.
(1) The proposed subdivision shall conform to the various elements of the Findlay and Hancock County Comprehensive Land Use Plans and shall be considered in relation to the existing and planned major and secondary thoroughfares and such streets shall be platted in the location and width indicated on such Plan.
(2) The street layout shall provide for continuation of secondary thoroughfares and minor streets in adjoining subdivisions or the proper projection of streets when adjoining property is not subdivided.
(3) The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.
(4) Should a proposed subdivision border on or contain an existing or proposed major or secondary thoroughfare, the Commission shall require marginal access streets, reverse frontage or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of traffic and reduction of traffic hazards.
(5) Should a proposed subdivision border on or contain a railroad, expressway or other limited access highway right of way, the Commission may require the location of a street approximately parallel to and on each side of such right of way at a distance suitable for the development of the intervening land. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.
(6) Half streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists adjacent to the tract to be subdivided a dedicated or platted and recorded half street, the other half shall be platted.
(7) Permanent dead-end streets shall not be permitted. Temporary dead-end streets shall be permitted only as part of a continuing street plan, and only if a temporary turnaround satisfactory to the Commission in design is provided and provisions for maintenance and removal are advanced. Temporary dead-end streets longer than 200 feet shall not be permitted.
(b) Right-of-Way Widths. Street right-of-way widths shall conform to at least the following minimum requirements:
Type of Street | Right-of-Way Widths |
(1) Major thoroughfare | 120 feet or in conformance with Hancock County Major Thoroughfare Plan |
(2) Secondary thoroughfares | 80 feet |
(3) Industrial service streets | 60 feet |
(4) Multiple-family residential streets (where platted) | 60 feet |
(5) Minor (single-family residential) streets | 60 feet |
(6) Marginal access streets | 35 feet |
(7) Turnaround street | 110 feet |
(8) Cul-de-sac streets-turnarounds | |
A. Industrial | 75 foot radius |
B. Residential and others | 60 foot radius |
(9) Length for cul-de-sac streets shall not exceed | 600 feet |
(c) Street Geometrics. Standard for maximum and minimum street grades, vertical and horizontal street curves and sight distances shall be established by the City Engineer and approved by Council, or, in unincorporated areas, by the County Engineer and be approved by resolution of the Board of County Commissioners.
(d) Street Intersections. Streets shall be laid out so as to intersect as nearly as possible to ninety degrees. Curved streets, intersecting with major thoroughfares and secondary thoroughfares shall do so with a tangent section of centerline not less than fifty (50) feet in length, measured from the right-of-way line of the major or secondary thoroughfare.
(e) Street Jogs. Street jogs with centerline offsets of less than 125 feet shall be prohibited unless a variance is approved.
(f) Boulevard Streets. Where a subdivision includes a boulevard or similar space in excess of City design specifications; the restrictive covenants filed with the plat shall include measures to assure the continued maintenance of the additional space, placing the responsibility therefor with the owners of property in such subdivision.
(Ord. 2023-115. Passed 12-19-23.)
1111.03 BLOCKS.
Blocks within subdivisions shall conform to the following standards:
(a) Sizes.
(1) Blocks shall not exceed 1,400 feet in length, except where, in the opinion of the Planning Commission, conditions may justify a greater distance.
(2) Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.
(b) Public Walkways.
(1) Location of public walkways or crosswalks may be required by the Commission to obtain satisfactory pedestrian access to public or private facilities or where blocks exceed 900 feet in length.
(2) Public walkways shall be in the nature of an easement for this purpose.
(c) Easements.
(1) Location of utility line easements shall be provided along the rear or side lot lines as necessary for utility lines. Easements shall give access to every lot, park or public grounds. Such easements shall be a total of not less than fifteen (15) feet wide, seven and one-half (7 ½) feet from each parcel.
(2) Recommendations on the proposed layout of telephone and electric company easements should be sought from all of the utility companies serving the area. It shall be the responsibility of the subdivider to submit copies of the preliminary plat to all appropriate public utilities.
(3) Easements not less than three (3) feet in width shall be provided where needed alongside lot lines so as to provide for street light dropouts. Prior to the approval of the final plat for a proposed subdivision, a statement shall be obtained from the appropriate utility indicating that easements have been provided along specific lots. A notation shall be made on the final plat indicating: "The side lot lines between lots (indicating lot numbers) are subject to street light dropout rights granted to the (name of utility company)." (Ord. 2023-115. Passed 12-19-23.)
1111.04 LOTS.
Lots within subdivisions shall conform to the following standards:
(a) Sizes and Shapes.
(1) The size, width, depth and shape in any subdivision proposed for residential uses shall be appropriate for the location and the type of development contemplated.
(2) In areas where City or township zoning regulations are in effect, the lot width and lot area requirements of such zoning regulations shall control.
(3) The following standards shall apply in unincorporated areas where no zoning regulations are in effect:
A. When a subdivision in an unincorporated area is to be connected to public sanitary sewer facilities or to a community sewage disposal plant, and when lots in such subdivision are intended for single-family residential use, all lots shall have a minimum width of sixty-five feet at the building line and a minimum area of 7,800 square feet.
B. Whenever either public or community sewage disposal facilities are not available, lots intended for single-family residential use shall have a minimum width of 125 feet and a minimum area of two (2) acres.
C. Whenever sanitary sewer facilities are not reasonably accessible and a community sewage disposal plant is not required, lots shall be increased in area by 10,000 square feet for each dwelling unit in excess of one.
(4) Unless otherwise controlled by City or township zoning regulations, the minimum front yard setback shall be thirty (30) feet. In the case of a rear yard abutting a side yard, the side yard setback shall be not less than the minimum front yard setback required herein, and all regulations applicable to a front yard shall apply.
(5) Corner lots in residential subdivision shall be platted at least ten (10) feet wider than the minimum width permitted by these regulations or any applicable zoning regulations.
(6) Excessive lot depth in relation to width shall be avoided. A depth-to- width ratio of three to one shall normally be considered a maximum.
(7) Flag lots shall not be less than five (5) acres in area, either in recorded subdivision plats or as minor subdivisions. In computing the area of a flag lot, the area of the flag "pole" shall not be included. The area of the "flag" itself shall be five (5) acres or more. To ensure future access, and orderly development of land adjoining the parcel, the flag "pole" shall extend the full depth of the flag lot. Additionally, to ensure the future ability to utilize the "pole" for access, all improvements or structures shall be set back from the nearest point of the pole not less than thirty (30) feet. Upon timely application, in situations where exceptional topographic or other physical conditions render compliance with the required length of the flag "pole" impractical, the Planning Commission may grant such variance as may be needed to affect the spirit and purpose of these regulations.
(8) Lots intended for purposes other than residential use shall be specifically designed for such purposes, and shall have adequate provision for off- street parking, setbacks and loading and unloading areas.
(9) Lots may not be created by dividing land at the ends of stub streets in adjacent subdivisions, such stub streets being intended to provide continuity of street systems in adjoining subdivisions.
(10) To provide adequate right of way for future public roadways, all parcels shall be provided not less than sixty (60) feet of frontage on a public roadway, or on a private roadway that has been approved as part of a record subdivision plat. In the case of a flag lot, the flag "pole" shall have a width of sixty feet for its entire length.
(b) Arrangement.
(1) Every lot shall front or abut a public street, except those private streets existing prior to January 15, 1963, and which have existed as easements of access and are so recorded in the records of Hancock County, may remain as private roadways.
(2) Wherever practical, side lot lines shall be at right angles or radial to the street right-of-way lines.
(3) Residential lots abutting major or secondary thoroughfares, where marginal access streets are not desirable or possible to attain, shall be platted with reverse frontage lots or with side lot lines parallel to the major or secondary traffic streets.
(4) Lots shall have a front-to-front relationship across all streets where possible. (Ord. 2023-115. Passed 12-19-23.)
1111.05 NATURAL FEATURES.
To the greatest extent possible, the natural features and character of land shall be preserved. Due regard shall be shown for all natural features such as large trees, natural groves and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels shall be considered by the subdivider and the dedication and provision of adequate barriers where appropriate shall be required.
(Ord. 2023-115. Passed 12-19-23.)
1111.06 FLOOD AREAS AND STORM DRAIN DITCHES.
(a) Flood Plain Areas. All subdivisions shall conform to the City flood damage prevention ordinance or, if in unincorporated territory, to the Hancock County Flood Damage Prevention Regulations, as approved by the Hancock County Commissioners on May 9, 1991. Such Regulations are maintained by the Hancock County Engineer.
Whenever all or part of a proposed subdivision lies within an area of special flood hazard as identified in the most recent available mapping published by the Federal Emergency Management Agency (FEMA), approval of the subdivision plat shall be conditioned on the following:
(1) No encroachment by either fill material or future structures shall be permitted in the area identified as "floodway" on FEMA mapping. Modifications of floodway areas shall only be permitted if an engineering analysis demonstrates to the satisfaction of the City or County Engineer that such modifications will not result in detrimental impacts either up or downstream
(2) Development within flood hazard areas shall not result in any decrease in the flood storage capacity of the flood plain area. Therefore, any subdivision proposed in flood hazard areas shall be accompanied by a grading plan indicating how land balancing may be achieved, and how all building sites can be elevated above the base flood elevation for that location.
(3) If a subdivision is approved in a flood hazard area, the subdivider shall be required to post a performance bond guaranteeing execution of the grading plan. The grading plan shall be executed and the results certified by an engineer prior to the plat being signed by the City Engineer and submitted to the County Recorder. The plat shall be accompanied by restrictive covenants prohibiting the placement of any fill material in areas lying below the base flood elevation, and the subdivider shall be responsible for enforcement of the covenants until all lots in the subdivision have been conveyed to others.
(4) Development activities located in areas that are designated as flood plain areas, including floodway, will require an approval from the City Local Flood Plain Administrator and shall follow all requirements set forth in Chapter 1351 of these Codified Ordinances. All engineering analysis submitted to the City Local Flood Plain Administrator shall be conducted by a state registered professional engineer.
(5) No encroachment by either fill material or future structures shall be permitted in the area identified as “floodway” on FEMA mapping. Modifications of floodway areas shall only be permitted if such modifications follow all requirements found in Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations and in Chapter 1351 of these Codified Ordinances. Modifications in the floodway shall not result in any increases in the base flood elevation, also known as 100-year flood elevation. All engineering analysis that certifies no increase in the base flood elevation shall extend a distance of one (1) mile upstream and downstream of the development site to ensure no impact on the 100-year flood elevation.
(b) Areas of Poor Drainage. If a subdivision is located in an area having poor drainage or other adverse physical characteristics, the Commission may approve the subdivision provided the subdivider agrees to perform such improvements as will render the area safe for the intended use. In lieu of the improvements, the subdivider shall furnish a surety or certified check covering the cost of the required improvements.
(c) Flood Control and Storm Drainage Facilities. Flood control or storm drainage facilities shall be provided as follows:
(1) Access to flood control or storm drainage ditches and channels shall be by means of easements. Such easements shall be not less than thirty (30) feet in width, exclusive of the width of the ditch or channel, and an easement of this type shall be provided on one side of a flood control or storm drainage ditch, channel or similar type facility.
(2) Flood control or storm drainage easements containing underground facilities shall have a minimum width of ten (10) feet.
(3) Whenever a flood control or storm drainage ditch or channel has a depth of five (5) feet or more, or a bank slope of two (2) feet horizontal to one (1) foot vertical or steeper, a five (5) foot high masonry wall or chain link fence may be required by the Commission.
(4) The basis for determining storm water conveyance shall be a ten (10)-year storm. All storm water to be discharged from the platted area shall be detained based on a 100-year storm volume unless otherwise recommended by the Chief Engineer and approved by the City Planning Commission. The discharge rate for all detention-retention areas shall be equal to the five (5) year pre-developed runoff from the site. Detention- retention calculations shall be reviewed by the Chief Engineer. All lots within recorded subdivisions shall be provided positive drainage so as to avoid areas of standing water. Where a subdivision includes a pond, lake, basin or other physical facilities for storm water management, the restrictive covenants filed with the plat shall include measures to assure the continued maintenance of the facilities, placing the responsibility for maintenance with the owners of property in such subdivision.
(5) Provisions shall be made to provide an emergency overflow route, from the detention areas to the point of discharge, in the event a storm exceeds the 100-year detention capacity. The overflow route must not adversely impact adjoining properties.
(6) In any subdivision created after the effective date of this section, the subdivider shall be required to post a performance bond to guarantee the execution of the detention-retention area plan. The performance bond shall not be released until the actual conditions, certified by a professional engineer, are submitted and verified by the Chief Engineer.
(Ord. 2023-115. Passed 12-19-23.)
1111.07 HIGH PRESSURE GAS, CRUDE AND PRODUCTS LINES.
Whenever a proposed subdivision is located on land crossed by a high-pressure gas, crude or products line, the following regulation shall apply:
(a) Preliminary Plat. The preliminary plat shall show the location of all high-pressure gas, crude or products lines.
(b) A twenty-five (25) foot easement shall be provided, with the center line of the easement being the actual pipeline.
(Ord. 2023-115. Passed 12-19-23.)