Zoneomics Logo
search icon

Sandusky City Zoning Code

TITLE FIVE

Additional Zoning Requirements

APPENDIX I ZONE MAP AMENDMENTS

Date   Ord.No.   Description
4-24-61   5919-C      R1-60 to RB (Outlot 3 of Darling's Survey east of Sycamore Line)
6-5-61   5928-C      CR1-40 to RB (Lots 145, 147, and 149, Sherman Street)
6-19-61   5938-C      R1-40 to RB (Lots 250 and 252 Columbus Avenue)
6-26-61   5940-C      R1-40 to CS (Lots 42 through 47 Mills Street)
7-31-61   5945-C      R-2F to R-RB (Lots 13 and 15 Central Avenue)
9-18-61   5962-C   R1-60 to RMF (Lot 20 of John W. Upps subdivision)
11-6-61   5973-C   R-2F to RMF (Lot 33 east Washington Street)
1-15-62   5985-C   R-RB to LB (Lot 16 on Tiffin Avenue etc.)
3-5-62   5995-C   R1-40 to LB (Lot 542 Putnam Street)
11-12-62   6070-C   LM to GM (Various lots on Fulton, Decatur, Water, Lawrence, and McDonough Streets)
4-15-63   6104-C   R1-75 to CA (northwest part of Cedar Point Peninsula)4-15-63 6106-C CR to CS (Certain lands in First Ward, lying east of Meigs Street and south of Washington Street)
11-25-63   6152-C   GB to CS (Near Milan Road and McKelvey Street)
1-13-64   6167-C   R-2F to RMF (Lots C, B, and E on east side of Fulton Street)
2-3-64   6171-C   R1-60 to CS (Musson Farm property)
2-24-64   6182-C   CR to RMF (part of Lots 10 and 11 in Darling's Survey east of Pipe Creek)
2-24-64   6183-C   R1-50 to RMF (Lots 1 through 14 Biscayne Drive and Lots 15, 16, and 17 Venetian Drive)
5-4-64   6208-C   Setback line reduced from 30 feet to 15 feet on north side of Perkins Avenue from Sadler Street to Camp Street
7-27-64   6237-C   Setback lines reduced or deleted on certain portions of Farwell Street
8-3-64   6238-C   Setback line amended on property at southwest corner of Sycamore Line and McKelvey Street
8-17-64   6245-C   R1-40 to GB (Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, and 19 on Cowdery Street, Lots 2 and 4 on Caldwell Street and Lots 6 and 8 on Smith Street)
8-24-64   6246-C   R-2F to RMF (part of Lots 32 and 34 on Hancock Street and part of Lots 35 and 37 on Wayne Street)
8-31-64   6255-C   LM to GM (property owned by Philco Division of the Ford Motor Company on south side of W. Monroe Street)
8-31-64   6256-C   R1-60 to RMF (Lot 266 on Milan Road, Lot 264 on Forty Second Street, and Lot 2121 Milan Road)
9-14-64   6262-C   LM to GM (Cellulo Company property)
10-5-64   6267-C   R1-50 to R-2F (part of Mills, 175 acre tract)
12-14-64   6287-C   R1-40 to P (part of Lots 109, 111, and 113 on Sadler Street)
3-1-65   6306-C   R-2F to RMF (Lot 132, 130, and part of 128 Columbus Avenue)
3-15-65   6307-C   R-2F to P (Lot 37 on Jackson Street)
3-15-65   6311-C   R1-75 to P (34 acres of Cedar Point Improvement Company's second subdivision)
4-12-65   6325-C   R1-40 to CS (Lots 16, 18, 20, 22, 24, 26, 28, 30, 32, 34, and 36 on Grant Street, and Lots 146, 148, and 150 on Thomas Street)
4-12-65   6326-C   R1-40 to GB (Lots 1, 3, 5, 7, 9, and 11 on Knapp Street and part of outlot 77)
4-12-65   6327-C   PF to GB (property bounded by Thomas Street, Novelty Street and outlots 66 and 67)
4-12-65   6328-C   GB to PF (Lot 12 on Novelty Street and part of Lot 10 on Novelty Street)
6-1-65   6346-C   R1-60 to RMF (2 acres of outlot 3 in Darling's Survey east of Sycamore Line)
6-28-65   6353-C   R1-60 to RMF (2 acres of original Lot 17 east of Sycamore Line near Milan Road)
7-26-65   6365-C   R-2F to CS (222 West Boalt Street)
8-9-65   6369-C   R1-40 to GB (Lots 5, 7, 9, and 11 on Smith Street)
8-9-65   6370-C   R1-60 to R-2F (Lot 10 on Rohde Street)
8-23-65   6374-C   LB to CS (Lots 55 and 61 on Franklin Street, Lot 77 and part of Lot 75 on Hancock Street)
1-31-66   6416-C   R-2F to PF (Lot 47 on Decatur Street, part of Lot 117 on Hayes Avenue; and Lot 1 on Tyler Street)
1-31-66   6417-C   R1-40 and R1-60 to P (part of Lot 218 and all of Lot 300 on Milan Road)
3-7-66   6423-C   R-2F to LM (N.E. intersection of West Monroe Street and Huron Street)
4-4-66   6430-C   R1-40 to R-RB (parts of Lots 106 and 108 on Hayes Avenue)
5-2-66   6438-C   R-RB to LB (1602 Hayes Avenue)
7-11-66   6457-C   Setback line reduced on both sides of Venice Road from Tiffin Avenue to the old corporation limits
8-29-66   6480-C   GB to LM (2602 Venice Road)
8-29-66   6481-C   R-2F to CS and R-2F to CB (vicinity of Finch Street and Franklin Street)
10-10-66   6490-C   LB to PF (611 Tyler Street)
10-10-66   6491-C   R-RB to LB (1603, 1607, 1613, 1621, and 1627 Hayes Avenue)
11-7-66   6502-C   R-2F to LB (538 Huron Avenue)
12-12-66   6508-C   R1-60 to RB (Lots 9, 10, and 11 in the subdivision of outlots 7 and 8 in Darling's Survey east of Sycamore Line)
12-12-66   6509-C   LB to CS (1028 Hancock Street)
1-3-67   6518-C    R1-60 to CS (422 Buchanan Street)
1-30-67   6525-C   CS to RMF (Lots 43 to 50 on Water Street)
2-27-67   6532-C   R1-40 to P (Lots 130, 132, 134, 136, 138, 140, 142, and 144 on Thomas Street)
5-1-67   6545-C   R1-75 CR (vicinity of Cedar Point parking area and bridge No. 2)
9-5-67   6596-C   R-2F to PF (Lots 3 and 6 on Tyler Street)
9-25-67   6601-C   GB to CS (part of Lots 22 and 23, Scranton's Survey, south of Southwark)
10-30-67   6638-C   R-2F to PF (part of Lots 3 and 5 on Tyler Street)
1-2-68   6660-C   R1-50 to GB (vicinity of Johnson and Thomas Streets)
1-29-68   6672-C   R-2F to LB (606, 612, and 614 West Madison Street, and 616 and 620 Poplar Street)
2-26-68   6679-C   R-2F to PF (part of Lot 4 on Van Buren Street in Keech's Addition)
6-3-68   6721-C   R-2F to PF (709 Tyler Street)
8-5-68   6748-C   R-2F to RMF (parts of Lots 2, 4, 6, and 8 Perry Street)
8-12-68   6751-C   GB to RMF (Lots 13, 14, 15, 22, and 23 Scranton's Survey on Sycamore Line)
10-14-68   6778-C   R1-40 to R-2F (1503 Clinton Street)
10-21-68   6781-C   R1-2F to PF (717 Tyler Street)
7-14-69   6865-C   R1-40 to GB (Property on Sycamore Line)
7-14-69   6866-C   RB to GB (Property on Cleveland Road)
8-18-69   6876-C   R1-50 to LB and RMF (Clarence Wagner property on Cleveland Road)
9-29-69   6901-C   Hayes, Pierce, Buchanan, McDonough Street area to public facilities
10-13-69   6907-C   Clinton Street lots to RMF
10-13-69   6910-C   1806 First Street to P
11-10-69   6917-C   909 First Street to R2-F
11-10-69   6918-C   2325 Columbus Avenue to P
11-17-69   6925-C   1401 McKinley to RMF
12-29-69   6945-C   2121, 2207, 2227, 2307, and 2311 Cleveland Road to GB
2-23-70   6982-C   1924, 1950, 2016, and 2022 Milan Road to LM
3-9-70   6985-C   Cleveland Road lots to GB (2112, 2124, 2206, 2214, 2218, 2222, 2228, 2236, 2300, 2310 and 2350)
4-13-70   6999-C   1020 and 1024 Hancock Street to CS
5-11-70   7015-C   Campbell, Johnson Sherman Street area to RMF
5-25-70   7021-C   Parish Street - Wayne Street area to R1-40
5-25-70   7022-C   Cleveland Road - Cowdery Street area to GB and R1-50
6-8-70   7028-C   Sunnyside Acres on north to R1-50
6-29-70   7038-C   McKelvey St. R/W - between Sycamore Line and Cleveland Road to PF
6-29-70   7039-C   202 W. Madison Street to LB
8-10-70   7052-C   Sadler Street lots to GB
8-10-70   7053-C   1113 Franklin Street to RMF
10-12-70   7077-C   Jefferson and Decatur to LB - Dr. Ernst
11-30-70   7091-C   Lot 35 on Jackson Street to LB
12-21-70   7100-C   Warren and Monroe to RB - A. J. Linz
12-28-70   7102-C   Lots on Sherman and Grant Streets to CS - Hurst
1-25-71   7120-C   Lawrence and Fulton Streets lots to GM - Sandusky Foundry
3-22-71   7143-C   Lots on First Street to R-2F
3-29-71   7147-C   520-22 E. Market Street to RMF
4-26-71   7154-C   1318 Tiffin Avenue to Roadside Business
6-1-71   7172-C   316 Neil Street to P
6-28-71   7182-C   N 1/2 of lot 51 on Franklin Street to CS
7-12-71   7192-C   1924 Cleveland Road to General Business
8-9-71   7203-C   1001 Mills Street to R-2F
10-4-71   7220-C   1317 and 1325 Hayes Avenue from LB to PF
10-4-71   7222-C   1703 Cleveland Road
12-13-71   7247-C   Tyler Street lots R-2F to PF
12-20-71   7257-C   East of Sycamore line R1-60 to RMF
1-24-72   7270-C   2001 Columbus Avenue CS to R-RB
2-28-72   7283-C   Lots Scranton's Survey, south of Southwark RMF to GB
3-13-72   7291-C   Butler and Parish Street lots - R1-40 to GB
3-13-72   7292-C   Jackson and Decatur Street lots - R-2F to PF
3-27-72   7299-C   529 E. Adams Street R-2F to R-RB
4-17-72   7310-C   LaRiviera Motel 1021 Cleveland Road LB to GB
4-24-72   7313-C   2054 Cleveland Road R1-60 to R-2F
4-24-72   7314-C   First Street lots R-2F to RMF
4-24-72   7315-C   Fulton and Monroe Street lots - R-2F to GB
7-10-72   7342-C   208 Perry Street R-2F to RMF
7-10-72   7343-C   Venice Road Area GM To PF
7-31-72   7351-C   Putnam Street lots LB to RMF
10-30-72   7371-C   King Street lots R1-40 to P
11-20-72   7381-C   Second Street lots R1-40 to RMF
11-27-72   7382-C   Lot 23 Columbus Avenue from LB to PF
12-11-72   7394-C   616 E. Market Street R-2F to RMF
8-13-73   7489-C   Perry Street lots - from R2-F and CS to RMF
10-9-73   7523-C   West of Camp Street R. Sallee - R-2F to RMF LUI Rating 3.81/18 units
11-19-73   7531-C   1604 Hayes Avenue R-RB to LB
2-25-74   7594-C   Tyler Street lots R-2F to PF - Good Sam
6-17-74   7660-C   1715 Columbus Avenue - Solid fence
9-16-74   7691-C   Lots on "C" Street and E. Perkins Avenue from R1-40 to GB
12-30-74   7750-C   RMF for property on McKinley and Fifth Street with LUI rating 4.0
3-3-75   7765-C   432 E. Washington Street to RMF
6-9-75   7815-C   First and Second Street lots to CR
7-7-75   7824-C   Property at Hayes and Pierce Streets to PF (Providence Hospital)
8-4-75   7847-C   1453 Huntington Avenue to GB
8-18-75   7854-C   Lot 1007 and 1008 Butler Street to RB
8-25-75   7859-C   Property on Milan Road - Schweinfurth to RMF with LUI 5.0
12-15-75   7908-C   Property on Perry and Warren Streets from Residential Two-Family (R-2F) to RMF
12-29-75   7916-C   Property on 1737 Tiffin Avenue from GB and LM to RMF
1-12-76   7925-C   Property on 721 Tyler Street from R2-F to PF
1-12-76   7926-C   Property on 316, 320, 320 1/2, 322, 326, 330 Neil Street from P and R1-40 to CS
4-26-76   7955-C   Property on Bardshar Road from RS to PF Lutheran Home
7-6-76   7977-C   Portion of lots on Franklin from R1-40 to CS
12-13-76   8033-C   Property on First Street between Causeway Drive and Venetian Drive, and property between First and Fifth Streets from Causeway Drive to a point between lots 604 and 605 on First Street, from R1-40 and RMF to CR.
6-20-77   8091-C   Property, being part of original lot 22 in the annexation north of section 2, listed in sublot 45 1/2, from R1-75 to RMF.
7-5-77   8096-C   Lot 23 on Hancock Street and lot 13 on Huron Avenue, from R-2F to P.
11-7-77   8151-C   Parts of lots 4 and 6 on Van Buren Street, from R2-F to PF.
11-7-77   8152-C   Lots 10 and 12 on Tyler Street from R2-F to PF.
1-8-79   8317-C   Property bounded by First St., Causeway Dr., F St., and River Ave., from R1-40 to CR, except that property already zoned CR.
8-27-79   8416-C   Lots 24, 25, 26, 27, 28, 29, and 30 on South Depot Street from LM to PF.
9-17-79   8421-C   Parts of Lots 17 and 19 on Perry Street from R-2F to RRB.
10-15-79   8432-C   Lot 33 on Milan Road and property known as 1408 and 1410 Milan Road, from R1-40 to GB.
1-21-80   80-005   Lots 250 and 252 on Columbus Avenue known as 2331 Columbus Avenue, from R-RB to GB.
3-3-80   80-014   Property, commencing in the center of Milan Road and containing approximately 4.52 acres, from R1-60 to RMF.
5-19-80   80-034   Property bounded by Williams Alley, Butler St., Wilson Alley, and an unnamed alley, from R1-40 to R-RB.
11-10-80   80-085   Property adjacent to Lake Erie bounded on the south by a line parallel to the north line of lot 13 of Laguna Subdivision and 75 feet therefrom, on the west by the east line of Cedar Point's main parking lot, on the north by the former crossover road, known as Florence Drive Extended, and on the east by Lake Erie, from R1-75 to P.
12-8-80   80-099   Parts of lots 22 and 24 on Jackson Street from R2F to PF.
4-20-81   81-034   Parts of lots 17 and 19 of M.G. Mackey's Subdivision of original lot 56 west of Sycamore line from R1-60 to R2F.
6-15-81   81-047   Property on 704 Bardshar Road from RS to R1-75.
6-15-81   81-048   Lots 6, 8, 18, 20, 22, 24, 127, 129, 131, 133, 10, 12, 14, 16, 335, 336 in the Third Ward from R1-40 to PF.
      Lots 119, 121, 123, 218, 220 and part of lot 4 in the Third Ward from R1-40 to PF.
      Lot 26 located in the Fairlawn Subdivision from RMF to PF.
7-20-81   81-063   Approximately 9.9 acres of property located north of the old Pier Track and west of the Remington Avenue extension from R1-60 to RMF.
6-21-82   82-047   303 Finch St. and 1127 Franklin St. from Commercial Services (CS) and Local Business (LB) to Residential Multi-Family (RMF).
6-21-82   82-048   1307 W. Monroe St. from Residential Multi-Family (RMF) to Residential Business (RRB).
11-1-82   82-084   Two parcels in part of Lots 44, 46 and 48, Hancock St., and part of Lots 44 and 46, Hancock St., and part of Lots 47 and 49, Wayne St. (Southwark Addition) from Residential 2-Family to Local Business (LB).
11-22-82   82-088   Sublots 784 to 792 and part of Fifth St. from Commercial Recreation (CR) to Roadside Business (RB).
11-22-82   82-089   634 Perry St. and 607 E. Monroe St. from Residential 2-Family (R2F) to Local Business (LB).
11-29-82   82-090   2024 Campbell St. from Residential 1-Family-40 (R140) to Local Business (LB).
12-6-82   82-095   Waives Zoning Code provisions and allows for erection of sign at 919 W.
      Washington St.
1-10-83   83-002   1417 E. Parish St. from Residential 1-Family-40 (R140) to General Business (GB).
9-19-83   83-074   Property bordered by Sycamore Line, near Third St. from Public Facilities (PF) to Residential Multi-Family (RMF).
10-3-83   83-082   301 Putnam St. from Residential 1-Family-40 (R140) to Commercial Services
4-2-84   84-015   Part of Lots 10, 12, 14, and 16 and vacated alleys in John McKelvey and H.C. Huntington's Subdivision from Residential 1-Family-40 (R140) to Public Facilities (PF).
5-29-84   84-041   Property bordered by Lot 23, Subdivision 32 West and Lot 33 from Residential Suburban (RS) to Commercial Services (CS).
6-18-84   84-050   Property bordered by Water St., Franklin St. and Shoreline Dr. from Commercial Services (CS) to Local Business (LB).
9-17-84   84-084   806 Warren St. from Residential 1-Family-40 (R140) to Residential 2-Family (R2F).
11-26-84   84-103   Lots 545 and 547 Fair Grounds Allotment from Residential 1-Family-40 (R140) to Local Business (LB).
4-8-85   85-023   Property bordered by Franklin St. and Shoreline Dr. from Commercial Services (CS) to Local Business (LB).
5-28-85   85-040   North half of Lot 3 Milan Rd. and Burre Parcel from Residential 2-Family (R2-F) to Local Business (LB).
9-16-85   85-072   Lots 43 and 44 Lawrence St. from Residential Multi-Family (RMF) to Residential 2-Family (R2F).
10-7-85   85-080   1218, 1222, 1238, 1302 and 1306 Third St. from Residential 1-Family-40 (R140) to Residential 2-Family (R2F).
10-21-85   85-083   2320 Milan Rd. from Residential 1-Family-60 (R1-60) to Residential Multi-Family (RMF).
12-23-85   85-104   3005 W. Monroe St. from Residential Two-Family (R2-F) to Local Business (LB).
1-13-86   86-002   1302 Cleveland Rd. (except area already zoned General Business) from Commercial Services (CS) to General Business (GB).
5-12-86   86-049   Parts of Lots 37, 39 and 41, and parts of Lot 33 in Geo. H. DeWitt's Subdivision from Residential 1-Family-40 (R1-40) and Public Facilities (PF) to Local Business (LB).
6-30-86   86-065   Lots 43 and 45, parts of Lots 37, 39 and 41, and part of Lot 33 in Geo. H. DeWitt's Subdivision from Residential 1-Family-40 (R1-40) and Public Facilities (PF) to Local Business (LB).
11-10-86   86-116   Part of Lot 113, and parts of Lots 112 and 113 in O.L. 23, Heywood's Subdivision from Residential Suburban (RS) to Residential Multi-Family (RMF).
7-20-87   87-071   5.67 acres in the Cedar Point Penninsula, Lot 28, Section 3, Huron Twp. from Residential Single Family (R1-75) to Residential Multi-Family (RMF).
9-8-87   87-093   .4243 acres in pt. of Lot 66, Darling's Survey and Subdiv. of a 479-acre tract west of Mills Creek, Third Ward from Limited Manufacturing (LM) to Public Facilities (PF).
10-13-87   87-111   38.97 acres in pt. of Subdivs. 32, 33, 112 and 113, Heywoods Subdiv. of Original Lot 23 in the annexation to Margaretta Twp. from Residential Suburban (RS) to Agricultural (AG).
8-15-88   88-090   609 Tiffin Ave. (.1890 acres) from Public Facilities (PF) to Residential Business (R-RB).
10-31-88   88-135   1640 Cleveland Road from Residential 1-family-60 and Local Business to General Business District.
5-22-89   89-069   Two adjoining parcels of land on the northwesterly point of Cedar Point Penninsula from Public Facilities (PF) to Commercial Amusement (CA).
11-20-89   89-192   Lots 1, 3, 5, 7 and 9, Follett St. in William Schneider's Subdivision of Outlots 41 and 42 and the west part of Outlot 43 south of Southwark.
90-005   1-8-90   Property in the John McKelvey and H.C. Huntingtons subdivisions from Residential 1-Family-40 (Rl-40) and Local Business (LB) to Public Facilities (PF) District.
2-25-91   91-020   Part of Parish Street vacated by Ord. 5288-C (Lot 21, Ransom's Amended Plat) from Residential 1-Family-50 (R1-50) to General Business (GB) District.
9-23-91   91-117   Original Lot 9, Darling's Survey east of Sycamore Line (0.1422 acres) from Residential 1-Family-60 to General Business (GB) District.
9-23-91   91-119   Parts of Lots 301 and 302 on Hayes Avenue in Frank P. Lester's Subdivision from Residential 1-Family-40 (R1-40) to Public Facility (PF) District.
9-23-91   91-120   Lot 14, Ransom's Amended Plat of part of Outlots 12, 23 and 24, Darling's Survey east of Sycamore Line from Residential 1-Family-50 (R1-50) to General Business (GB) District.
4-13-92   92-035   Part of Outlot 19, Darling's Survey, East of Sycamore Line, Second Ward from Public Facilities (PF) to General Business (GB) District.
4-27-92   92-046   Part of Outlots 19 and 22, Margaretta Annexation from Residential Suburban (RS) and Residential Multi-Family (RMF) to Public Facilities (PF), Residential 1-Family-75 and Residential Multi-Family (RMF) District.
11-9-92   92-127   Part of Lots 519 to 522, 524, 525 and all of Lots 526 to 529, Lockwood Subdivision from Residential 1-Family-40 (R1-40) and Commercial Recreation (CR) to Roadside Business (RB) District.
4-12-93   93-045   2 land parcels (414 and 428 Wayne St.) from Residential 2-Family to Local Business (LB) District.
10-25-93   93-144   3 land parcels (1232 and 1236 Monroe St.) from Residential 2-Family (R-2F) to Local Business (LB) District.
1-10-94   94-003   32 properties of various residential classifications rezoned to Business and Commercial classifications.
1-10-94   94-004   28 properties of various classifications rezoned Public Facility (PF) District.
3-14-94   94-026   1213-1319 First St. and property on Filmore/S. Depot St. from Limited Manufacturing (LM) and General Manufacturing (GM) to Commercial Recreation (CR), Rl-40/One-Family Residential and Commercial Services (CS) Districts.
4-11-94   94-042   1607 Camp St. and 1400 Taylor St. from Commercial Services (CS) to Public Facilities (PF) Districts.
8-22-94   94-105   2218 Sherman St. from Rl-40/Single-Family Residential to GB/General Business District.
8-22-94   94-106   7-block area in Fourth Ward from RMF/Multi-Family Residential to R2F/Two-Family Residential District.
8-29-94   94-107   Property on Second, Third and Fourth Sts. (Second Ward) from Rl-40/Single-Family Residential to CR/Commercial Recreation District.
11-14-94   94-135   Lots 2, 4, 6 and 8, Sherman St. from Rl-40/Single-Family Residential to GB/General Business District.
12-12-94   94-153   Ransom Park from PF/Public Facilities to GB/General Business District.
1-23-95   95-011   12.8181 acres from R1-75/One-Family Residential to R1-60/One-Family Residential District; from RS/Residential Suburban to R1-75/One-Family Residential District.
3-11-96   96-071   708 Hancock St. from LB/Local Business to RMF/Multi-Family Residential District.
7-22-96   96-149   Property (.1010 acres) in Lot #42 on Hancock St. from R2F/Two-Family Residential to LB/Local Business District.
9-23-96   96-178   Lot Nos. 101, 103, 105 and 107 on Sadler St. from R1-40/Single Family to LB/Local Business District.
2-10-97   97-069   1338 and 1420 Tiffin Ave. from “CS”/Commercial Services to “PF”/Public Facilities District.
2-10-97   97-070   Parcel #60-00021, part of Lot 30, Venice Rd. from “GM”/General Manufacturing to “PF”/Public Facilities District.
4-28-97   97-110   0.2613 acres east of Hayes Ave. and north of 2228 Hayes Ave. from “PF”/Public Facilities to “GB”/General Business District.
7-28-97   97-166   (a)   Several areas of “Southside Neighborhood” from R2F/Two-Family Residential to “R1-40"/One-Family Residential District.
      (b)   Property between Mills and Putnam Sts. from “CS”/Commercial Services to “R1-40"/One-Family Residential District.
      (c)   Lots 517-519 Clay St. from “R2F”/Two-Family Residential to “RMF”/Multi-Family Residential District.
      (d)   Lots 276 and 277 Camp St. from “LB”/Local Business to “R1- 40"/One-Family Residential District.
10-14-97   97-215   Several properties on Warren St., E. Monroe St., and rear of E. Madison St. from “R/RB”/Residential Business, “RB”/Roadside Business and “R2F”/Two-Family Residential to “GB”/General Business District.
1-12-98   98-077   1432 Tiffin Ave. from “CS”/Commercial Services to “PF”/Public Facilities District.
11-9-98   98-249   Parcel #58-02170 (pt. of Outlots 68, 69 and 74), 2107 Hayes Ave. from “GB”/General Business to “PF”/Public Facilities District.
12-28-98   98-284   17.534 acres (pt. of Sublots 3 and 6 and W ½ of Sublot 4 of Original Lots 27 and 28 in annexation N of Margaretta Twp.) from “GM”/General Manufacturing to “PF”/Public Facilities District.
3-22-99   99-122   Lots 6 and 7 on 52nd St. (formerly Austin St.) in Flynn, Gilcher and Dewitt’s Subdivision, except Lot 6 (westerly feet) from “R1-60"/One- Family Residential to “LB”/Local Business District.
6-28-99   99-188   Lots 43 and 45 of Hancock St. from “RMF”/Residential Multifamily to “P”/Automobile Parking District; Lots 47 and 49 of Hancock St. from “LB”/Local Business to “PF”/Public Facility District.
6-28-99   99-189   Parts of Outlots 25 and 26 and part of Sandusky Business Men’s Association (Causeway Drive) from “R1-50" and “R1-60"/Single-Family Residential and “RB”/Roadside Business to “CR”/Commercial Recreation District.
11-22-99   99-311   Property at 513-701 Fremont Ave. from “R1-75", “RMF”, “PF” and “RB” Districts to “RMF” Multi-Family Residential District.
12-13-99   99-319   Property at 1300 Butler St. (Lots 998-1006) from “R-RB” Residential to “GB” General Business District.
2-28-00   00-112   Property at 502-614 W. Market St. from “GB” General Business to “PF” Public Facilities District.
10-10-00   00-263   Lot 13 W. Adams St., Lot 17 Jackson St. and parts of Lots 14, 15, 10, 11 and 12 W. Adams St. from “GB” General Business to “PF” Public Facilities District.
10-10-00   00-264   Property at 1238 Second St. from “R1-40" Single Family Residential to “LM” Limited Manufacturing District.
11-13-00   00-228   Property at 714 and 718 Tyler St. from “R2F” Residential Two-Family to “PF” Public Facilities District.
6-29-01   01-154   Property at 408 Cooke St. and 1006, 1010, 1012, 1016, 1018 and 1102 Decatur St. from “R2F” Residential Two-Family to “PF” Public Facilities District.
6-25-01   01-166   Property at corner of Huron and W. Jefferson Sts. (Outlots 26-31, 50 and 51) from General Manufacturing (GM) to Residential Multi-Family (RMF) District.
4-22-02   02-097   Three zoning areas being part of Original Lots 26 and 27 Venice Road, as follows: 8.5721 acres, from “R1-75" Residential Single Family and “RS” Residential Suburban to “RMF” Residential Multi Family; 12.9048 acres from “RS” Residential Suburban to “RMF” Residential Multi- Family; 78.0563 acres with Zoning Area 1 and 2 excepted, which will leave 56.5794 acres to be rezoned from “RS” Residential Suburban to “R1-75" Single Family Residential.
5-28-02   02-116   7.0551 acres located south of Fifth Street and east of Farwell Street from Commercial Recreation (CR) to Commercial Services (CS).
1-12-04   04-058   Property beginning at point in westerly line of Sandusky Boat Ramp, with southerly line of Sandusky Bay zoned as “DB” Downtown Business District (from original zoning “LM” Limited Manufacturing, “PF” Public Facility, “GB” General Business, “CS” Commercial Service, “P” Automobile Parking, “RMF” Multi-Family Residential, and “R2F” Two-Family Residential Districts).
4-12-04   04-088   Property (.7896 acre) at 1319 Tiffin Ave. from “PF” Public Facility to “R-RB” Residential Business.
12-27-04   04-208      Land parcels between Hayes Ave. and Decatur St. from Commercial Services (CS) and Residential Two-Family to Public Facility (PF) District.
2-13-06   06-013   Three land parcels on Venice Rd. from “R1-75" Single Family Residential to “LB” Local Business District.
3-27-06   06-033   Two land parcels on Arthur St. and Campbell St. from “R1-40" Single Family Residential to “CS” Commercial Service District.
06-088   9-11-06   Two parcels located on Meigs Street from Commercial Recreation (CR) and Residential Two-Family (R2F) to Commercial Recreation (CR).
07-037   7-9-07   Two parcels on “C” Street from “R1-40" Single Family Residential District to “GB” General Business District.
08-043         5-29-08      Five parcels from “P” - Automobile Parking District, “R1-40" - Single Family Residential District and “R1-60" - Single Family Residential District to “LB” Local Business District.
11-141   12-27-11   911 Decatur Street, from “R2F” two-family residential district to “PF” public facilities district.
12-015   2-13-12   Fourteen parcels located at the northwest corner of Prospect Street and Tyler Street and one located at the southeast corner of Prospect Street and Tyler Street and part of one parcel located at the parking area/helipad area bounded by Fulton and Decatur Street and the vacated portion of Porter Street from “R2F” two-family residential district to ”PF” public facilities district.
12-026   3-26-12   2216-2222 Milan Road, from “R1-60" single-family residential district to “R-RB” residential business district.
13-046   5-13-13   Eleven parcels located on the north side of the 900 block of West Market Street between Lawrence Street and McDonough Street; eight parcels and part of one parcel from “RRB” residential business district and one parcel and a previously vacated portion of Lawrence Street from ”PF” public facilities district to “LM” limited manufacturing district.
13-057   6-24-13   North half of parcel located at 2219 Campbell Street (Lot 152) from “R1-40" single-family residential district to “GB” general business district.
14-026   3-24-14   1737 Tiffin Avenue from “RMF” multi-family residential district to “RB” roadside business district.
14-066   6-23-14   1319 Tiffin Avenue, from "RRB" residential-business district to ”RB” roadside business district.
14-126   11-10-14   1503 Clinton Street from ”R2F” two-family residential to “R1-40" single-family residential district.
15-071   5-26-15   Six parcels from “R2F” two-family residential district to “DB” downtown business district.
16-011   2-8-16   302 and 420 Superior Street from “GM “general manufacturing district to “PF” public facility district.
16-072   5-9-16   Four parcels located on Water Street from ”LM” limited manufacturing district to ”DB” downtown business district.
16-073   5-9-16   1202 First Street and 1208 First Street from residential business district to commercial service district.
16-094   6-27-16   629 Washington Street from “R2F” two-family residential district to “DB” downtown business district.
16-095   6-27-16   Sixteen parcels located on Second, Third and Fourth Streets from “R1-40" single-family residential district to “CR” commercial recreation district.
16-124   8-8-16   1314 Prospect Street from “R2F” two-family residential district to ”PF” public facilities district.
17-011   2-13-17   One parcel from ”LM” limited manufacturing and ”GB” general business district to “RMF” residential multi-family district both located near Tiffin Avenue, Olds Street and Venice Road.
17-189   10-9-17   Four parcels from “R2F” two-family residential district to ”CS” commercial service district located on Neil Street, Division Street and Wayne Street, rear lot.
17-229   12-22-17   Seven parcels from “R1-40" single-family residential district and one parcel from ”RRB” residential business district to ”PF” public facility district for parcels fronting Rockwell Street, Hayes Avenue and Pierce Streets.
18-005   1-8-18   2513 Venice Road and 1651 Tiffin Avenue from ”RMF” residential multi-family district to “GB” general business district.
18-068   3-26-18   301 Superior Street from “LM” limited manufacturing to “PF” public facility.
18-126   6-25-18   Creation of Transient Occupancy Overlay District for properties within the Cove District and along Meigs Street and First Street.
18-142   7-9-18   Four parcels located on Fourth Street and Third Street from “R1- 40" single-family residential district to ”CR” commercial recreation district.
19-159   9-23-19   Rezone Parcel No 57-01486.000 located at 2309 Columbus Avenue from R1-40 Single Family Residential District to R-RB Residential Business District on behalf of Theodore and Debra Peters.
20-036   2-24-20   Addition to Transient Occupancy Overlay District to include Parcel No. 56-01177.000, 56 00647.000, 56 01241.000 and 56 00912.000 located at 623, 627, 629 and 631 East Washington Street.
20-134   9-28-20   Rezone Parcel Nos. 57-01424.000 and 57.04125.000, located at 1643 First Street, for a residential Planned Unit Development and approving the preliminary plans for the proposed planned unit development.
20-199   12-28-20   Rezone parcel no. 58-68009.000 located at 2101 W. Perkins Avenue from "PF" Public Facilities to "LM" Limited Manufacturing District.
21-022   2-22-21      Rezone parcels on the south side of First Street, between Farwell Street and Cedar Point Drive, from “R1-40" (Single-Family Residential District) to “CR” (Commercial Recreation District).
21-134   9-13-21      Rezone Parcel Nos. 56-68032.000, 56-68031.000 and 56-68034.000 located at 431 Columbus Avenue from “PF” Public Facilities District to “GB” General Business District.
21-176   11-8-21      Rezone Parcel No. 57-02118.000 located at 1035 Hancock Street from “LB” Local Business District to “R-RB” Residential-Business District.
21-192   12-13-21   Rezone Parcel No. 57-68035.000 located at 1012 Columbus Avenue from “R2F” Two-Family Residential District to “RMF” Multi-Family Residential District.
22-072   4-11-22   Expand the Transient Occupancy Overlay District to include Parcel No. 56-00584.000, located at 629 E. Adams Street.
22-114   6-13-22   Parcel No. 57-04215.000 located at 709 Perry Street from “R2F” Two-Family Residential District to “RRB” Residential Business District.
22-152   8-8-22      Parcel Nos. 57-03542.000, 57-03541.000, 57-03374.000 and 57-00159.000 located at 2609 & 2613 Milan Road from “R1-40" Single Family Residential District to “GB” General Business District.
22-212   11-14-22   Assign a zoning designation for a portion of Superior Street located north of West Monroe Street and adjacent to 301 Superior Street, 420 Superior Street, and Parcel No. 59-62001.000 upon completion of vacation to “PF” Public Facilities District.
23-075   3-27-23   Parcel Nos. 56-00131.000 and 56-61007.000 located at 306 W. Water Street from “LM” Limited Manufacturing District to “DB” Downtown Business District.
23-101   4-24-23   Parcel Nos. 56-01377.000, 56-01377.001, 56-01377.002, 56-01377.003, 56-61377.000, 56-61377.001, and 56-61377.501, located at 701 E. Water Street, for a residential planned unit development.
23-105   5-8-23      Expand the Transient Occupancy Overlay District to include Parcel Nos. 5600022.000, 56-00734.000, 56-00033.000, 56-00356.000 and 56-00030.000 located at 603, 605, 611, 617, and 619 E. Washington Street.
23-197   10-9-23   Rezone the western portion of Parcel No. 57-04139.000 located at 123 Division Street from “PF” Public Facilities District to “R2F” Two-Family Residential District and the eastern portion from “PF” Public Facilities District to “LB” Local Business District.
24-004   1-8-24   Rezone Parcel No. 58-65001.000 from “PF” Public Facilities District to “RMF” Residential Multi-Family District.
24-045   2-26-24   Denying the request to amend the official zone map of the City of Sandusky to rezone Parcel Nos. 57-03358.000, 57-02994.000, 57-02885.000, 57-02989.000, and 57-04471.000 located on Cleveland Road from “R1-60" Single-Family Residential District and “R2F” Two-Family Residential District to “R-RB” Residential-Business District.
24-110   5-28-24   Rezone Parcel No. 56-00352.000 located at 416 Warren Street from “CS” Commercial Services District to “RMF” Multi-Family Residential District.
24-237   11-25-24   Rezone Parcel No. 56-68012.000 located at 518 Jackson Street from “PF” Public Facilities District to “RMF” Multi-Family Residential District.
24-255   12-9-24   Rezone a portion of Parcel No. 57-65011.000, located at 1215 Campbell Street, from “PF” Public Facilities District to “RMF” Multi-Family Residential District.
25-003   1-13-25   Rezone Parcel Nos. 57-05723.000, 57-00193.000, and 57-00193.001 located at 1531-1535 First Street from “GM” General Manufacturing District to “CR” Commercial Recreation District.
 
 

ZONING WAIVERS AND VARIANCES

Date   Ord.No.   Description
7-17-61   5943-C   Waiver of setback provisions for Sandusky Foundry & Machine Co. property on West Market Street
3-26-62   6001-C   Waiver of setback provisions for Sandusky Foundry & Machine Co. property on West Water Street
4-30-62   6013-C   Waiver to Gertrude M. Baumann for property on Tyler Street
10-15-62   6061-C   Waiver of setback provisions for Sandusky Foundry & Machine Co. property on Water and Fulton Streets
11-26-62   6072-C   Waiver of setback provisions on C Street as they pertain to Lot 784 River Avenue
2-10-64   6173-C   Waiver to Towne Tavern Restaurant to allow pole sign in front of 913 West Washington Street
4-6-64   6191-C   Waiver of front yard requirements for Mack Iron Works Co. property at corner of Warren and Water Streets
9-14-64   6257-C   Waiver of front yard requirements for Industrial Nut Company's Tiffin Avenue Plant
10-19-64   6271-C   Waiver of front yard requirements for G. & C. Foundry Company property on West Monroe Street
11-9-64   6274-C   Waiver of front yard requirements for The Farrell Cheek Steel Company Plant on Lane Street
11-30-64   6280-C   Waiver for fence construction on property of Edna Knauer on the S. W. corner of First and Ogontz Streets
11-5-65   6319-C   Waiver for marquee construction over sidewalk at 1033 Camp Street
4-12-65   6320-C   Waiver to Peoples Savings and Loan Association at 1063 Columbus Avenue
4-26-65   6333-C   Waiver to owners of property at 913 W. Washington Street
6-21-65   6349-C   Waiver for marquee construction at 113 to 127 W. Market Street
6-21-65   6350-C   Waiver for fence construction at S. E. corner of Winnebago and W. Monroe Streets
7-26-65   6363-C   Waiver for marquee construction at 718 Hancock Street
8-9-65   6366-C   Waiver for marquee construction at 533 W. Perkins Street
8-9-65   6367-C   Waiver of front yard requirements at Industrial Nut Corp.'s plant on Tiffin Avenue
11-1-65   6388-C   Waiver for marquee construction at 513 E. Perkins Avenue
11-1-65   6389-C   Waiver for fence construction at 1913 Hayes Avenue
11-22-65   6393-C   Waiver for fence construction at S. W. corner of McDonough and W. Jefferson Streets
3-21-66   6426-C   Waiver for marquee construction at 1331 Camp Street
5-16-66   6440-C   Waiver of setback provision at 2602 Venice Road
5-23-66   6444-C   Waiver of side yard setback lines at 1602 Hayes Avenue
6-6-66   6449-C   Waiver of front yard requirements at Industrial Nut Corp.'s plant on Tiffin Avenue at Broadway
7-25-66   6460-C   Waiver of setback line at 420 Anderson Street (amended, see Ord. 6485-C)
7-25-66   6461-C   Waiver for marquee construction at N. W. corner of W. Water Street and Jackson Street
7-25-66   6462-C   Waiver of height requirements for erection of sign on property of O. & O. Rental, Inc. on Nantuckett Drive at First Street
8-5-66   6470-C   Waiver for improvements at 1513 Carr Street

APPENDIX II ZONING WAIVERS AND VARIANCES

 
Date   Ord.No.   Description
8-5-66   6471-C   Waiver for construction of canopy over sidewalk at 241 Jackson Street
8-5-66   6473-C   Waiver of front yard setback line at 1001 Fremont Avenue
9-26-66   6485-C   Waiver of setback requirements at 420 Anderson Street (repealed Ord. 6460-C)
10-10-66   6488-C   Waiver of nonconforming use provisions as applicable to 536 E. Adams Street
10-24-66   6494-C   Waiver for sign construction by Cook Coffee Co. at 709 W. Perkins Avenue
11-21-66   6504-C   Waiver of front yard requirements on Lane Street with reference to the Farrel Cheek Steel Co.
12-27-66   6514-C   Waiver of front yard requirements for Providence Hospital south of Pierce Street between McDonough and Central Avenue
1-30-67   6523-C   Waiver to Sandusky Bay Kiwanis Senior Citizens, Inc. for construction of multifamily housing unit for senior citizens on Water Street
4-24-67   6543-C   Waiver of side and rear lot requirements to O. P. Craft Co. on Lot 25 Warren Street
4-24-67   6544-C   Waiver of side and rear lot requirements to Lake Erie Welding at 524 Ogontz Street
5-8-67   6551-C   Waiver for sign construction at 144 through 152 through 156 Columbus Avenue, Cook Building
5-15-67   6554-C   Waiver to property of Sandusky Realty Co. at Pierce & Shelby Streets
6-5-67   6563-C   Waiver of side yard requirements on Monroe Street for building at 633 Hancock Street
6-26-67   6574-C   Waiver of front yard setback line at 1405 Sycamore Line
1-8-68   6661-C   Waiver to permit motel construction at 2428 Columbus Avenue
1-15-68   6665-C   Waiver to permit dental office at 1521 Columbus Avenue
1-15-68    6666-C   Waiver to M. H. D. Corp. to construct a Mobile Home Park
1-22-68    6667-C   Waiver to permit dental office at 334 Hancock Street
3-4-68    6682-C   Waiver to M. H. D. Corp. to construct a wild animal farm (repealed, see Ord. 6690-C)
3-18-68    6685-C   Waiver of side yard setback requirements on Poplar Street and rear yard requirements on Madison Street which pertain to the building at 621 Popular Street
4-1-68    6688-C   Waiver to permit Park Central Cleaners to construct addition to building at 1433 Camp Street
4-1-68    6690-C   Repeal of Ord. 6682-C relating to wild animal farm construction as a waiver of the zoning code
4-8-68    6691-C   Waiver to permit overhang over sidewalk at 135 through 139 through 145 Columbus Avenue
5-6-68    6697-C   Waiver to permit second floor addition to motel at 2214 Cleveland Road
5-20-68    6708-C   Waiver setback requirement on Scott Street at Hancock Street for building of Grill Meats, Inc.
5-20-68    6710-C   Waiver front yard requirements for office building at the corner of Hancock Street and East Market Place
6-3-68    6720-C   Waiver of setback requirements at 2206 Cleveland Road
6-17-68    6723-C   Waiver to M. H. D. Corp. for construction of travel trailer port and campsite
8-12-68    6752-C   Waiver of space between buildings requirement for property of Fraser Mortgage Company on Sycamore Line
8-19-68    6753-C   Waiver for overhang over sidewalk at 436 Decatur Street
8-19-68    6754-C   Waiver to allow construction of multi-family unit for Erie Metropolitan Housing Authority at Lot 2 Perry Street
10-28-68    6782-C   Waiver for erection of roof sign for Italian Gardens Restaurant at 1932 Cleveland Road
12-2-68    6794-C   Waiver to construct addition to existing building at Memorial Monumental Works, 2704 Milan Road
12-16-68    6797-C   Waiver to construct driveway at 3512 Venice Road
3-17-69    6833-C   Exempting certain property from terms and provisions of zoning code
4-28-69    6839-C   Waiver of 1129-C for Gas Station-Cleveland Road-Roosevelt
5-19-69    6844-C   Waiver to permit building at 1442 Camp Street as three-family
8-4-69    6869-C   Exemption for 1616 Cleveland Road for overhang
11-17-69    6919-C   Waiving rear yard setback for 1530 Willow Drive
11-17-69   6920-C   Waiving opening between buildings - G. J. Apel Lumber on McKinley Street
1-19-70   6968-C   Waiving front yard setback line for 1318 Cleveland Road
8-17-70   7054-C   Third National Bank - Permission to build canopy within side yard setback area
6-29-70   7035-C   Waiver on property of Sandusky Realty on Pierce Street
11-9-70   7087-C   Waiver granted for marquee at 148 E. Market Street over sidewalk and public R/W
12-21-70   7099-C   Waiver - Lots on Boalt Street for John Ceccoli
1-25-71   7108-C   Waiver for Sandusky Foundry for Fulton and Lawrence Street lots
2-22-71   7132-C   Waiver for signs for Third National at 127 Farwell Street
3-1-71   7133-C   Zoning Code and Map waived for mobile home park for Hartwigs on Venice Road
4-5-71   7149-C   Property at 1303 Hayes Avenue exempted for 2' overhang Foodland Store
5-17-71   7168-C   Waiver for Providence Hospital on setback line and area lot coverage - Buchanan and Pierce
6-1-71   7173-C   Waiver for 316 Neil Street: to permit parking of armory vehicles until July 1972
6-28-71   7183-C   1013 Franklin Street rear yard setback waived from 40' to 20' (Amended, see Ord. 7201-C)
8-2-71   7201-C   1013 Franklin Street rear yard setback waived from 40' to 20' (Amended Ord. 7183-C)
8-30-71   7208-C   Waiver of Zoning Code - premises at rear of 1533 Milan Road - Andres Tucker Funeral Service
10-4-71   7221-C   Waiver - First Christian Church, Hayes Avenue
10-26-71   7227-C   Exempting premises at 217 E. Water Street from Code - Building Cornice
11-8-71   7236-C   Waiver at 1742 Camp Street for storage building - H. W. Homberger
12-13-71   7244-C   Waiver at 2130 Milan Road for daycare facility - R. Mitchell
12-13-71   7245-C   Residential Land Use and Density Regulations amendments
12-27-71   7260-C   Waiver - plans of Cedar Point for widening of causeway
3-19-72   7293-C   Waiver - St. Mary's School on total area coverage
3-27-72   7296-C   Waiver - Sandusky Aluminum Company Hancock Street - rear yard setback
3-27-72   7297-C   Waiver - Phase II - Bayshore Estates, Mobile Home Park
5-15-72    7322-C   Waiver - Lot No. on S. Depot Street to be divided in equal
6-26-72    7338-C   Waiver - 1102 W. Washington Street new rear setback line
9-25-72    7366-C   Waiver - A. L. Garber Company lot coverage - parking lot
4-9-73    7437-C   Waiver - 1535 Milan Road daycare center
4-30-73    7449-C   Waiver - 603 E. Water Street addition to existing building (Warren Johnson)
6-4-73    7461-C   Waiver - C. Wagner's Allotment and Springdale Allotment to construct cul-de-sacs
9-4-73    7503-C   Waiver - Grill Meats, 1031 Pierce Street for sign
9-24-73    7516-C   Exemption - 309 W. Water Street O. Schaefer/Marquee
10-9-73    7520-C   Waiver - N. W. corner of Osborne and Wayne Streets - fence Eugene E. Wittmer
12-17-73    7549-C   Waiver - Erie Metro Housing Remington Avenue - fence
12-31-73    7565-C   Directional signs on boulevard at 610 W. Washington
2-4-74    7581-C   Exemption - roof at 1602 Hayes Avenue - Sam Todaro
2-4-74    7582-C   Waiver joining 2 existing buildings at 1602 Hayes Avenue
4-1-74    7612-C   Waiver - Business-residential complex at E & K Winery 220 E. Water Street
8-19-74    7680-C   Waiver - A. Riesterer to convey 39' of premises at 1907 W. Jefferson Street to 429 Putnam
9-23-74    7693-C   Waived Zoning Code for property at 524 Ogontz Street to permit construction of building
10-21-74    7708-C   Waived for Assembly of God to permit former Western Security Bank building to be used as church
10-21-74    7709-C   Exemption for overhang at Jackson and Water Street - 121 Jackson Street
10-21-74    7711-C   Waiver for mobile home at rear of 527 Gartland Avenue
11-4-74    7714-C   Waiver for placement of mobile home at 527 Gartland Avenue
11-25-74    7722-C   Exemption for overhang at 305 E. Water Street
3-17-75    7768-C   Exemption for overhang at NE corner of W. Market and Decatur Streets
3-24-75    7769-C   Waiver on lot coverage at 432 E. Washington Street
4-7-75    7783-C   Exemption for overhang at SE corner of W. Monroe and Carr Streets
6-23-75    7820-C   Exemption for overhang at 908 Columbus Avenue
9-8-75    7863-C   Exemption for overhang at 142 Columbus Avenue
10-6-75    7869-C   Exemption for overhang at 910 Columbus Avenue
11-10-75   7887-C   Waiver for placement of mobile home at 3417 W. Monroe Street
6-7-76   7971-C   Waiver to permit construction of new cement block building at 1501 Milan Road
6-21-76   7975-C   Waiver to store and display cement blocks at 1621 Sycamore Line
7-6-76   7978-C   Waiver for Chef's Pantry relating to front yard setback line on parking at Neil and Franklin Streets
8-9-76   7988-C   Waiver for the Selected Meat Company relating to front yard setback line on boathouse property at 833 Curran Street
10-25-76   8011-C   Exemption for overhang at 224 East Water Street
11-22-76   8023-C   Waiver of rear and side yard setback lines at 2235 West Perkins Avenue
1-24-77   8042-C   Waiver for Millot Storage and Transfer Corporation for conditional use permit at 912 Maple Avenue
2-22-77   8048-C   Waiver of side and rear lot requirements at 414 Wayne Street
4-25-77   8068-C   Exemption for Group B Home Occupation at 1122 C Street
5-9-77   8072-C   Exemption to Sandusky Metal Products, Inc. to place four 1,000-gallon propane tanks on its property
5-9-77   8073-C   Waiver permitting used automotive parts business at 1820 West Jefferson Street
6-20-77   8087-C   Waiver permitting automobile parking on a 150-foot parcel of land on Roosevelt Street, abutting 1643 Cleveland Road
7-5-77   8097-C   Waiver of front yard setback at 2073 Cleveland Road, permitting an addition and parking spaces
8-8-77   8111-C   Waiver of automobile parking space requirements of a multifamily development on Milan Road
8-22-77   8116-C   Waiver as to frontage, area and yard requirements for lot 34 on Decatur Street
10-31-77   8143-C   Waiver at 132 and 134 McDonough Street for a fence
3-6-78   8202-C   Waiver permitting construction of high-rise apartment for low-income housing on property located at northwest corner of Market and Franklin Streets
4-24-78   8212-C   Waiver permitting division of lot 44 Hayes Avenue into 2 parts, one part being attached to lot 46 Hayes Avenue
5-8-78   8215-C   Waiver permitting construction of multifamily dwelling on lots 7, 8, and 9 Baltimore Street
9-5-78   8268-C   Waiver permitting construction of two-car garage at northwest corner of Ogontz St. and Fourth St.
12-11-78   8308-C   Waiver permitting Sandusky Foundry and Machine Co. to store materials on part of Lots 1 and 2 Shalby St. and part of Lots 1 and 3 McDonough St.
12-26-78   8310-C   Waiver permitting carryout sale of alcoholic beverages at 627 Tiffin Ave.
1-15-79   8320-C   Waiver permitting automobile salvage and storage business at 2808 Venice Rd.
1-22-79   8323-C   Waiver of area, yard, and height regulations at 502 Huron Ave., permitting remodeling, parking area, and overhang.
2-5-79   8327-C   Waiver of front yard setback at 349 Tiffin Ave., permitting 6 parking spaces.
2-26-79   8341-C   Waiver permitting carryout sale of alcoholic beverages at 1005 Camp St.
5-27-80   80-037   Waiver permitting the occupancy of the structure at 333 E. Washington St. as a three-unit dwelling.
6-16-80   80-042   Waiver permitting construction of 14 studio apartments at 2309 Milan Rd.
10-6-80   80-075   Waiver permitting subdivision of a parcel at 329-335 E. Adams Street.
12-8-80   80-100   Waiver of area lot coverage requirements permitting the expansion of St. Mary's school facilities.
6-22-81   81-050   Waiver permitting the installation of a security fence on the site of the Erie County Detention Home on Tiffin Avenue.
7-27-81   81-066   Waiver permitting the operation of a beauty parlor at 1429 Farwell Street.
8-24-81   81-076   Repeal of Ord. 8073-C relating to the operation of a used automobile parts business as a waiver of the zoning code.
1-4-82   82-003   Waiving provisions of Zoning Code to permit replacement of a billboard sign at Mantey Vineyards, Bardshar Rd.
3-22-82   82-013   Waiving provisions of Zoning Code and Map to permit occupancy of structure at 334 E. Washington St. for limited professional offices.
3-29-82   82-015   Waiving provisions of Zoning Code and Map to permit development/operation of Stage I, Phase III of Bayshore Estates (under Ord. 6519-C).
12-6-82   82-095   Waives Zoning Code provisions and allows for erection of sign at 919 W. Washington St.

1141.01 DEFINITIONS.

   For purposes of this chapter, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
(a)   "Adult Arcade" means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas. "
(b)   "Adult Bookstore," Adult Novelty Store" or "Adult Video Store" means a commercial establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of offering for sale or rental for any form of consideration any one or more of the following:
(1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(2)   Instruments, devices, or paraphernalia, which are designed for, use in connection with "specified sexual activities."
(c)   "Adult Cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1)   Persons who appear in a state of nudity; or
(2)   Live performances which are characterized by the exposure of "specified sexual activities"; or
(3)   Film, 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."
(d)   "Adult Motel" means a hotel, motel or similar commercial establishment which:
(1)   Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmission, 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 adult-type of photographic reproductions; or
(2)   Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3)   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(e)   "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(f)   "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(g)   "Employee" means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(h)   "Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(i)   "Escort Agency" means a person or business association which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(j)   "Nude Motel Studio" means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(k)   "Nudity" or a "State of Nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
(l)   "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(m)    "Semi-Nude" or in a "Semi-Nude Condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
(n)   "Sexual Encounter Center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(o)   "Sexually Oriented Business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, adult entertainment out-call service in the form of nude dancing or exhibition, or any combination of such businesses.
(p)   "Specified Anatomical Areas" means:
(1)   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2)   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(q)   “Specified criminal activity” means any unlawful, lewd, indecent, or immoral criminal conduct.
(r)   "Specified Sexual Activities" means and includes any of the following:
(1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3)   Masturbation, actual or simulated; or
(4)   Excretory functions as part of or in connection with any of the activities set forth in subsections (r)(1) through (3) hereof.
         (Ord. 00-165. Passed 4-24-00.)

1141.02 CLASSIFICATION.

   Sexually oriented businesses are classified as follows:
(a)   Adult arcades;
(b)   Adult bookstores, adult novelty stores, or adult video stores;
(c)   Adult cabarets;
(d)   Adult motels;
(e)   Adult motion picture theaters;
(f)   Adult theaters;
(g)   Escort agencies;
(h)   Nude or semi-nude model studios;
(i)   Sexual encounter establishments or centers;
(j)   Adult entertainment out-call service in the form of semi-nude dancing or exhibition; and
(k)   Any combination of the classifications set forth in subsections (a) through (j) hereof.
      (Ord. 00-165. Passed 4-24-00.)

1141.03 LICENSE REQUIRED.

   (a)   It is unlawful:
(1)   For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this chapter.
(2)   For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this chapter.
(3)   For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
   (b)   An application for a license must be made on a form provided by the City.
   (c)   All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the City to determine whether the applicant meets the qualifications established in this chapter.
   (d)   If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following Section and each applicant shall be considered a licensee if a license is granted.
   (e)   The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(1)   If the applicant is:
A.   An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen years of age;
B.   A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
C.   A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(2)   If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state:
A.   The sexually oriented business's fictitious name, and
B.   Submit the required registration documents.
(3)   Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
(4)   Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5)   Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.
(6)   The single classification of license for which the applicant is filing.
(7)   The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8)   The applicant's mailing address and residential address.
(9)   A recent photograph of the applicant(s).
(10)   The applicant's driver's license number, Social Security number, and/or his/her state or federally issued tax identification number.
(11)   A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(12)   A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented business within 1000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within 1000 feet of the property to be certified. For purposed of this section, a use shall be considered existing or established if it is in existence at the time of the application submitted.
(13)   If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall comply with the following application requirements:
A.   All requirements set forth in subsection (e)(11) hereof;
B.   The City may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared;
C.   The application shall be sworn to be true and correct by the applicant.
   (f)   Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the City the following information:
(1)   The applicant's name or any other name (including "stage" names) or aliases used by the individual;
(2)   Age, date, and place of birth;
(3)   Height, weight, hair and eye color;
(4)   Present residence address and telephone number;
(5)   Present business address and telephone number;
(6)   Date, issuing state and number of driver's permit or other identification card information;
(7)   Social Security number; and
(8)   Proof that the individual is at least eighteen (18) years of age.
   (g)   Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:
(1)   A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
(2)   A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country or has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.
(3)   A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
         (Ord. 00-165. Passed 4-24-00.)

1141.04 ISSUANCE OF LICENSE.

   (a)   Upon the filing of said application for a sexually oriented business employee license, the City shall issue a temporary license to said applicant. The application shall then be referred to the appropriate City departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the City shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1)   The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2)   The applicant is under the age of eighteen (18) years;
(3)   The applicant has been convicted of a "specified criminal activity" as defined in this chapter;
(4)   The sexually oriented business employee license is to be used for employment in a business prohibited by local or state laws, statute, rule or regulation, or prohibited by a particular provision of this chapter; or
(5)   The applicant has had a sexually oriented business employee license revoked by the City within two (2) years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in Section 1141.09.
     (b)   A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in Section 1141.05.
   (c)   Within 30 days after receipt of a completed sexually oriented business application, the City shall approve or deny the issuance of a license to an applicant. The City shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence
that one or more of the following findings is true:
(1)   An applicant is under eighteen (18) years of age.
(2)   An applicant or a person with whom applicant is residing is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.
(3)   An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4)   An applicant or a person with whom the applicant is residing has been denied a license by the City to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
(5)   An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.
(6)   The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department, and the Building Official as being in compliance with applicable laws and ordinances.
(7)   The license fee required by this chapter has not been paid.
(8)   An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
   (d)   The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to Section 1141.02. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
   (e)   The Health Department, Fire Department, and the Building Official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the City.
   (f)   A sexually oriented business license shall issue for only one classification as found in Section 1141.02.
(Ord. 00-165. Passed 4-24-00.)

1141.05 FEES.

   (a)   Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a $500.00 non-refundable application and investigation fee.
   (b)   In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the City an annual non- refundable license fee of two hundred and fifty dollars ($250.00) within thirty (30) days of license issuance or renewal.
   (c)   Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual $150.00 non-refundable application, investigation and license fee.
   (d)   All license applications and fees shall be submitted to the Department of Community Development of the City.
(Ord. 00-165. Passed 4-24-00.)

1141.06 INSPECTION .

   (a)   An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Zoning Department, or other City departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
   (b)   A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.
(Ord. 00-165. Passed 4-24-00.)

1141.07 EXPIRATION OF LICENSE.

   (a)   Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 1141.03. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
   (b)   When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.
(Ord. 00-165. Passed 4-24-00.)

1141.08 SUSPENSION.

   The City shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:
(a)   Violated or is not in compliance with any section of this chapter;
(b)   Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
      (Ord. 00-165. Passed 4-24-00.)

1141.09 REVOCATION.

   (a)   The City shall revoke a license if a cause of suspension in Section 1141.08 occurs and the license has been suspended within the preceding twelve (12) months.
   (b)   The City shall revoke a license if it determines that:
(1)   A licensee gave false or misleading information in the material submitted during the application process;
(2)   A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3)   A licensee has knowingly allowed prostitution on the premises;
(4)   A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5)   Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or
(6)   A licensee is delinquent in payment to the City, County, or State for any taxes or fees past due.
   (c)   When the City revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a sexually oriented business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
   (d)   After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
(Ord. 00-165. Passed 4-24-00.)

1141.10 TRANSFER OF LICENSE.

   A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. 00-165. Passed 4-24-00.)

1141.11 LOCATION OF SEXUALLY ORIENTED BUSINESSES.

   (a)   A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than light manufacturing or general manufacturing, as defined and described in Chapter 1139.
   (b)   The establishment and/or operation of a sexually oriented business is strictly prohibited in the Central Business District as defined in Section 1149.04(f) and in any zoning district except light manufacturing or general manufacturing as indicated in subsection (a) hereof. A person commits a misdemeanor if the person attempts or operates or causes to be operated a sexually oriented business within a 750 foot radius of:
(1)   A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2)   A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergarten, elementary schools, private schools, intermediate school, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; “school” includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3)   A boundary of a residential district as defined in the Zoning Ordinance;
(4)   A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City Park and Recreation authorities;
(5)   The property line of a lot devoted to a residential use as defined in the Zoning Ordinance;
(6)   An entertainment business which is oriented primarily towards children or family entertainment; or
(7)   A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State.
(8)   Late night businesses such as a laundromat, movie theater, bars or taverns.
   (c)   A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1000 feet of another sexually oriented business.
   (d)   A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
   (e)   For the purpose of subsection (b) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (b) hereof. Presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
   (f)   For purposes of subsection (c) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
   (g)   Any sexually oriented business lawfully operating on September 13, 1999, that is in violation of subsections (a) through (f) hereof shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless sooner terminated for any reason or voluntarily discontinued for a period of one (1) year or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is/are nonconforming.
(Ord. 00-165. Passed 4-24-00.)

1141.12 ADDITIONAL REGULATIONS FOR ADULT MOTELS.

   (a)    Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
   (b)   A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented license, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.
   (c)   For purposes of subsection (b) hereof, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
(Ord. 00-165. Passed 4-24-00.)

1141.13 DEPOSIT AND USE OF FEES.

   All fees collected by the City of Sandusky for permits and licenses under the regulations shall be deposited in the General Fund to be first applied to the cost of administering and enforcing these regulations.
(Ord. 00-165. Passed 4-24-00.)

1141.99 PENALTY.

   A violation of any portion of this chapter shall be a misdemeanor of the first degree.
(Ord. 00-165. Passed 4-24-00.)

1143.01 PURPOSE.

   The purpose of this chapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures. It is intended to protect property values, create a more visually attractive economic and business climate, enhance and protect the physical appearance of the community, and to provide an environment for the proper functioning of public facilities in relation to the Comprehensive Plan.
(Ord. 03-112. Passed 7-14-03.)

1143.02 DEFINITIONS.

   Abandoned Sign. Defined and regulated in the Sandusky Building Code Section 1365.03.
   Air Activated Device: Any pennant, streamers, balloon, blimp, or “pinwheel / whirly-gig” including displays which are inducted with forced air from a fan or other source, or movement caused by ambient or compressed air.
   Animated Sign. A sign employing actual motion or the illusion of motion, or flashing.
   Awning Sign. A sign displayed on or attached flat against the surface or surfaces of an awning.
   Banner. A flexible substrate on which copy or graphics may be displayed.
   Billboard. A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale of or lease of, the property on which it is displayed.
   Building or Structure Murals. Any decorative pictorial that is painted on a wall surface of a building or structure.
   Cabinet Sign. A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.
   Changeable Sign. A sign with the capability of content change by means of manual input.
   Development Complex Sign. A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord.
   Development Sign. A sign indicating such things as the names of the architects, engineers, landscape architects, contractors and similar individuals or firms having a role or interest with respect to the development, structure or project.
   Directional Sign. Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
   Double-Faced Sign. A sign with two faces, back to back, or with 2 faces, which cannot be viewed from one point simultaneously.
   Downtown Design Review District: Boundaries: Sandusky Bay on the north; Hancock Street on the east; Washington Street on the south; and Decatur Street on the west. All properties within such boundaries and all properties fronting on the opposite side of Washington, Hancock and Decatur Streets are subject to the regulations of this district.
   Electronic Message Sign or Center. An electrically activated changeable sign whose variable message capability can be electronically programmed.
   FreeStanding Sign. A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
   Illuminated Sign. A sign characterized by the use of artificial light, either projecting through its surface(s) or reflecting off its surface(s).
   Marquee. A multi-sided or rounded overhead structure or architectural projection supported by attachments to a building. Text may be mounted on the structure.
   Mass Factor. A multiplication factor to be multiplied by the building frontage, to equal allowable square footage for signage.
   Monument Sign: A freestanding sign which is less than 8½ feet above grade at the highest horizontal member.
   Multiple-Faced Sign. A sign containing three or more faces.
   Political Sign. A temporary sign intended to advance a political statement, cause or candidate for office.
   Portable Sign. Any sign not permanently attached to the ground or to a building or building surface but usually anchored or secured to a trailer, vehicle (where primary purpose is to advertise) or frame capable of being moved from place to place and constructed to weather the elements.
   Projecting Sign. A sign, other than a wall sign, that is attached to or projects more than 12 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
   Pylon Sign. A freestanding sign where the lowest horizontal member is more than 8½ feet above grade.
   Real Estate Sign. A sign advertising the sale, lease or rental of the property or premises upon which it is located.
   Roof Sign. A sign erected upon or above a roof or parapet of a building or structure.
   Sign. Any writing, pictorial representation, illustration, emblem, symbol, design, or other figure or similar character that is a structure or a part thereof, or is attached to or in any manner represented on a building, vehicle, or other structure, and is visible from any public right-of-way or any other lot or parcel, and is used for purposes of advertisement, announcement, declaration, demonstration, identification or expression.
   Sign Area/Face. The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. For double or multiple faced signs, the area shall be the largest area visible at any one time.
•   In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
•   In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
•   In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
•   In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
   Sign Structure: Any structure supporting a sign.
   Temporary Sign. Any sign, banner, flag, pennant, or other display of cloth, canvas, wallboard, board, plastic or other such material, designed to be displayed for a limited period of time and not constructed to weather the elements.
   Vehicular Sign. Any sign attached, painted or applied to a vehicle of any type, which is strategically located to primarily identify, advertise or promote a business. This definition excludes ordinary work vehicles with the name or logo of the business displayed.
   Wall Sign. A sign that is in any manner affixed to any exterior wall of a building or structure that projects not more than 12 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building façade or to the face or faces of the architectural projection to which it is affixed.
   Window Sign. A sign affixed to the surface of a window either internally or externally or located internally within 24” of a window surface.
(Ord. 03-112. Passed 7-14-03.)

1143.03 GENERAL PROVISIONS.

   (a)   Conformance to Codes. Any sign hereafter erected shall conform to the provisions of this chapter and the provisions of the Sandusky Building Code. Nothing in this chapter shall supercede the rules and regulations of the Ohio Building Code, whereby the requirements would be less restrictive than the Ohio Building Code.
   (b)   Signs Located in Rights-of-Way. No sign other than an official traffic or similar sign shall be erected within or overhang a City right-of-way unless specifically authorized by the City Engineer or as described below.
   Projections over public walkways. Signs projecting over public walkways shall be permitted to do so only when a building structure abuts a public way, and the sign will not directly hamper a motorist line of sight or the flow of traffic, subject to a minimum height of 8½ feet from grade level to the bottom of the sign, and shall not project more than six (6) feet over the public walkway.
   (c)   Computation of Frontage.
      (1)   Wall signage: If a premises contains building walls facing more than one public right-of-way, the sign area(s) for each building wall shall be computed separately for each building wall. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall.
      (2)   Freestanding signage: If a premises contains building walls facing more than one public right-of-way, the sign area for a freestanding sign shall be based off the calculation of the average of the frontage of the building walls facing the right-of-way. Where two freestanding signs are permitted, each may have a maximum area as calculated by the applicable mass factor.
      (3)   The amount of allowable signage shall be determined by multiplying the applicable mass factor by the building frontage.
   (d)   Point of Reference for Measuring Required Setbacks. All setbacks shall be measured from the portion of the sign that is closest to the property line.
   (e)   Maintenance, Repair, Abandonment and Removal. Shall be regulated by the Sandusky Building Code Chapter 1365.
(Ord. 03-112. Passed 7-14-03.)
   (f)   Nonconforming Signs. A sign legally existing at the time of the passage of this chapter that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, may be allowed to remain and may be maintained and its structural parts and sign face repaired and replaced.
(Ord. 04-207. Passed 12-27-04.)
   (g)   Illumination: All permanent signs in non-residential zoning districts may be illuminated. If signs are illuminated, their light sources shall not be of excessive brightness, or cause a glare hazardous to pedestrians or auto drivers or objectionable in an adjacent residential district. (Ord. 03-112. Passed 7-14-03.)

1143.04 DOWNTOWN DESIGN REVIEW.

   All new signs and sign faces shall conform and be subject to Chapter 1359 of the City of Sandusky Codified Ordinances.
(Ord. 03-112. Passed 7-14-03.)

1143.05 EXEMPT SIGNS.

   The following signs shall be exempt from the provisions of this chapter.
   (a)   Directional, warning or information signs authorized by federal, state or municipal governments.
   (b)   Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.
   (c)   The flag of a government, or noncommercial institution, such as a school.
   (d)   Religious symbols and seasonal decorations within the appropriate public holiday season.
   (e)   Street address signs and combination nameplate and street address signs, which do not exceed 3 square feet.
   (f)   Public banners approved by the City.
   (g)   Private traffic and on-site directional signs.
   (h)   ATM’s limited to 8 square feet in area.
   (i)   Signs which are an integral part of the historic character of a structure as determined by an agency or body of the governments of the United States, State of Ohio, Erie County or City of Sandusky.
      (Ord. 03-112. Passed 7-14-03.)

1143.06 PROHIBITED SIGNS.

   (a)   Vehicular signs.
   (b)   Search lights, laser lights.
   (c)   Flashing lights, projected images or animated signs unless with a conditional use permit.
   (d)   Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic.
   (e)   Signs encroaching upon or overhanging a public right-of-way unless specifically authorized by the City Engineer.
   (f)   Signs attached to utility poles, light poles, street trees or other public facility located within the public right-of-way.
   (g)   Air activated devices, i.e. balloons, streamers, pinwheels, etc. unless granted zoning clearance as temporarily displayed (no more than 60 days) in a one (1) year period.
   (h)   Wall signs located above the ground floor, unless a conditional use permit is granted. (Ord. 03-112. Passed 7-14-03.)

1143.07 ZONING CLEARANCE, ZONING PERMIT, AND BUILDING PERMIT REQUIRED.

   (a)   Unless specifically exempted, zoning clearance shall be obtained from the Division of Planning for all signs exceeding nine (9) square feet in total area, before they are erected or altered. Zoning clearance is necessary to verify that the sign meets all zoning requirements prior to the issuance of a Building Permit.
   (b)   When applying for zoning clearance, the following must be submitted.
      (1)   A dimensioned site plan showing the location and size of proposed sign(s) and on-site buildings or other structures.
      (2)   For free-standing signs, scaled elevation drawings shall be required.
      (3)   Temporary and Air Activated Devices. Before zoning clearance can be granted for the items mentioned, a rough drawn site plan and a set duration for the signs, not to exceed sixty (60) days in a one (1) year period, (start date and ending date) must be presented to zoning along with application for permit.
   (c)   A Zoning Permit shall be required for all portable signs regardless of size. The fee for the permit shall be in accordance with the schedule of fees maintained in the Department of Community Development.
   (d)   Upon receipt of a complete and accurate application for zoning clearance or Zoning Permit, the Division of Planning shall grant or deny zoning clearance or permit within ten (10) working days after the day the application is submitted.
   (e)   Failure of the Division of Planning to issue a permit or give reason for denial within the required ten (10) working days shall be construed to be an issuance of zoning clearance or permit.
   (f)   All appeals to this chapter shall be heard by the Board of Zoning Appeals.
   (g)   Building Permits shall be required for signs as determined by the Sandusky Division of Building.
   (h)   Changes to Signs. No sign shall be structurally altered, enlarged or relocated except in conformance with the provisions of this chapter, nor until zoning clearance and a proper permit, if required, has been secured.
   (i)   Permit Fees. There shall be no fee for zoning clearance approval. Zoning Permit Fees and Building Permit fees shall be in accordance with the fee schedule kept on record with the respective department.
   (j)   Revoking Zoning Clearance or Permit. The Director of Community Development may revoke zoning clearance or a Zoning Permit where there has been a violation of the provisions of this chapter.
(Ord. 03-112. Passed 7-14-03.)

1143.08 ALLOWABLE SIGNAGE.

   (a)   Public Facilities Districts.
      (1)   For any permitted use in a public facilities district, with the exception of hospitals or health clinics, forty (40) square feet of signage shall be permitted.
         A.   Any freestanding sign permitted for the above shall not exceed eight and one half (8½) feet in overall height (monument style).
      (2)   For hospitals or health clinics, signage shall be determined based upon the development due to the necessity for increased signage to facilitate persons in emergency situations.
   (b)   Residential Districts.
      (1)   One (1) subdivision development sign per entrance to subdivision. Sign can be located at the entrance to subdivision only, and cannot exceed thirty-two square feet.
      (2)   A single-family residential subdivision or multiple-family residential complex may be permitted one monument sign per entrance not to exceed thirty-two square feet per sign.
      (3)   Any freestanding sign permitted in a residential zoning district shall not exceed eight and one half feet in over all height (monument style).
      (4)   Signage, other than the above mentioned, exceeding nine (9) square feet shall require a conditional use permit.
   (c)   Business and Commercial Districts.
      (1)   Wall signage per building wall facing a public right-of-way based on the following chart:
 
Speed limit on street
Mass factor
25 mph
1.00
35 mph, single lane
1.65
35 mph, multi lane or
45 mph single lane
1.75
45 mph, multi lane or
single lane greater than
45 mph
2.00
Downtown Design Review District
1.00
For shopping centers, planned industrial parks or other multiple occupancy nonresidential buildings, the building face or wall shall be calculated separately for each separate occupancy to determine the allowed signage.
      (2)   One (1) freestanding or projecting sign to be determined based on the following chart:
 
Speed limit on street
Mass factor
25 mph
1.00
35 mph, single lane
1.25
35 mph, multi lane or
45 mph single lane
1.25
45 mph, multi lane or
single lane greater than
45 mph
1.56
Downtown Design Review District
.25
 
         A.   For shopping centers, planned industrial parks or other multiple occupancy nonresidential buildings, or multiple building structures, to calculate the allowable size of a freestanding sign, the mass factor shall be multiplied by the aggregate building frontage.
         B.   No freestanding sign shall exceed 215 square feet on a single side per sign, in a business or commercial district.
         C.   Regardless of the number of businesses or structures on a single parcel, one freestanding sign shall be permitted if the lot frontage is less than 500 feet. If the lot frontage is 500 feet or more, two freestanding signs shall be permitted provided the signs are at least 250 feet apart.
   (c)   Manufacturing Districts.
      (1)   Wall signage per building wall facing a public right-of-way based on the following chart:
 
Speed limit on street
Mass factor
25 mph
1.00
35 mph, single lane
1.25
35 mph, multi lane or
45 mph single lane
1.50
45 mph, multi lane or
single lane greater than
45 mph
1.75
Downtown Design Review District
1.00
 
For shopping centers, planned industrial parks or other multiple occupancy nonresidential buildings, the building face or wall shall be calculated separately for each separate occupancy to determine the allowed signage.
      (2)   One (1) freestanding or projecting sign to be determined based on the following chart:
 
Speed limit on street
Mass factor
25 mph
.80
35 mph, single lane
1.00
35 mph, multi lane or
45 mph single lane
1.00
45 mph, multi lane or
single lane greater than
45 mph
1.25
Downtown Design Review District
.25
 
         A.   For shopping centers, planned industrial parks or other multiple occupancy nonresidential buildings, or multiple building structures, to calculate the allowable size of a freestanding sign, the mass factor shall be multiplied by the aggregate building frontage.
         B.   No freestanding sign shall exceed 180 square feet on a single side per sign, in a manufacturing district.
         C.   Regardless of the number of businesses or structures on a single parcel, one freestanding sign shall be permitted if the lot frontage is less than 500 feet. If the lot frontage is 500 feet or more, two freestanding signs shall be permitted provided the signs are at least 250 feet apart.
      (3)   Signs shall not be permitted within fifty (50) feet of a residential district.
         (Ord. 03-112. Passed 7-14-03.)

1143.09 SPECIFIC SIGN REQUIREMENTS.

   (a)    Awning Signs, Canopy Signs, Marquee Signs.
      (1)   The copy area of these signs shall not exceed an area equal to 25 percent of the background area of the surface to which the sign is affixed to or applied, or the permitted area for wall, whichever is less.
      (2)   Neither the background color, nor any graphic treatment or embellishment such as striping, patterns or color bands shall be included in the computation of sign copy area.
      (3)   These signs shall be assessed against the sign area permitted for other sign types.
   (b)   Billboards.
      (1)   Billboards are permitted in Manufacturing Districts with a conditional use permit. All new billboards must meet the following criteria:
      (2)   If the billboard is illuminated, its light source shall not be of excessive brightness, or cause a glare hazardous to pedestrians or automobile drivers or objectionable in an adjacent residential district. Flashing, moving, or intermittent illumination shall be prohibited.
      (3)   No more than one billboard shall be located per lot.
      (4)   Billboards utilizing rotating panels, in order to display various sign faces, shall conform to the following:
         A.   No more than three sign faces shall be installed.
         B.   Not more than one side of the panel shall show within a ten second time frame.
      (5)   Landscaping shall be required and a plan shall be submitted and approved by the Planning Commission.
      (6)   There shall be a thirty-foot minimum setback from the front property line.
      (7)   There shall be a minimum thirty-foot side yard setback.
      (8)   The maximum square footage of a billboard face, visible at one time, shall not exceed three hundred square feet.
      (9)   There shall be a minimum setback of 200 feet from a park, playground, public building or residence.
   (c)   Development and Construction Signs. Development and construction signs shall not require zoning clearance or a building permit. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, and engineers shall be permitted in all zoning districts subject to the following restrictions:
      (1)   On a residential lot, development and construction signs shall not exceed six square feet in total area and shall be located not less than five feet from any front or side lot line.
      (2)   For an undeveloped subdivision, there may be one sign per entrance to the subdivision and each sign shall be no greater than thirty-two square feet and located not less than ten feet from any front or side lot line.
      (3)   For business, commercial or manufacturing lots, there may be no more than one sign per street front not to exceed sixty-four square feet and located not less than ten feet from any front or side lot line.
      (4)   Development and construction signs must be removed within two weeks following completion of the construction or conform to the permanent sign regulations for the district in which they are located.
   (d)   Monument Signs.
      (1)   May be located within the required front yard but not closer than fifteen feet or one-half the required front yard setback, whichever is greater.
      (2)   Shall not be located within ten feet from a building on an adjacent lot and not less than thirty feet from another sign.
      (3)   Shall not be more than eight and one-half feet above grade.
      (4)   Shall not interfere with the line of sight for any vehicle.
   (e)   Political Signs. Political signs shall be permitted in all zoning districts and shall not require zoning clearance or permit and be subject to the following limitations:
      (1)   The political sign, poster or like device shall legibly bear the name of the party responsible for placement of the sign and shall not exceed thirty-two square feet per side, with no single dimension greater than eight feet; except the above restrictions shall not apply to political advertisements using billboards located in conformity with applicable provisions of the Zoning Code.
      (2)   Only one double-sided political sign per individual candidate or individual issue shall be placed per site (ground level street address) except as to corner lots, two such signs per individual candidate or individual issue may be placed at a site so as to front on each intersecting street.
      (3)   The owner or person in control of the property upon which the political sign, poster or like device is displayed, shall consent to the placement of same.
      (4)   No political sign, poster or like device shall be erected on, in or infringe in any way into the right-of-way of any street, road or other public way, nor be attached to any utility facility located within such right-of-way.
      (5)   No political sign, poster or like device shall be erected near the intersection of any street, road, alley, other public way or private drive in such a manner as to be hazardous to the vision of pedestrians or drivers of vehicles.
      (6)   The provisions of this section shall not operate to restrict the placement of political signs at polling places on an election day contrary to applicable State and Federal laws.
      (7)   Political signs shall be removed or replaced within forty-five (45) days from initial erection.
   (f)   Portable Signs.
      (1)   A zoning permit is required for all portable signs.
      (2)   No portable sign shall flash, be animated, rotate, or have the appearance of moving.
      (3)   All wiring that serves and is part of a portable sign shall be inspected and shall meet the provisions of the City Electrical Code.
      (4)   Portable signs shall not be permitted in residential districts.
      (5)   The maximum allowable size for a portable sign shall be thirty-two (32) square feet.
      (6)   A property shall have no more than one portable sign erected for no more than four months cumulative in any one year.
   (g)   Pylon Signs.
      (1)   Shall not be located closer than fifteen feet to any right-of-way.
      (2)   Shall have a minimum clearance of 8½ feet above grade.
      (3)   Shall not be over thirty (30) feet in height.
   (h)   Real Estate Signs.
      (1)   Temporary real estate signs shall not require zoning clearance or a permit. Real estate signs shall be permitted in all zoning districts. Real estate signs shall be removed immediately following the sale or lease of the property. Real estate signs six (6) square feet or less shall meet the following regulations:       
Shall be limited to one sign per street frontage and shall be located not less than five feet from any front or side lot line or closer than the building line, whichever is the lesser.
      (2)   Real estate signs exceeding six (6) square feet shall meet the following regulations:
         A.   Located within an undeveloped subdivision – shall be limited to one sign per entrance to the subdivision, and each sign shall be no greater than sixty-four (64) square feet and not located less than ten (10) feet from any front or side lot line. All signs shall be removed within ten days after the sale of the last original lot.
         B.   For non-residential properties, one sign is permitted limited to a maximum of thirty-two square feet.
         C.   Off-premises real estate signs are prohibited except the use of “Open House” signs displayed for not more than a 48-hour period, and which do not directly hamper a motorist line of sight or the flow of traffic.
   (i)   Roof Signs. Roof signs shall only be permitted with a Conditional Use Permit. The Planning Commission shall take into consideration the necessity of the roof sign in evaluating the application.
   (j)   Temporary signs shall require zoning clearance and be subject to the following regulations, unless otherwise specifically exempted elsewhere in this chapter:
      (1)   No temporary sign shall exceed four feet in any one of its dimensions unless it’s a banner, in which case it can’t exceed eight feet in any one dimension.
      (2)   Limit of one sign per street frontage.
      (3)   Such signs may be displayed for not more than 60 days in any calendar year.
      
   (k)   Wall Signs.
      (1)   Wall signs may not project more than 12” from the building, or wall, and must be installed parallel to the structure it is attached to.
      (2)   The allowable square footage for a wall sign shall be figured separately for each building wall.
      (3)   A wall sign pertaining to a legal non-conforming use shall be permitted, provided the area of such sign does not exceed twelve (12) square feet.
   (l)   Window Signs. Window signs shall not require zoning clearance or a building permit. Window signs shall be permitted in any district subject to the following limitations:
      (1)   Any sign, graphic or neon located within 24” of a window surface will be considered a window sign.
      (2)   The aggregate area of all such signs shall not exceed twenty-five percent of the window area on which such signs are displayed.
      (3)   Window signs shall not be assessed against the sign area permitted for other sign types.
         (Ord. 03-112. Passed 7-14-03.)

1143.10 FAILURE TO COMPLY.

   Failure of an owner to comply with the provisions listed above shall be cause for the inspecting official to order the Building Permit or zoning clearance issued for the sign void, and either the Building Official or Director of Community Development may order the sign to be removed and fines issued to property owners when citations have been issued by the Building Department.
(Ord. 03-112. Passed 7-14-03.)

1145.01 BUILDINGS PERMITTED ON ZONING LOT.

   (a)   There shall not be more than 1 one-family or 1 two-family dwelling located on a zoning lot; however, there may be more than one row house or apartment building on a zoning lot. No dwelling shall be erected to the rear of any building on the same lot, except in RMF or RRB Districts.
   (b)   In addition, there may be one or more accessory buildings on the same zoning lot with a main building in any residential district, provided the accessory building is constructed subsequent to the main building.
(1980 Code 151.22)

1145.02 REQUIRED LOT AREA TO BE MAINTAINED.

   (a)   A lot or parcel of land may be divided into 2 or more zoning lots, provided, all lots resulting from the division shall conform to all lot area and width regulations of the district in which it is located. A lot of record (land designated as a separate parcel on a plat, map, or deed in the records of Erie County, Ohio), whether vacant or occupied by a building, which was owned separately from adjoining lots on the effective date of the Zoning Code, and which has an area or width equal to or less than required by these regulations, shall not be further reduced in any manner, except by its entire conveyance to an adjacent owner. The required lot area which is provided for a dwelling or other use shall not be considered as providing the required lot area for another dwelling or use.
   (b)   If 2 or more lots, or combinations of a lot and a portion of a lot or lots, in single ownership, are of record at the time of passage or amendment of Chapter 1129 and this chapter, and do not meet the requirements for lot width and area as established by Chapter 1129 and this chapter, except when considered as a unit, the land involved shall be considered to be an undivided parcel or unit for the purposes of Chapter 1129 and this chapter, and no portion of the parcel shall be used or transferred which does not meet lot width and area requirements established by Chapter 1129 and this chapter, nor shall any division of the parcel be made which leaves remaining any lot or parcel of land with width or area below the requirements stated in Chapter 1129 and this chapter. Provided, however, that a portion of the parcel may be transferred to the owner of property abutting the parcel for the purpose of enlarging the property of the abutting owner. In such event, the portion of the parcel being transferred to the abutting property need not meet the lot width and area requirements established by Chapter 1129 and this chapter, but the portion of the parcel being retained must meet the minimum lot width and area requirements established by Chapter 1129 and this chapter.
(1980 Code 151.23)

1145.03 LOTS OF RECORD OF INSUFFICIENT SIZE.

   A lot of record, or a lot in a subdivision of which the preliminary plan has been approved, which does not comply with the area or width of lot regulations of the district in which it is located on the effective date of the Zoning Code, or any amendment thereto, making the lot nonconforming, may be used as follows:
(a)   If occupied by a building, the building may be maintained, repaired, modernized, or altered, provided, however, that the building may not be enlarged in floor area or converted to another use, unless the enlarged or converted areas comply with the yard regulations.
(b)   If vacant, the lot may be used as a site for a one-family dwelling, provided that all regulations of the Zoning Code, except the lot area and lot width regulations, shall be complied with.
      (1980 Code 151.24)

1145.04 LOTS ALONG THE WATERFRONT.

   Variations from the lot area, width, and yard requirements for the various districts may be permitted by the Planning Commission, provided the lot or subdivision is located upon, or in close proximity to, the waters of Lake Erie or Sandusky Bay, or their connecting and tributary waters, and provided the primary attraction of the subdivision is the proximity to these waters, but requirements as to lot areas or widths may not be decreased more than 25% from the regulations of the district in which the lot or subdivision is located.
(1980 Code 151.25)

1145.05 LOT AREA FOR GROUP DEVELOPMENTS.

   For computation of the number of dwelling units permitted on a parcel for a group development of multifamily dwellings, large recreational areas, unbuildable areas because of irregular topography, and areas that are dedicated or to be used for street purposes shall be excluded from the gross site area.
(1980 Code 151.26)

1145.06 DWELLING UNIT AREA REQUIREMENTS.

   In order to promote healthful living conditions, and to preserve the value and character of residential neighborhoods, dwellings shall be erected, altered, moved, maintained, modernized, or used only in accordance with the following standards:
(a)   Area of Dwelling Unit. The sum of the gross floor areas above the basement level, including those rooms and closets having a minimum ceiling height of 7 feet, and having the natural light and ventilation as required by the building code; rooms above the first floor may be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee-wall height of 4 feet if 2/3 of the room area has a minimum ceiling height of 7 feet. The area shall be measured from the interior face of the enclosure walls at the first floor line, and the interior face of the walls of those rooms which may be included under a pitched roof for one-family dwellings, and measured from the center line of party walls where applicable for two-family or multifamily dwellings. There shall be excluded all areas within garages and porches for all dwellings; utility and general storage rooms in basementless dwellings; and public halls, and utility and general storage rooms in multifamily dwellings.
(b)   Minimum Area. The minimum area of a dwelling unit, as defined in this section, shall be not less than set forth in the following schedule:
 
Dwelling
Type
District
Minimum Area
Per Dwelling
Unit (sq. ft.)
1-family
RS
R1-75
R1-60
900
1-family
R1-50
700
1-family
R1-40
575
1-family
2-family
R2F
550
450
1-family
2-family
Multifamily
 
RMF
550
450
400
 
(c)   Utility and General Storage Area. In addition to the above minimum area requirements, at least 100 square feet of utility and general storage space shall be provided in a room or rooms having a minimum 7 feet ceiling height, if similar space is not provided in a basement of each one-family dwelling, and at least 75 square feet of the space shall be provided for each two-family and multifamily dwelling unit.
      (1980 Code 151.27)

1145.07 REQUIRED YARDS TO BE MAINTAINED.

   The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a yard for any other existing building on the same or an adjacent lot. A yard shall not be reduced to less than the required dimensions for that district in which it is located by enlarging an existing building, and a yard of less than the required dimensions shall not be further reduced. Every required yard shall be open and unobstructed from the ground upward, except for accessory buildings as set forth in Section 1145.15, and permitted projections as set forth in Section 1145.16.
(1980 Code 151.28)

1145.08 FRONT YARDS OF PARTIALLY BUILT-UP BLOCKS.

   Where a building line has not been established, and where 50% or more of the aggregate street frontage between 2 successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of the Zoning Code, the average setback distance of conforming buildings located within 100 feet on either side of a given lot shall be the minimum front yard setback for that lot; provided, however, the depth of the front yard resulting therefrom shall be not less than one-half of the dimensions set forth in Sections 1129.13 and 1129.14.
(1980 Code 151.29)

1145.09 SIDE YARDS, INSUFFICIENT.

   Where side yards are narrower than required for the district in which the building and lot are located, and which was owned separately from all other tracts of land on the effective date of the Zoning Code, and is still so owned, the building may be maintained, repaired, modernized, or altered, but may not be enlarged in ground floor area unless the enlarged part complies with the yard regulations for residence districts.
(1980 Code 151.30)

1145.10 YARDS ON CORNER LOTS.

   The depth of the front yard on a corner lot shall be not less than the required setback from the front lot line as defined in Section 1107.01. The width of the side yard on the side street shall be not less than one-half of the depth of the front yard required from the adjoining lot which abuts on the side street; except, for lots of record, the side yard along the side street may be not less than one-fourth of the depth required for the adjoining front yards, unless shown otherwise on the Zone Map. The interior side yard shall be not less than the minimum width required for a single side yard of an interior lot.
(1980 Code 151.31)

1145.11 YARD REGULATIONS; UNIT DEVELOPMENT OF ONE- OR TWO-FAMILY DWELLINGS.

   (a)   Intent. In order to encourage greater attractiveness, flexibility, and fuller utilization of yard spaces, when a group of 3 or more contiguous one- or two-family dwellings is designed and developed as a unit, the following planned variations to the yard regulations may be permitted.
   (b)   Front Yard. The depth of front yards may be varied by increasing or decreasing the setback, provided the setback is decreased not more than 10 feet from the established building line, and the average depth of the front yards for the entire unit development is not less than the minimum depth required for front yards in the district in which they are located.
   (c)   Side Yards. The width of side yards may be varied by locating the "service" side of 2 dwellings (kitchens, garages, utility rooms) opposite each other on adjacent lots, providing the "living" sides (living, sleeping rooms) are located opposite each other on other adjacent lots. Then the total yard width for the 2 "service" side yards shall be not less than the total of 2 minimum side yards, and the width for the other 2 "living" side yards shall be not less than the total of the larger side yards; provided, however, the total width of the 2 side yards on each lot is not less than that required for the district.
   (d)   Approval. Development plans showing the location of buildings, yards, driveways, and other site improvements for the entire "unit development" shall be submitted to the Commission, and until approved by it, building permits shall not be issued.
(1980 Code 151.32)

1145.12 YARD REGULATIONS; MULTIFAMILY DWELLINGS.

   (a)   Intent. In order to encourage greater flexibility and more attractive arrangements of buildings, and greater utilization of open spaces, yard regulations for multifamily dwellings are established for "single development" (one M-F building on a lot), and yard regulations are established for locating several buildings in relation to each other within the interior of a lot of a "group development" (2 or more M-F buildings on a parcel), not subdivided into the usual street and lot pattern.
   (b)   Definitions. The following terms are used in this section since the terms "front," "side," and "rear elevations of buildings" are not appropriate.
(1)   "Main wall" means any exterior wall, generally the longitudinal, containing all required windows of one or more habitable rooms.
(2)   "End wall" means other exterior walls, generally the transverse, not containing all the required windows of a habitable room, but which may contain one such window.
(3)   "Overlapping walls" means that portion of the walls of 2 buildings which are directly opposing when 2 buildings, parallel, or within 30 degrees of parallel, face each other across an open space.
   (c)   Yard Regulations for Single Development.
(1)   Side yard width, from a side lot line to a main wall, shall be not less than 20 feet for a one-story building.
(2)   Side yard width, from a side lot line to an end wall, shall be not less than 10 feet for a one-story building.
(3)   Increased height. The width of side yards in each of the preceding relationships shall be increased 5 feet for each additional story height.
(4)   Front and rear yard depth shall be not less than set forth in the schedule in Section 1129.14.
   (d)   Yard Regulations for Group Development.
(1)   Main wall relationship. The yard, or distance between the main walls of buildings, if only one story high, facing each other across an open space or court, shall be not less than 40 feet, and where the walls overlap more than 40 feet, the distance shall be increased 4 inches for each additional foot opposing main walls overlap.
(2)   Main and end wall relationship. The yard, or distance between an end wall and a main wall of 2 buildings, if only one story high, facing each other across an open space, shall be not less than 30 feet.
(3)   End and end wall relationship. The yard, or distance between an end wall and an end wall of 2 buildings, if only one story high, facing each other across an open space, shall be not less than 20 feet.
(4)   Walls not overlapping. Where walls of 2 buildings, if only one story high, do not directly face each other or overlap, the yard, or distance between their nearest corners, shall be not less than 20 feet.
(5)   Increased story height. Distances between buildings in each of the preceding relationships shall be increased 2-1/2 feet for each story each of the buildings exceeds one story.
(6)   Lot lines and building relationship. The width of side yards at the boundary of a group development shall be not less than the required side yards for a single development, subsections (c)(1) and (2) hereof, and the depth of front and rear yards shall be not less than set forth in Section 1129.14.
(7)   Uses of yards. The above required yards shall be landscaped, and may be used for pedestrian walks and passive recreational areas. If, however, yards between buildings are used for parking areas, driveways, or playgrounds, distances between buildings shall be increased by the total width of these intermediary facilities. The site shall be designed so that entrances to all buildings shall be located not more than 200 feet from any access drive, the distance to be measured along a pedestrian walk.
   (e)   Approval. Development plans showing the locations of buildings, yards, driveways, parking areas, recreation areas, and other site improvements for "group developments" shall be submitted to the Commission, and until found to comply with the Zoning Code and approved by it, building permits shall not be issued.
(1980 Code 151.33)

1145.13 YARD REGULATIONS FOR IRREGULAR LOTS.

   The aforesaid yard regulations may be modified as determined by the Board of Appeals in accordance with standards set forth in Section 1111.09, in instances where the regulations cannot be complied with reasonably as a result of peculiar shape of lot or for topographical reasons. (1980 Code 151.34)

1145.14 YARDS FOR INSTITUTIONS.

   Front yards shall be provided for institutional buildings as permitted in certain residential districts in accordance with requirements set forth in Section 1129.14, or as set forth on the Zone Map; side and rear yards shall be provided in accordance with the requirements set forth in Section 1123.04. (1980 Code 151.35)

1145.15 YARDS FOR ACCESSORY BUILDINGS.

   (a)   Sheds permitted in a residential district shall not project into a front or side yard; shall be located not less than three feet from a rear or side lot line, except where abutting an alley and shall be located not less than fifteen feet from any dwelling on an adjacent lot.
   In addition to the above regulations, accessory buildings not classified as sheds must not cover more than thirty percent (30%) of the rear yard of a lot and shall be located no less than ten feet from the main structure.
   (b)   On a corner lot, an accessory building shall be set back from the side street line not less than required for the adjacent main building on the butt lot, plus an additional five feet.
(Ord. 05-158. Passed 11-14-05.)

1145.16 PROJECTIONS INTO YARDS.

   (a)   Intent. A projection is the part or feature of a building that extends outside of the enclosing surfaces into a yard. It is desirable that such features extend into yards in order to make the enclosed space more usable; however, it is intended that these projections into required yards shall be regulated so that they will not substantially interfere with an adjacent building's reception of sun, light, and air. Required front, side, or rear yards shall be open and unobstructed from the ground to the sky except for the following:
   (b)   Architectural Features. A belt course, balcony, bay window, cornice, gutter, chimney, or solid overhang may project not more than 3-1/2 feet into a required front yard, and not more than 2-1/2 feet into a required side yard, provided the projection is not less than 2 feet from any side lot line, and the minimum distance from the side lot line shall be increased 2 inches for each foot that the feature exceeds 10 feet in width.
   (c)   Entrance Features.
(1)   A platform landing, steps, terrace, or other features not extending above the first floor level of a building, may project not more than 8 feet into a required front yard, and not more than 3 feet into a required side yard, provided the projection is at least 2 feet from any side lot line.
(2)   A fire escape or enclosed stairway and landing leading to the second floor of a converted building may project 4 feet into a required side yard or rear yard, provided the projection is at least 3 feet from any side lot line, and provided it is approved by the Commission.
   
   (d)   Shelters.
(1)   An enclosed entry, not exceeding 10 feet in width or one story in height, may project not more than 5 feet into a required front yard. A roofed, but unenclosed, porch or entrance hood may project into a required front yard not more than 8 feet, and if not exceeding 6 feet in width, may project into a required side yard not more than 3 feet, provided the projection is at least 2 feet from any side lot line.
(2)   An enclosed porch, carport, and other similar structure or part thereof, shall not project into a required yard; except that an unenclosed porch lawfully in existence on January 1, 1957, may be enclosed, even though it does project into the required yard.   
   (e)   Shading Devices.
(1)   A metal or plastic awning which is not removed seasonally, may project into a required front or side yard, providing such projection is at least 2 feet from any side lot line.
(2)   A trellis, louvers, and similar horizontal, open, shading devices may project into a required front yard not more than 8 feet, and may project into a side yard provided the projection is at least 2 feet from any side lot line.
         (1980 Code 151.37)

1145.17 LANDSCAPE FEATURES AND YARD STRUCTURES.

   (a)   Intent. Landscape features, such as hedges, trees, shrubs, and yard structures, such as fences, trellises, walls, pools, and outdoor fireplaces, may be permitted in a required front, side, or rear yard as follows:
   (b)   Front Yards; Interior Lot. Hedges shall be permitted along a side lot line in the front yard to a height of not more than 4 feet above the contour of the ground.
   (c)   Front Yard; Corner Lot. Landscape features may be located within a triangle formed by lines drawn between points on the front lot line and the side lot line of a corner lot 25 feet from their intersection, providing the normal "sight lines" within a vertical height band of 2- 1/2 feet to 6 feet above curb level are not substantially obstructed.
   (d)   Side and Rear yards.
(1)   All landscape features and yard structures enumerated above are permitted in a rear yard. Tool sheds and other enclosed structures shall conform to the yard regulations for accessory buildings, set forth in Section 1145.15 . Fences, walls, or hedges may be permitted along the lines of a side yard to a height of not more than 4 feet above grade, and along the lines of a rear yard to a height of not more than 6 feet above grade, provided that any fence shall be of uniform design, painted, and otherwise well maintained.
      (2)   Outdoor pools as regulated and defined by the Sandusky Building Code shall not be located in a front yard and must be located a minimum of three feet from a side or rear lot line.
   (Ord. 05-137. Passed 9-12-05.)
   (e)   Driveways to a garage or parking area shall be permitted in any required yard that is not less than 10 feet wide and all new driveways shall be constructed of a paved surface.
(Ord. 02-096. Passed 4-22-02.)
   (f)   Other Structures. Floodlights, search lights, loudspeakers, or similar structures shall not be erected or used in a residential district in any manner that will cause hazards or annoyance to the public generally, or to the occupants of neighboring property. When used, exterior light fixtures shall be of a fully-shielded design, and shall employ warm toned (3000K or lower) white light sources, amber light sources, or filtered LED light sources.
(Ord. 24-161. Passed 8-26-24.)
   (g)   Fences and Walls.
(1)   Fences and walls may be permitted along the lines of a side yard to a height of not more than four feet above grade and along the lines of a rear yard to a height of not more than six feet above grade, provided that any fence shall be of uniform design, painted and otherwise well maintained. Fences located adjacent to alleys or public rights of way shall be approved by the Director of Planning.
(2)   No barbed wire, spike tips or electrically charged fences shall be permitted in any residential district except where required for public uses.
(3)   On all corner lots, fences and walls proposed for construction within any setback adjacent to a public street shall be submitted to the Director of Planning for approval.
(4)   Where adjacent property lines, due to the configuration of the lots, have different provisions regulating the construction of fencing or walls, the most restrictive provisions shall apply where the fence would interfere with visibility from a driveway.
(5)   Fences shall be permitted in the front yard only as a decorative feature or along a side lot line when adjoining a less restrictive use with approval of the Commission.
(6)   Permanent swimming pools over three feet in depth require a building permit and pool areas or yards shall be fenced to a height of not less than four feet according to the requirements of Section 1305.08 of the Building Code.
(7)   Notwithstanding subsection (g)(1) hereof, the regulations for fences in the Residential Business District may be altered with the approval of the Commission when these properties are developed for commercial or business purposes when in the opinion of the Commission, the fence will not adversely affect the adjacent properties.
      (8)   Fences shall require a zoning permit prior to erection.
         (Ord. 05-159. Passed 11-14-05.)

1145.18 STRUCTURES PERMITTED ABOVE HEIGHT LIMIT.

   Main or accessory buildings shall be erected, altered, moved, or maintained in accordance with the maximum height of a building as established in Section 1129.14, except that the following structures may be permitted above the aforesaid limitations:
(a)   Institutional Buildings. Only chimneys, church spires, cupolas, domes, towers, flag poles, penthouses, water tanks, radio or television antennas, monuments, and other permitted mechanical appurtenances located upon or constituted as an integral part of a main institutional building may be erected above the height limit specified.
(b)   Residential Buildings. Only chimneys, and radio or television antennas, located upon and constituted as an integral part of a main residential building, may be erected above the height limit specified, but are limited to a height not exceeding 75 feet above the finished grade.
      (1980 Code 151.39)
                                                            

1147.01 DEFINITIONS.

   "Manufactured home" means a factory-built structure that is manufactured or constructed under the authority of 42 United States Code Section 540 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site and which does not have permanently attached to its body or frame any wheels or axles. For the purpose of this Zoning Code, a "mobile home" is not considered to be a "manufactured home."
(1980 Code 151.40)

1147.02 DESIGN CRITERIA.

   Manufactured homes shall comply with the following minimum standards:
(a)   Exterior Siding. Exterior siding shall be made of nonreflective and nonmetallic materials unless approved by the City Engineer. Acceptable siding materials include: vinyl, wood, stucco, brick, stone or other masonry materials, or any combination of these materials or any material that the City Engineer deems to meet the intent of this Zoning Code.
(b)   Color/Texture. Color and texture of exterior materials shall be compatible with the adjacent single-family structures.
(c)   Roof Structure. Except for authorized deck areas, all roof structures shall be sloped and provide an eave projection of no less than six inches and no greater than thirty inches.
(d)   Roofing Material. All roofing material shall consist of one of the following categories: wood, shingle, wood shake, synthetic composite shingle, concrete tile or any other material that the City Engineer deems to meet the intent of this Zoning Code. Metallic roofing surfaces shall not be permitted on a residential structure or on any garage or carport unless approved by the City Engineer.
(e)   Minimum Floor Area. The minimum floor area for every dwelling located on a lot in an R Zoning District, which is not a part of a mobile home subdivision, shall be 800 square feet, excluding the area of the garage or carport.
(f)   Minimum Width. The minimum width of a dwelling located on a lot outside of a mobile home subdivision shall be twenty feet.
(g)   Foundations. All manufactured homes shall be placed on a permanent foundation that meets applicable Building Code requirements of the City, such that the floor elevation of the proposed dwelling is reasonably compatible with the floor elevations of surrounding dwelling units.
      (1980 Code 151.41)

1149.01 INTENT.

   Site plan review and parking regulations are established in order to achieve among others, the following purposes:
(a)   To ensure orderly development or redevelopment throughout the City, particularly with respect to internal site function and appearance, as well as coordination of new development with its surrounding area;
(b)   To relieve congestion on streets so that they can be utilized more fully for movement of traffic;
(c)   To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movement in the vicinity of automobile and pedestrian congestion;
(d)   To protect neighborhoods from vehicular traffic congestion in adjacent non-resident districts of intense car concentration;
(e)   To promote the general convenience, welfare and prosperity of residential, business, commercial and manufacturing development which depend upon off-street parking facilities.
      (1980 Code 151.81)

1149.02 ACCESSORY PARKING FACILITIES REQUIRED.

   Accessory off-street parking facilities (including access driveways) shall be provided in accordance with Section 1149.06 as a condition precedent to the occupancy of a residential, institutional, business, commercial and manufacturing use, except in the Central Business District, Section 1149.05, in conformance with the provisions of this chapter:
(a)   Whenever a building is constructed or new use established;
(b)   Whenever an existing building is altered and there is an increase in the number of dwelling units, seating capacity or floor areas of building;
(c)   Whenever the use of an existing building is changed to a use requiring more off-street parking facilities, except as provided in Section 1149.06. 
      (1980 Code 151.82)

1149.03 CONTINUATION OF PARKING FACILITIES.

   All existing off-street parking facilities, or those required as accessory to a use of a proposed or altered building shall continue unobstructed in operation, shall not be used for automobile service or repair, and shall not be reduced below the required size as long as the main use remains, unless an equivalent number of spaces is provided for the use in another approved location.
(1980 Code 151.83)

1149.04 MEASUREMENT STANDARDS.

   For the purpose of determining accessory off-street parking requirements definitions and standards shall be as follows:
   (a)   Accessory Parking Space. An open or enclosed area accessible from a street for the parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building. Except for "attendant" parking lots and areas for one- and two-family dwellings, each space shall be not less than 180 square feet, exclusive of all drives and turning space, and determined from an accurate plan of the area;
   (b)   Employees. The maximum number of employees on any two successive shifts;
      (1980 Code 151.84)
   (c)   Floor Area. The total area of all the floors measured from the exterior faces of the building (except the floor, or part thereof, used for the storage or warehousing may be waived with administrative approval and if not approved by the administration, the Planning Commission may approve the waiver), or where set forth in the following schedule, only the floor area used by specific use.
      (Ord. 04-206. Passed 12-27-04.)
   (d)   Fractional Unit. Where the computation results in a fractional unit, one additional off-street parking space shall be provided;
   (e)   Seat. The number of seating units installed or indicated, or each twenty-four lineal inches of benches, pews or space for loose chairs or similar seating facilities; spacing of rows shall be assumed at thirty inches on center.
   (f)   Central Business District. Boundaries, north, Sandusky Bay; east, Hancock Street; south, Adams Street; west, Decatur Street. Parking is not required in the C.B.D.
      (1980 Code 151.84)

1149.05 SCHEDULE OF REQUIRED OFF-STREET PARKING.

Building or Use
Required Minimum Parking Space
(a) Residential
(1)
One-family dwelling
2 spaces/dwelling unit
(2)
Two-family dwelling
2 spaces/dwelling unit
(3)
Rooming house, rented rooms
1 space per roomer plus space for the resident family
(4)
Row dwelling or apartment
1-1/2 spaces per dwelling unit
(5)
Hotels, motels, tourist homes
1 space per guest room or suite plus parking for restaurant if any
(6)
Group homes
1 space per two rooms, plus 1 space per staff person
(7)
Physician's office in private residence
Minimum 3 spaces
(8)
Manufactured homes
2 spaces/dwelling unit
(b) Institutions.
(1)
Hospitals
1 space per 5 beds
(2)
Libraries
1 space per 400 sq. ft. of floor area
(3)
Places of worship
1 space per each 4 seats in auditorium assembly room
(4)
Public buildings, municipal and education
Number of spaces to be determined based on site development
(5)
Sanitariums, homes for the aged, nursing homes and similar uses
1 space per 2 beds.
(c) Amusement and Assembly.
(1)
Theaters, lodge halls, auditoriums, arenas, stadiums and other places of assembly
1 space per 4 seats in building
(2)
Dance halls, skating rinks, swimming pools and arcades
1 space per 50 sq. ft. of area used for dancing, skating or swimming
(3)
Bowling alleys
7 spaces per alley
(4)
Mortuaries
1 space per 40 sq. ft. of assembly room, or 1 space for each 4 seats, whichever requires the greater
(5)
Outdoor amusements
1 space per 1,000 sq. ft. of lot area used for amusement purposes
(d) Business.
(1)
Gasoline service stations
1 space per 2 gas pumps plus 2 spaces per bay
(2)
Medical and dental offices and clinics
1 space per 200 sq. ft. floor area
(3)
Retail stores, banks, other office buildings, service establishments and auto repair shops
1 space per 250 square feet gross floor area of ground floor; 1 space per 300 sq. ft. of other floors
(4)
Eating places, bars, taverns
1 space per 100 square feet gross floor area
(5)
Marinas
2 spaces per 3 boat slips
(e) Commercial and Manufacturing
(1)
Commercial services, laboratories, storage machine shops and similar establishments
1 space per 650 square feet of gross floor area
(2)
Manufacturing plants as permitted in LM and GM Districts
1 space per 1,300 square feet of gross floor space
(3)
Central Business District
Off-street parking not required. Parking to be provided only where feasible
(4)
Daycare
2 spaces per classroom but not less than 6 spaces
(f) Other Buildings or Uses.
For a specific building or use not scheduled above, the Commission shall apply the unit of measure of the above schedule deemed to be most similar to the proposed building or use.
(1980 Code 151.85)

1149.06 SEPARATE OR COMBINED USE OF FACILITIES.

   (a)   A building containing one use shall provide the off-street parking spaces as required for the specific use. A building, or group of buildings, containing two or more uses, operating normally during the same hours, and which have different off-street parking requirements, shall provide spaces for not less than the sum of the spaces required for each use, or the spaces required for a "large unit of development" of business buildings.
   (b)   Institutions, places of amusement or assembly may assume that up to but not more than fifty percent (50%) of their requirements may be shared in adjacent parking areas which are accessory to business establishments, and which normally have different hours of operation.
   (c)   Provided, however, where there is a sharing of facilities by different owners, there shall be a contract covering a period of time as may be required by the Commission, and provided further that, should any of the uses be changed or the facilities discontinued, then the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of the building.
   (d)   Where private or public parking lots, or on-street parking are available and adequate within the walking distances, as limited herein, the Commission may modify the requirements set forth in Section 1149.05.
(1980 Code 151.86)

1149.07 LOCATION OF PARKING FACILITIES.

   (a)   Residential Uses. Enclosed or open parking facilities shall be located on the same lot as the dwelling served, or within the same block if combined facilities are provided for several dwellings. Open parking shall be behind the front of the dwelling served.
   (b)   Institutional, Amusement, and Assembly Uses. Accessory parking facilities shall be provided on the same lot as the institution or place of amusement or assembly served; however, where no adjacent land is available, then the nearest point of the parking lot shall be located within a walking distance of 100 feet of the entrance of the building.
   (c)   Business Uses. Accessory parking facilities shall be located on the same lot or adjacent to the business served in a Business or Automobile Parking District; however, where no adjacent land is available, the nearest point of the parking lot shall be located within a walking distance of 400 feet of the building.
   (d)   Commercial and Manufacturing Uses. Accessory parking facilities shall be located on the same lot as the main use served in a Commercial or Manufacturing District; however, where no adjacent land is available, the nearest point of the parking lot shall be located within a walking distance of 400 feet of the use.
(1980 Code 151.87)

1149.08 ACCESSWAYS TO PARKING AREAS.

   (a)   The location and width of entrance and exit driveways to accessory parking facilities (except for one-family and two-family dwelling) shall be planned in such a manner as to interfere as little as possible with the use of adjacent streets. The center line of an access drive to parking areas having ten or more spaces shall be more than thirty-five feet from a street intersection right-of-way line. Parking areas of twenty-four spaces or less shall have a driveway not less than ten feet wide, those having twenty-five or more spaces shall have one or two driveways not less than a total width of twenty feet.
   (b)   The aforesaid location and width regulations shall also apply to driveways for "drive-in" roadside business.
(1980 Code 151.88)

1149.09 SURFACE IMPROVEMENTS OF PARKING AREAS.

   (a)   All parking areas and access driveways shall be a paved surface unless otherwise approved by the Planning Commission. These surfaces shall have adequate drainage so as not to negatively effect adjoining properties. Water shall not drain across public roads or walkways. Appropriate bumper guards or curbs shall be provided, to prevent the location of vehicles within required setbacks or right-of-ways.
   
   (b)   Landscaping shall be required for all surface parking lots along the sides immediately adjacent and parallel to streets, sidewalks, alleys, lawns, and adjoining surface parking lots. Landscape shall include a combination of hardy canopy trees, shrubbery, and ground cover as follows:
(1)   Shrubbery shall have a minimum height of 12 inches and shall extend the entire length of the landscaped strip, excluding driveways, alleys, sidewalks, pedestrian access points and other approved means of landscaping. The landscaped strip shall not extend into a public right-of- way.
(2)   Canopy trees of at least 2-inch caliper shall not be set apart less than 30-feet on center. Canopy trees may be located within a public right-of-way with City permission. The species of canopy tree shall be approved by the Department of Horticultural Services.
(3)   Any area within the landscaped strip not occupied by trees or shrubbery shall consist of ground cover. Ground cover within a public right-of-way shall only consist of grass.
(4)   Each landscaped strip shall be at least 3-feet in width.
   (c)   All surface parking lots containing 25 or more parking spaces shall contain one landscaped island measuring at least 100 square feet for each 25 parking spaces provided or fraction thereof. Each landscaped island shall contain the following:
(1)   At least one hardy deciduous 2-inch minimum caliper canopy tree.
(2)   The area of the island not occupied by trees shall consist of ground cover, grass and/or shrubbery.
(3)   The island shall be contained within a poured-in place or pre-cast 6-inch high concrete curb.
   
   (d)   Landscaping shall be well maintained at all times. In the case that a tree, shrub, or plant dies, the owner of the property shall have six months to replace the tree, shrub, or plant.
(Ord. 01-249. Passed 11-26-01.)

1149.10 SITE ILLUMINATION.

      (a)   Pedestrian and parking areas shall be adequately illuminated whenever necessary to protect the public safety. Illumination shall be so designed and located that light sources are shielded from adjoining residential districts, streets, and night sky, and shall not be of excessive brightness or cause a glare hazardous to pedestrians or auto drivers. In addition, all parking lot and wall mounted light fixtures used for the illumination of parking areas shall be of a fully-shielded design, and shall employ warm toned (3000K or lower) white light sources, amber light sources, or filtered LED light sources.
   (b)   Façade and site feature lighting. If façade or landscape lighting is used, fixtures shall be shielded and directed onto the building façade, site feature or landscape as to not cause a glare or allow light to project into the sky. Fixtures shall not be directed toward adjacent streets, roads, or properties and shall use the minimum amount of light necessary to light the feature. To the extent practicable, lighting fixtures shall be directed downward rather than upward. Commercial Amusement (CA) District is exempt from this requirement.
(Ord. 24-161. Passed 8-26-24.)

1149.11 OFF-STREET LOADING SPACE.

   (a)   Loading or unloading facilities and standing space shall be provided for all business, commercial or manufacturing buildings hereafter erected or altered to such uses, and shall be maintained as long as the building is occupied, or unless an equivalent number of spaces is provided in conformance with these regulations, except in the Central Business District, Section 1149.04, and except for buildings less than 12,500 square feet in gross floor area.
   (b)   For buildings of 12,500 to 25,000 square feet gross floor area, at least one off-street loading space shall be provided not less than 250 square feet in area.
   (c)   For buildings over 25,000 square feet gross floor area, and not exceeding 40,000 square feet in gross floor area, one space shall be provided at least ten feet wide, thirty-five feet deep, and fourteen feet high; and at least one additional space shall be provided for each 50,000 square feet or fraction thereof by which the building exceeds 40,000 square feet of gross floor area.
(1980 Code 151.91)

1149.12 APPROVAL.

   (a)   Detailed drawings for site plan review and off-street parking, except for one- and two-family dwellings or loading facilities, shall be submitted for approval by the Commission before an application for a building permit is approved. Drawings shall show the number of spaces and locations, dimensions and descriptions of all features enumerated in Sections 1149.07 to 1149.11. The Commission may require structural or landscape features, such as bumper guards, curbs, walls, fences, shrubs, ground cover or hedges, to further the purposes of this Zoning Code.
   (b)   As a condition to the approval of the plans and drawings referred to in subsection (a) above, the Commission may require drawings showing plan, elevation and cross-section views for each industrial and commercial building to be erected and for each residential building containing ten or more dwelling units to be erected which are sufficient to display:
(1)   The massing and conceptual design of the proposed building.
(2)   The relationship of the proposed building to adjacent buildings, street and exterior areas to which members of the public have access.
(3)   Off-street vehicular loading and parking facilities, access driveways, including driveways for emergency vehicles and the surfacing of such areas and driveways. Section 1149.13 shall be used as a guide to parking standards.
(4)   Grading or alteration in elevation or contour of the land and provisions for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon.
(5)   Fire routes designed and provided in accordance with the requirements of the City Fire Department.
(6)   Vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material.
(7)   Walls, fences, hedges, trees, shrubs or other ground cover or facilities for the landscaping of the lands or the protection of adjoining lands.
(8)   Easements conveyed for the construction, maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewerage and storm drainage facilities on the land.
(9)   Facilities for the lighting, including floodlighting of the land or of any buildings or structures thereon.
(10)   Walkways, including the surfacing thereof, and all other means of pedestrian access.
   (1980 Code 151.92)

1149.13 OFF-STREET PARKING CHART.

TABLE OF DIMENSIONS (IN FEET)
O
S
P
A
B
C
D
E*
F
G
H
J
0°
9.0
9.0
24.0
26.0
0.0
0.0
24.0
26.0
9.0
9.0
9.0
9.0
11.0
10.0
0.0
0.0
0.0
0.0
29.0
28.0
30°
9.0
19.0
30.0
18.0
17.3
13.4
9.0
13.5
6.0
43.6
 
45°
 
9.0
9.5
10.0
19.0
19.0
19.0
19.8
20.1
20.5
12.7
13.4
14.1
19.8
20.1
20.4
16.6
16.7
16.9
10.0
9.5
9.0
16.0
16.5
17.0
6.4
6.7
7.0
9.0
8.5
8.0
49.6
49.7
49.8
 
60°
 
9.0
9.5
10.0
19.0
19.0
19.0
12.1
12.3
12.4
10.4
11.0
11.5
21.0
21.3
21.5
18.8
18.9
19.0
17.0
15.5
14.0
15.0
15.0
15.0
2.6
2.8
2.9
12.0
11.5
11.0
59.0
58.1
57.0
 
90°
 
9.0
9.5
10.0
19.0
19.0
19.0
0.0
0.0
0.0
9.0
9.5
10.0
19.0
19.0
19.0
19.0
19.0
19.0
25.0
24.0
23.0
20.0
20.0
20.0
0.0
0.0
0.0
0.0
0.0
0.0
63.0
62.0
61.0
 
Note:   O   Parking angle
   S   Parking space width
   P   Parking space length
   B   Curb length of parking space width
   A   Curb length of parking space depth
   C   Perpendicular Length of Stall (against wall)
   D   Perpendicular length of stall (overlap)
   E   Aisle width
   F   Turnaround aisle width
   G   Overhang of curb length at periphery
   H   Setback
   J   Wall to Wall dimension
(1980 Code 151.93)

1151.01 PURPOSE.

   These regulations are intended to permit nonconforming uses and structures to continue, but not to encourage their perpetuation. The regulation of non-conforming development is intended to bring development into conformance with the Sandusky Planning and Zoning Code and the Comprehensive Plan.
(a)   All nonconforming uses, structures, and lots shall be regulated according to the provisions of Chapter 1151, except as otherwise provided in the Sandusky Planning and Zoning Code.
(b)   Any lawful uses of buildings or land existing at the effective date of this Zoning Code may be continued, even though such use does not conform to the provisions hereof.
(c)   Whenever the use of a building or land becomes nonconforming through an amendment to this Zoning Code or Map, such use may be continued.
(d)   The existence of a nonconforming use or structure shall not be grounds for the establishment of additional structures or uses not otherwise permitted in the district.
(e)   In order to avoid hardship, nothing in this Code shall be deemed to require a change in plans, construction, or designated use of any building or upon which actual substantial construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been carried on diligently. Construction is considered to have started if excavation, demolition, or removal of an existing building has begun in preparation of rebuilding, and a building permit has been issued, prior to the effective date of adoption or amendment of this Code.
      (Ord. 02-191. Passed 12-9-02.)

1151.02 NONCONFORMING USES.

   (a)   Discontinuance of Use. Whenever a nonconforming use is discontinued for more than one (1) year, further use shall be in conformity with the provisions of this Code. “Discontinued” shall mean voluntary nonuse regardless of the intent to resume the nonconforming use.
   (b)   Nonexpansion of Use. A nonconforming use of a building shall not be expanded. A nonconforming use of a building shall not be extended to any other portion of the building.
   (c)   Substitution of Uses. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, as determined by the Planning Commission. Notification shall be provided to property owners within three hundred feet (300') of the subject property.
 
   (d)   Nonconforming Use of Land. A nonconforming use of land (where no building or structure is involved), existing lawfully at the time this Zoning Code became effective, shall not be expanded or extended in any way, but may continue for a period of not more than 2 years from the effective date, at the end of which time the use shall be discontinued or changed to a conforming use.
(Ord. 16-158. Passed 9-26-16.)

1151.03 SPECIAL RESIDENTIAL OCCUPANCY PERMIT.

   Only for a legal nonconforming residential use, may a special residential occupancy permit be granted to allow for the re-establishment of a residential, nonconforming use where a prior legal nonconforming residential use has expired and the structure still remains. The expired legal nonconforming residential use may be reinstated provided the following standards are fulfilled and the Planning Commission grants a permit.
(a)   The proposed residential use shall be harmonious and in accordance with the intent of the residential district in which it is to be located and other objectives of this Zoning Code and the Comprehensive Plan.
(b)   The proposed residential use shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and shall not change the essential character of the same area.
(c)   The proposed residential use shall not be in conflict with existing or future neighboring uses.
(d)   The proposed residential use shall be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer services; or the person or agencies responsible for the establishment of the proposed use shall be able to provide any service adequately.
(e)   The proposed re-institution of the nonconforming residential use shall not be detrimental to any existing uses, activities, processes, materials, equipment or conditions in the neighborhood.
(f)   The cost of improvements to the existing nonconforming building to bring such structure up the standards established by the City Building Code shall not be greater than sixty percent (60%) of the value of the building structure. The Building Official may require that the value of the building be established by an appraisal submitted by a qualified appraiser.
(g)   The Planning Commission may revoke the special residential use permit if the property is not maintained in a manner that would conform to the policies detailed above.
(h)   The initial application shall have a processing fee established by the City Manager and approved by the City Commission and published in the Index of Fees maintained by the Community Development Department.
(i)   It is required that the Special Residential Occupancy Permit be annually renewed. No fee is required for the annual renewal.
      (Ord. 02-191. Passed 12-9-02.)

1151.04 NONCONFORMING LOTS OF RECORD.

   For any district which permits the use of the proposed structure, the structure may be built on a lot of record. The minimum lot area and width requirements shall not apply to these lots, however, all required yards shall be provided. A variance to the required yards may be granted through the action of the Board of Zoning Appeals.
(Ord. 02-191. Passed 12-9-02.)

1151.05 NONCONFORMING STRUCTURES.

   Where, at the time of adoption of the Zoning Code and designation of zoning districts, a lawful structure exists which does not meet the requirements imposed by the existing Zoning Code, such structure may be continued so long as the structure meets the following conditions:
(a)   A nonconforming structure may continue to be used, maintained, repaired and structural parts replaced when required to restore to a safe condition. A residential nonconforming building may be modernized to improve interior livability.
(b)   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof, may be altered to decrease its nonconformity;
(c)   Should such structure be moved for any reason or distance, it shall thereafter conform to the regulations for the district in which it is located;
(d)   A nonconforming structure may be added to, provided the additions are made to conform to the yard and height regulations of the district in which it is located;
(e)   Restoration of Damaged Structures:
(1)   Any structure on a lot existing on or before the effective date of this Code and which does not conform to the provisions of this Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than sixty percent (60%) of its replacement value at the time of damage may be restored, provided that such structure, when completed, will not differ in location or size from the previously existing structure (except to the extent that such difference may be in greater conformity with this Code) and provided such repairs or reconstruction are completed within one (1) year of the date of the damage. However, when the damage or destruction to the structure is to the extent of sixty percent (60%) or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
(2)   Determination of the replacement value shall be made by three (3) practicing building construction contractors, one to be appointed by the owner, one to be appointed by the City, and the third to be selected by mutual consent of the two (2) parties.
         (Ord. 02-191. Passed 12-9-02.)

1151.06 NONCONFORMING SIGNS.

   A sign legally existing at the time of the passage of this section that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, may be allowed to remain and may be maintained and its structural parts and sign face repaired and replaced.
(Ord. 04-207. Passed 12-27-04.)

1151.07 NONCONFORMING PARKING FACILITIES.

   A building, existing lawfully at the time this Zoning Code became effective, but which does not conform with the existing off-street parking or loading regulations, may be occupied by the existing use or use determined to be similar to the most recent use, without the parking facilities being made available. However, any new parking spaces that may be provided shall be in accord with the development standards set forth in Chapter 1149 and, if the existing building is altered so that there is an increase of the number of dwelling units, seating capacity, or floor area, or if the use is changed to a use requiring more off-street parking spaces, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accordance with Chapter 1149.
(Ord. 02-191. Passed 12-9-02.)

1151.08 CERTIFICATES OF NONCONFORMITY.

(a)   (1)   The Division of Planning shall issue a certificate of nonconformity for legally nonconforming uses and structures if the nonconformity is included in an inventory of nonconformities created by the City or upon application by the owner, if the owner can document in detail the extent of nonconforming land uses, structures, signs, and/or lots or parcels at the time the nonconformity was established.
(2)   The inventory of nonconformities shall contain the detailed information that must be contained in a certificate. If there is no inventory, an owner of a nonconformity can obtain a certificate if he or she can establish the extent and nature of the nonconformity at the time it was established. The nonconformity must be in existence at the time the relevant ordinance(s) were adopted or amended. A nonconformity can be established through photographs, maps and drawings, and written statements describing the nonconforming use at the time it became nonconforming. In the case of a transient occupancy use, annual nonconformity must be proven through the following methods: documentation of the previous years’ Federal tax return and State tax return showing income from the property providing transient occupancy and executed rental agreements from the previous year.
   (b)   A certificate of nonconformity shall describe the nonconforming land uses, structures, signs, and/or lots or parcels in sufficient detail so that a reasonable person can determine how the nonconformity is not in compliance with present or previous land development regulations. A map with drawings, with the location, height and size of structures and signs, and the area of the nonconformity shall be attached to the certificate.
   (c)   The City may rely on the description and/or map of a nonconformity in a certificate of nonconformity in determining whether a nonconformity has been discontinued, destroyed, changed or expanded.
   (d)   A Certificate of Nonconformity shall not entitle a property owner the re- establishment of a nonconforming use or reconstruction of a nonconforming structure. However, it shall serve as a base line record of the nonconformity when a property owner is requesting to reconstruct or re-establish a nonconformity.
(Ord. 23-080. Passed 3-27-23.)

1151.09 BURDEN OF PROOF.

   The burden of establishing that any nonconformity is a legal nonconformity as defined in this chapter shall, in all cases, be upon the owner of such nonconformity and not upon the City.
(Ord. 02-191. Passed 12-9-02.)

1153.01 PURPOSE.

   The purpose of this Chapter is to preserve and protect the public health and safety and to promote the orderly land use and development of the City of Sandusky by the implementation of standards and procedures by which the installation and operation of Wind Energy Conversion Systems (WECS) shall be governed as a conditional use.
(Ord. 09-006. Passed 1-26-09.)

1153.02 DEFINITIONS.

   (a)    A wind energy conversion system (WECS) includes any or all of the following components:
      (1)    A turbine with propeller-style blades, or
      (2)    A vertical rotor, or
      (3)    Other means of capturing the energy in moving air;
      (4)    A tower or
      (5)    A mounting structure;
      (6)    An electrical power generator with
      (7)    Associated electrical power transmission circuitry;
      (8)    A battery or
      (9)    Other means of storing energy;
      (10)    Other means of transmitting energy (hydraulic, mechanical, etc.);
      (11)    Mechanical control mechanisms;
      (12)    Electrical/electronic/computer control circuitry;
      (13)    A foundation;    
      (14)    Enclosures.
   (b)    Total Height means the distance measured from ground level to the highest point that any part of the WECS can reach.
   (c)    Small WECS means a WECS that will be used primarily to reduce on-site consumption of electrical power.
   (d)    Wind Turbine Rotor means that portion of a wind turbine that includes the blades or scoops, hub and shaft.
   (e)    Tower means an elevating structure intended to raise the rotor, turbine and accessory equipment above either the ground surface or the top of a building.
   (f)    Commercial WECS means a WECS consisting of more than one wind turbine and tower, or a WECS that will be used primarily for off-site consumption of electrical power.
   (g)    Wind Turbine means a WECS that converts wind energy into another form of energy by means of rotary motion driven by the passage of air through the WECS. The definition includes a WECS designed to mount directly on the roof of existing buildings including residences.
   (h)    Applicant means the person or entity filing an application for a conditional use permit under this Chapter.
(Ord. 09-006. Passed 1-26-09.)

1153.03 APPLICABILITY.

   (a)    This Chapter applies to all Wind Energy Conversion Systems (WECS), small and commercial, and Wind Turbines as defined in Section 1153.02 of this Chapter proposed to be constructed or located after the effective date of this Chapter.
   (b)    Any WECS constructed or located prior to the effective date of this Chapter shall not be required to meet the provisions of this Chapter provided that any physical modification to such pre-existing WECS that materially alters the size, type and number of any such WECS shall require compliance with this Chapter. If any pre-existing WECS is destroyed or damaged to the extent of more than 50 percent of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this Chapter.
(Ord. 09-006. Passed 1-26-09.)

1153.04 CONDITIONAL USE.

   A WECS shall be considered a conditional use in any zoning district.
(Ord. 09-006. Passed 1-26-09.)

1153.05 PERMIT REQUIREMENT.

   (a)    No WECS, small or commercial, shall be constructed or located within the City of Sandusky unless a conditional use permit has been issued to the applicant.
   (b)    The conditional use permit application shall be made in compliance with this Chapter and Chapter 1109 of the Codified Ordinances and be accompanied with a fee in the amount of one hundred dollars ($100.00).
   (c)    Any physical modification to an existing and permitted WECS that materially alters the size, type and number of such WECS shall require a permit modification under this Chapter. Like-kind replacements shall not require a permit modification.
   (d)    An applicant who proposes to construct or locate a WECS, as defined in this Chapter, on the roof of an existing structure shall be required to apply for a conditional use permit and request a waiver by the Planning Commission from those requirements of this Chapter that the Planning Commission finds are not applicable.
(Ord. 09-006. Passed 1-26-09.)

1153.06 SMALL WIND ENERGY CONVERSION SYSTEM REQUIREMENTS.

   (a)    Permitted Locations. A small WECS is permitted in any zoning district.
   (b)    Setbacks.
      (1)    Property lines. The vertical part of a small WECS shall be set back from the nearest property line, public road right-of-way and communication and electrical line not less than 1.1 to 1.0 times its total height.
   (c)    Design Standards.
      (1)    Tower Design. The design of the small WECS tower, if any, shall be a single enclosed pole, which is freestanding, without guy wires. Open lattice towers shall not be employed.
      (2)    Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above any structure or obstacle within 30 feet horizontally from any part of the arc of the turbine blades.
      (3)    Access. No tower shall have a climbing apparatus within 15 feet of the ground. All access doors or access ways to towers and electrical equipment shall be able to be locked.
      (4)    Noise. No small WECS shall generate sounds exceeding 60 dBA as measured 100 feet from the tower. Noise generated by any small WECS shall also comply with existing City noise ordinances.
      (5)    Visual Appearance. Small wind energy conversion or tower systems shall be finished in a corrosion-resistant, non-obtrusive finish and color that is non-reflective. No small WECS or tower shall be lighted unless required by the FAA. No flags, streamers, decorations, advertising signs of any kind or nature whatsoever shall be permitted on any small WECS.
      (6)    Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.
      (7)    Signal Interference. Efforts shall be made to site small WECS or towers to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small WECS or tower owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small WECS or tower shall cause permanent and material interference with television or other communication signals.
   (d)    Permit Applications. Application for a small WECS and/or tower shall include the following information:
      (1)    Site plan (map view) to scale showing the location of all of the components of the proposed small WECS and the locations of all existing buildings, structures and property lines, along with distances; and
      (2)    Elevation (side view) drawings of the site to scale showing the height, design and configuration of the small WECS and the height and distance to all existing structures, buildings, electrical lines and property lines; and
      (3)    Structural drawings and engineering analyses of the WECS tower and/or supporting structure, demonstrating adequate weight and lateral stress capacity; and
      (4)    A standard foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil conditions at the site; and
      (5)    Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of all parts of the WECS; including the name and address of the component manufacturers, model and serial numbers of all WECS components; and
      (6)    Emergency and normal shutdown procedures; and
      (7)    An electrical one-line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes; and
      (8)    Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator; unless the system will not be connected to the electricity grid.
         (Ord. 09-006. Passed 1-26-09.)

1153.07 COMMERCIAL WIND ENERGY CONVERSION SYSTEM REQUIREMENTS.

   (a)    Permissible Locations. A commercial WECS may be permitted as a conditional use (special exception) in a non-Residential District.
   (b)    Setbacks.
      (1)    Property Lines. A commercial WECS shall be set back from the nearest property line and public road right-of- way not less than 1.0 times the total height of the system.
      (2)    Other Uses. No commercial WECS shall be located within 1,000 feet of a platted subdivision, park, church, school or playground.
      (3)    Inhabited Structures. A commercial WECS shall be set back from the nearest inhabited building, power line or communication line, not less than 1.0 times its total height.
   (c)    Design Standards. A commercial WECS shall comply with the design standards set forth in Section 1153.06, including all of its subsections.
   (d)    Permit Applications. A commercial WECS shall comply with the permit application requirements set forth in Section 1153.06, including all of its subsections.
   (e)    Multiple WECS. Multiple WECS shall not be permitted without approval by the Planning Commission. (Ord. 09-006. Passed 1-26-09.)

1153.08 NON-USE.

   (a)    Any small WECS, commercial WECS or tower which complies with the terms of this chapter which is not used for two (2) years, excluding repairs; shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this chapter.
   (b)    Any small WECS or commercial WECS which is non-conforming and which is not used for one (1) year, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this chapter.
(Ord. 09-006. Passed 1-26-09.)

1154.01 PERMIT REQUIRED FOR INSTALLATION; NOTARIZED STATEMENT; FILING FEE.

   No freestanding telephone structure, nor any telephone structure which is attached to a building exterior, shall be installed until such time as the applicant has filed the proper application for a permit, and the same has been granted. Such application shall be filed with the office of the City Engineer and shall contain a signed notarized statement from the property owner granting the applicant permission to have such telephone structure installed together with a filing fee in the amount of eighty dollars ($80.00) payable in cash or by certified check to the City.
(Ord. 99-289. Passed 11-8-99.)

1154.02 GENERAL REQUIREMENTS.

   Prior to the permit being issued, the City Engineer or his designated representative, shall:
(a)   Determine that the proposed structure does not impede the flow of vehicular or pedestrian traffic;
(b)   Determine that the proposed structure does not present any hazardous situation;
(c)   Determine that the proposed structure does not, in any way, infringe upon the rights of affected residents or property owners by creating excessive loitering and/or illegal activity. In making this determination, the City Engineer shall contact the Department of Community Development, the Department of Public Services and the Sandusky Police Department who shall provide the Engineer with comments concerning the proposed location based upon their contact with residents and/or property owners in the area; and
(d)   Present the proposal to the Planning Commission for review and obtain the approval of said Commission.
      (Ord. 99-289. Passed 11-8-99.)

1154.03 MAINTENANCE; COMPLIANCE WITH REGULATIONS.

   The telephone company supplying the service shall be responsible for the proper maintenance of the structure and maintaining the equipment in working condition. The applicant shall keep the area free of litter and debris.
   The telephone company supplying the equipment and its installation shall insure compliance with all existing federal, state and local laws and regulations including those regarding accessibility by the handicapped and hearing impaired.
(Ord. 99-289. Passed 11-8-99.)

1154.04 PERMIT GUIDELINES.

   For purposes of granting or denying the required permit, the following guidelines shall be observed:
(a)   Where possible, any freestanding structure shall be at least five feet from the side yard of any lot.
(b)   The structure’s location shall provide the user with easy access and safety and shall not impede any vehicular traffic flow on the property or to and from said property.
(c)   The structure shall not obstruct any existing sign and shall not eliminate any off- street parking space required by the Zoning Code of the City.
(d)   Illumination shall be adequate, but in no case, pose an inconvenience to adjacent residences or businesses.
(e)   Adequate parking shall be provided.
(f)   The number and location of existing outdoor telephone pay stations in the general area will be considered.
(g)   All electric service for the lighting and telephone wiring to an outdoor telephone pay station shall be appropriately installed either overhead, underground, or a combination thereof.
(h)   Appropriate landscaping shall be provided.
      (Ord. 99-289. Passed 11-8-99.)

1154.05 REMOVAL; PERMIT REVOCATION; VIOLATIONS; APPEAL.

   (a)   The office of the City Engineer shall cause to be removed any outdoor telephone pay station within the City, whether or not a permit has been obtained; revoke said permit, pursuant to this section, if it is determined that:
(1)   The structure impedes the flow of vehicular or pedestrian traffic.
(2)   The structure presents a hazardous situation endangering public safety.
(3)   The structure infringes on the rights of residents and/or property owners in the area.
(4)   Any of the guidelines contained in Section 1154.04 are not being satisfied.
(5)   The structure is identified as a source of activity, proscribed in Section 1154.02(c).
   (b)   The office of the City Engineer shall prepare a notice which shall contain the violation or violations and which shall state that if the outdoor telephone pay station is not removed within ten days, the outdoor telephone pay station shall be removed by the City pursuant to this chapter. This notice shall be sent by certified mail, return receipt requested, to the applicant and/or the telephone company supplying the service.
   (c)   The cost of removal of any such telephone equipment shall be considered a debt owed to the City by the applicant and/or the telephone company supplying the service.
   (d)   If within ten days of receipt of the notice of violation or violations, the property owner, the applicant (if different from the property owner), and the telephone company supplying the service file an appeal from the determination of the office of the City Engineer together with the required filing fee for such appeal, which shall not be waived, with the Clerk of the Planning Commission, a hearing on the determination made by the office of the City Engineer and the appeal shall be scheduled within forty-five working days from the date of the filing of said appeal with the Clerk.
(Ord. 99-289. Passed 11-8-99.)

1155.01 PURPOSE.

   The PUD District is established to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve:
   (a)   A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and reductions in lot dimensions, yards, building setbacks, and area requirements;
   (b)   A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services;
   (c)   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns;
   (d)   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets;
   (e)   A development pattern in harmony with the land use, transportation, and other objectives of the City of Sandusky Comprehensive Plan;
   (f)   The City is prepared to accept a greater population density in undeveloped areas than that reflected by conventional zoning, provided the developer can demonstrate that any increment of public cost attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
      (Ord. 08-038. Passed 4-28-08.)

1155.02 RELATION TO ZONING ORDINANCE.

   Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of the other Chapters of this Zoning Ordinance or other Ordinances of the City of Sandusky, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Zoning Ordinance.
(Ord. 08-038. Passed 4-28-08.)

1155.03 PERMITTED USES.

   Compatible residential, commercial, public and quasi-public uses may be combined in the PUD District, provided the City Planning Commission and the City Commission find that the proposed location of the commercial uses will not adversely affect adjacent property, and/or the public health, safety, and general welfare.
(Ord. 08-038. Passed 4-28-08.)

1155.04 ACCESSORY BUILDINGS AND USES.

   (a)   Accessory buildings and uses are permitted provided that such buildings and uses are customary and incidental to the principal use and are situated on the same lot as the principal building.
   (b)   For the purpose of regulating accessory buildings and uses, all residential uses in PUD Districts shall conform to the Residential District regulations of the Zoning Code in Chapter 1129. (Ord. 08-038. Passed 4-28-08.)

1155.05 MINIMUM PROJECT AREA.

   There is no minimum project area requirement for a PUD District.
(Ord. 08-038. Passed 4-28-08.)

1155.06 COMMON OPEN SPACE.

   (a)   A minimum of twenty percent (20%) of the land developed in any planned unit development project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed.
   (b)   At the discretion of the Planning Commission, the required amount of common open space land reserved under a planned unit development shall either:
      (1)   Be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development; or
      (2)   Be acceptable to the City for dedication as common open space for parks, recreation, and related uses.
   All land dedicated to the City must meet the Planning Commission’s requirements as to size, shape, and location. Public utility and similar easements and rights-of-way for water courses and other similar channels are not acceptable for common open space dedication to the City unless such land or rights-of-way are usable as a trail or other similar purpose and approved by the Planning Commission. The legal responsibility and method of the maintenance of all open spaces shall be specified by the developer before approval of the Preliminary Development Plan.
   (c)   Landscaping of open spaces shall be sufficient to provide a park-like environment and reduce the harshness of bare structures and land. Planted species shall be of types and sizes to assure a park atmosphere and permanent survival.
(Ord. 08-038. Passed 4-28-08.)

1155.07 UTILITY REQUIREMENTS.

   Underground utilities, including telephone and electrical systems, are required within the limits of all planned unit developments. The City encourages the location of utility lines in alleys or easements behind buildings instead of in street rights-of-way whenever possible. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Planning Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.
(Ord. 08-038. Passed 4-28-08.)

1155.08 MINIMUM LOT SIZE AND MAXIMUM HEIGHT REGULATIONS.

   (a)   The following minimum and maximum requirements shall be observed:
 
Maximum Height
Land Use
Minimum Lot Area (Square Feet)
Density (Not to exceed units / residential acre)
Number of Stories
Height (feet)
Single family
4,200
6
2-1/2
30
Two family
2,100 per family
10
2-1/2
30
Garden,
Townhouse,
Apartments
1,200 per family
16
3
40
Multi-family
1,200 per family
16
10
120
 
   A diversification of lot sizes is encouraged. Lot widths and setbacks may be varied to allow for a variety of structural designs. Clustering of dwellings is encouraged. Maintaining waterfront views/vistas for projects close to Sandusky Bay and Lake Erie is also encouraged.
   (b)   For determining density as shown in the above table, the term “residential acre” does not include street rights-of-way or common open space.
   (c)   Notwithstanding the provisions of this section, every building abutting the perimeter of the planned unit development shall maintain a building setback of at least twenty-five (25) feet.
   (d)   Where townhouses are used, there shall be no more than eight townhouse units in any contiguous group. (Ord. 08-038. Passed 4-28-08.)

1155.09 PARKING.

   Off-street parking, loading and service areas shall be provided in accordance with Chapter 1149 of this Zoning Ordinance.
(Ord. 08-038. Passed 4-28-08.)

1155.10 ARRANGEMENT OF COMMERCIAL USES.

   When planned unit development districts include commercial uses, the amount of land which may be devoted to commercial use shall be approved by the Planning Commission and the City Commission. Commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas.
(Ord. 08-038. Passed 4-28-08.)

1155.11 MAINTENANCE OF UNDEVELOPED AREAS.

   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped as approved by the Planning Commission and maintained in accordance with a landscape maintenance plan approved by the Planning Commission. Natural and scenic areas should be preserved wherever possible.
(Ord. 08-038. Passed 4-28-08.)

1155.12 PROCEDURE FOR APPROVAL OF A PUD DISTRICT.

   Planned unit development districts shall be approved in accordance with the procedures in Section 1155.13 to 1155.19.
(Ord. 08-038. Passed 4-28-08.)

1155.13 PRE- APPLICATION MEETING.

   The developer shall meet with the Chief Planner, City Engineer, and Traffic Engineer prior to the submission of the preliminary plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Ordinance and the criteria and standards contained herein, and to familiarize the developer with the comprehensive development plan, major thoroughfare plan, the parks and public open space plan, the subdivision regulations, and the drainage, sewer, and water system of the City.
(Ord. 08-038. Passed 4-28-08.)

1155.14 APPLICATION CONTENTS; PRELIMINARY PLAN.

   An application for zone change for a PUD District shall be accompanied by a preliminary plan and shall be filed with the Chairman of the Planning Commission by at least one owner or lessee of the property for which the planned unit development is proposed. At a minimum, the application shall contain the following information:
   (a)   All information normally required for a zone change amendment under Chapter 1113 of this Zoning Ordinance;
   (b)   Name, address and telephone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary plan;
   (c)   A preliminary plan at a scale approved by the Chief Planner, showing topography at two foot intervals; location and type of residential and commercial uses; layout, dimensions, names of existing and proposed streets, rights-of-way, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing utility lines and other items as the Planning Commission deems necessary;
   (d)   Proposed schedule for the development of the site;
   (e)   Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within eighteen (18) months;
   (f)   The application for planned unit development shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the planned unit development would be in the public interest and would be consistent with the City’s statement of objectives for planned unit developments in Section 1155.01;
   (g)   A PUD filing fee and deposit as set by the City Commission. The number of copies of the application and preliminary plan required for submittal shall be set by the Planning Commission.
      (Ord. 08-038. Passed 4-28-08.)

1155.15 PRELIMINARY PLAN APPROVAL.

   (a)   Review of Preliminary Plan. The Planning Commission shall review the preliminary plan and zone change request to determine if it is consistent with the objectives of this chapter; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits of combining various land uses justify the deviation from conventional district regulations.
   (b)   PUD Zone Change and Preliminary Plan Recommendations. After review, the Planning Commission shall recommend to the City Commission that the zone change request and the preliminary plan be approved as presented, approved with supplementary conditions, or disapproved. The City Commission will then follow normal zone change procedures specified in Chapter 1113.
(Ord. 08-038. Passed 4-28-08.)

1155.16 SUBMISSION OF FINAL DEVELOPMENT PLAN.

   (a)   Within eighteen (18) months of the City Commission’s approval of the preliminary plan and zone change, the developer shall submit a final development plan to the Planning Commission. When a subdivision plat is required, the final development plan may be processed concurrently. The final development plan shall be in general conformance with the preliminary plan approved by the City Commission.
   (b)   If the final development plan has not been submitted to the Planning Commission within eighteen (18) months, notice shall be given to the applicant that the Planning Commission will recommend to the City Commission rezoning to the former zoning district of the subject property which existed prior to the PUD rezoning. The Planning Commission may grant the applicant an extension to the eighteen (18) month time limit if the applicant can show cause why an extension should be granted.
(Ord. 08-038. Passed 4-28-08.)

1155.17 APPLICATION CONTENTS; FINAL DEVELOPMENT PLAN.

   An application for approval of the final development plan and subdivision plat shall be filed with the Planning Commission by at least one owner or lessee of property for which the planned unit development is proposed. The application shall contain the following information:
   (a)   A survey of the proposed development site, showing the dimensions and bearings of the property lines, areas in acres, topography, existing features of the development site, including major wooded areas, structures, street, easements, utility lines and land uses.
   (b)   All the information required on the preliminary plan; the location and sizes of lots, location and proposed density of dwelling units, non-residential building intensity, and land use.
   (c)   A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population; anticipated timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development.
   (d)   Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, cable TV, and natural gas installations, waste disposal facilities, street improvements, and the nature and extent of earthwork required for site preparation and development.
   (e)   Site Plan, showing building (s), various functional use areas, circulation and their relationship.
   (f)   Preliminary building plans, including floor plans and exterior elevations.
   (g)   Landscaping and landscaping maintenance plans.
   (h)   Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.
   (i)   A filing fee and deposit as set by the City Commission. The number of copies of the application, the final development plan and any required subdivision plat for submittal shall be set by the Planning Commission.
      (Ord. 08-038. Passed 4-28-08.)

1155.18 APPROVAL BY PLANNING COMMISSION.

   After review of the final development plan, the Planning Commission shall either approve as presented, approve with the supplementary conditions, or disapprove the final development plan. The Planning Commission, in its review of the final development plan, shall determine that the facts submitted with the application establish that:
   (a)   The proposed development can be initiated within eighteen (18) months of the date of approval;
   (b)   Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect;
   (c)   The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development and the adopted policies of the Planning Commission and the City Commission;
   (d)   Any proposed quasi-public development can be justified at the locations proposed;
   (e)   Any deviation from district requirements of conventional Residential Districts is warranted by the design and other amenities incorporated in the final development plan;
   (f)   The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development;
   (g)   The planned unit development is in general conformance with the comprehensive plan of the City;
   (h)   The existing and proposed utility services are adequate for the population densities and non-residential uses proposed.
      (Ord. 08-038. Passed 4-28-08.)

1155.19 MAJOR AND MINOR MODIFICATIONS TO A PLANNED UNIT DEVELOPMENT.

   (a)   Subsequent to the approval of the final development plan by the Planning Commission, the land included within the site area thereof shall not be developed or used in any manner whatsoever that is not in conformance with the approved plan, and no building permit or certificate of occupancy shall be issued for any building, structure or use on the lands except in conformance with the approved plan.
   (b)   Any change in an approved final development plan desired by the owner of the tract of land involved shall be submitted to the Planning Commission. The Commission shall determine whether the proposed revision is a minor or a major modification to the PUD and take the following action:
      (1)   A minor modification is a change which does not substantially alter the overall concept of the planned unit development. Generally, such changes are limited to small site alterations such as realigning a street, shifting a setback or slight changes in building designs that do not result in the loss of open space. Increases of up to five percent (5%) of the total development density may be determined by the Planning Commission to be minor changes. Minor modifications shall not involve reductions in required improvements, such as open space, parking areas, pavement widths, etc. Minor modifications shall be approved by the Planning Commission but do not require a public hearing;
      (2)   A major modification is a major change which will affect the general character and overall concept of the PUD, including substantial relocation or redesign of principal or accessory structures, parking, open space areas and streets. A major change is involved in density increases in excess of five percent (5%) of the total development density and/or revisions affecting the land coverage by building, parking and open space areas. Major modifications require approval by the Planning Commission after a public hearing. Notice of the public hearing must be sent to property owners within 300 ft. of the tract of land involved in the PUD and must be published in the local newspaper of general circulation at least ten (10) days prior to the public hearing;
      (3)   Upon approval of a revised final development plan as a minor or major modification, the original final plan shall be considered void and the revised final plan shall have the same force and effect as if it were the original plan.
(Ord. 08-038. Passed 4-28-08.)

1157.01 GENERAL PROVISIONS.

   (a)   Statutory Authorization. Article XVIII, Section 7, Home Rule and Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the City Commission of Sandusky, State of Ohio, does ordain as follows:
   (b)   Findings of Fact. The City of Sandusky has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
   
   (c)   Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
      (1)   Protect human life and health;
      (2)   Minimize expenditure of public money for costly flood control projects;
      (3)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
      (4)   Minimize prolonged business interruptions;
      (5)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
      (6)   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
      (7)   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
      (8)   Minimize the impact of development on adjacent properties within and near flood prone areas;
      (9)   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
      (10)   Minimize the impact of development on the natural, beneficial values of the floodplain;
      (11)   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
      (12)   Meet community participation requirements of the National Flood Insurance Program.
   (d)   Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
      (1)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
      (2)   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
      (3)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
      (4)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
      (5)   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.
   (e)   Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Sandusky as identified in Section 1157.01(f), including any additional areas of special flood hazard annexed by City of Sandusky.
   (f)   Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and / or maps are adopted:
      (1)    Flood Insurance Study Erie County, Ohio and Incorporated Areas and Flood Insurance Rate Map Erie County, Ohio and Incorporated Areas both effective September 1, 2022.
      (2)    Other studies and / or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year or one percent 1% annual chance floodplain, floodways or delineation of other areas of special flood hazard.
      (3)    Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio, which has been approved by the City of Sandusky as required by Section 1157.04(c) Subdivisions and Other New Developments.    
   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the office of the Director of Engineering Services, 240 Columbus Avenue, Sandusky, Ohio 44870.
   (g)    Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
   (h)   Interpretation. In the interpretation and application of these regulations, all provisions shall be:
      (1)   Considered as minimum requirements;
      (2)   Liberally construed in favor of the governing body; and,
      (3)   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
   (i)   Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Sandusky, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
   (j)   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 22-164. Passed 8-22-22.)

1157.02 DEFINITIONS.

   Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
   (a)   Accessory Structure: A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
   (b)   Appeal: A request for review of the floodplain administrator’s interpretation of any provision of these regulations or a request for a variance.
(c)    Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) annual chance flood or the 100-year flood.
   (d)    Base (100-Year) Flood Elevation (BFE): The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the lowest adjacent natural grade elevation plus the depth number (from 1 to 3 feet).
   (e)   Basement: Any area of the building having its floor subgrade (below ground level) on all sides.
   (f)    Breakaway Wall: means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
   (g)    Coastal High Hazard Area: An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms or seismic sources. A coastal high hazard area is identified on a community’s FIRM by the designation of zone VE.
   (h)   Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
   (i)   Enclosure Below the Lowest Floor: See “Lowest Floor.”
   (j)   Executive Order 11988 (Floodplain Management): Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
   (k)   Federal Emergency Management Agency (FEMA): The agency with the overall responsibility for administering the National Flood Insurance Program.
   (l)   Fill: A deposit of earth material placed by artificial means.
   (m)   Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland or tidal waters, and/or
      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.
   (n)   Flood Hazard Boundary Map (FHBM): Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
   (o)   Flood Insurance Rate Map (FIRM): An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
   (p)    Flood Insurance Risk Zones: Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
      (1)    Zone A: Special flood hazard areas inundated by the 100-year or one percent (1%) annual chance flood in any given year; base flood elevations are not determined.
      (2)    Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year or one percent (1%) annual chance flood in any given year; base flood elevations are determined.
      (3)    Zone AO: Special flood hazard areas inundated by the 100-year or one percent (1%) annual chance flood in any given year; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
      (4)    Zone AH: Special flood hazard areas inundated by the 100-year or one percent (1%) annual chance flood in any given year; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
      (5)    Zone A99: Special flood hazard areas inundated by the 100-year or one percent (1%) annual chance) flood to be protected from the 100-year or one percent (1%) annual chance flood by a Federal flood protection system under construction; no base flood elevations are determined.    
      (6)    Zone B and Zone X (shaded): Areas of 500-year or two-tenths percent (.2%) annual chance flood; areas subject to the 100-year or one percent (1%) annual chance flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
      (7)    Zone C and Zone X (unshaded): Areas determined to be outside the 500-year or two-tenths percent (.2%) annual chance floodplain.
      (8)    Zone V: Coastal special flood hazard area subject to a 100-year or one percent (1%) annual chance flood from velocity hazard (wave action); base flood elevations are not determined.
      (9)    Zone VE: and V1-30: Coastal special flood hazard area subject to a 100-year or one percent (1%) annual chance flood event from velocity hazard (wave action); base flood elevations are determined.
   (q)   Flood Insurance Study (FIS): The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
   (r)    Floodproofing: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
   (s)   Flood Protection Elevation: The Flood Protection Elevation, or FPE, is the base flood elevation. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.
   (t)   Floodway: A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
   (u)   Freeboard: A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
   (v)   Historic Structure: Any structure that is:
      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
      (3)   Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
      (4)   Individually listed on the inventory of historic places maintained by City of Sandusky’s historic preservation program, which program is certified by the Ohio Historic Preservation Office.
   (w)   Hydrologic and Hydraulic Engineering Analysis: An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
   (x)   Letter of Map Change (LOMC): A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
      (1)   Letter of Map Amendment (LOMA): A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
      (2)   Letter of Map Revision (LOMR): A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
      (3)    Conditional Letter of Map Revision (CLOMR): A comment by FEMA regarding a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
   (y)   Lowest Floor: The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an “enclosure below the lowest floor” which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
   (z)   Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 4781 of the Ohio Revised Code.
(aa)   Manufactured Home Park: As specified in the Ohio Administrative Code 4781-12-01(K), a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. Manufactured home park does not include any tract of land used solely for the storage or display for sale of manufactured homes. Mean sea level: For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
(bb)   National Flood Insurance Program (NFIP): The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(cc)    New Construction: Structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by Sandusky and includes any subsequent improvements to such structures.
   For the purposes of determining insurance rates, structures for which the “start of construction'' commenced on or after the effective date of the initial FIRM [July 5, 1977], and includes any subsequent improvements to such structures.
   (dd)   Person: Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15(A)(2) as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. “Agency” does not include the general assembly, the controlling board, the adjutant general’s department, or any court.
   (ee)   Recreational vehicle: A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
   (ff)   Registered Professional Architect: A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Revised Code.   
   (gg)   Registered Professional Engineer: A person registered as a professional engineer under Chapter 4733 of the Revised Code.
   (hh)   Registered Professional Surveyor: A person registered as a professional surveyor under Chapter 4733 of the Revised Code.
   (ii)   Special Flood Hazard Area: Also known as “Areas of Special Flood Hazard”, it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, A99 or V,VE. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
   (jj)   Start of construction: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
   (kk)   Structure: A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
   (ll)   Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
   (mm)   Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
      (1)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
      (2)   Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".
   (nn)   Variance: A grant of relief from the standards of these regulations.
   (oo)   Violation: The failure of a structure or other development to be fully compliant with these regulations.
      (Ord. 22-164. Passed 8-22-22.)

1157.03 ADMINISTRATION.

   (a)   Designation of the Floodplain Administrator. The Director of Engineering Services is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
   (b)   Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
      (1)   Evaluate applications for permits to develop in special flood hazard areas.
      (2)   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
      (3)   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
      (4)   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
      (5)    Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofng certificates, VE zone construction certifications, variances, and records of enforcement actions taken for violations of these regulations.
      (6)   Enforce the provisions of these regulations.
      (7)   Provide information, testimony, or other evidence as needed during variance hearings.
      (8)   Coordinate map maintenance activities and FEMA follow-up.
      (9)   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
   (c)   Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1157.01(f), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
   (d)   Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development’s location. Such applications shall include, but not be limited to:
      (1)   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
      (2)   Elevation of the existing, natural ground where structures are proposed.
      (3)   Elevation of the lowest floor, including basement, of all proposed structures.
      (4)   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
      (5)   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
         A.   Floodproofing certification for non-residential floodproofed structure as required in Section 1157.04(e).
         B.   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1157.04(d)(5) are designed to automatically equalize hydrostatic flood forces.
         C.   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1157.04(i)(3).
         D.   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1157.04(i)(2).
         E.   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1157.04(i)(1).
E.   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1157.04 (i)(1).
F.   Generation of base flood elevation(s) for subdivision and other new developments as required by Section 1157.04 (c).
G.    Certification of structural design and methods of construction for VE zone construction as required by Section 1157.04 (i)(4)(A).
      (6)   A floodplain development permit application fee set by the schedule of fees adopted the City of Sandusky.
   (e)   Review and Approval of a Floodplain Development Permit Application.
      (1)   Review.
         A.   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1157.03(d) has been received by the Floodplain Administrator.
         B.   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
      (2)    Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this ordinance, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
   (f)   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
   (g)   Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
      (1)   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner’s representative.
      (2)   For all development activities subject to the standards of Section 1157.03( k)(1), a Letter of Map Revision.
      (3)    For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed Floodproofing Certificate for Non-Residential Structures completed by a registered professional engineer or architect together with associated documentation.
   (h)   Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1157.05 of these regulations.
   (i)    Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
      (1)    Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than two thousand five hundred dollars ($2,500).
   Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
 
   (j)    State and Federal Development.
(1)    Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
(2)    Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by Ohio Revised Code Section 1521.13. This includes, but is not limited to:
A.    Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
B.    Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
C.    Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
      (3)    Development activities undertaken by a federal agency and which are subject to Federal Executive Order (EO) 11988 - Floodplain Management.
         A.    Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
 
   (k)   Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Sandusky's flood maps, studies and other data identified in Section 1157.01(f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
      (1)   Requirement to Submit New Technical Data.
         A.   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
            1.   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
            2.   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
            3.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
            4.   Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section 1157.04 (c).
         B.   It is the responsibility of the applicant to have technical data, required in accordance with Section 1157.03 (k)(1), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
         C.   The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
            1.   Proposed floodway encroachments that increase the base flood elevation; and
            2.   Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
         D.   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1157.03 (k)(1)(A).
      (2)   Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the City Manager of Sandusky, and may be submitted at any time.
      (3)   Annexation / Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Sandusky have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Sandusky’s Flood Insurance Rate Map accurately represent the City of Sandusky boundaries, include within such notification a copy of a map of the City of Sandusky suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Sandusky has assumed or relinquished floodplain management regulatory authority.
 
   (l)   Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
      (1)   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
      (2)   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
      (3)   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1157.05 , Appeals and Variances.
      (4)    Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
 
   (m)    Use of Preliminary Flood Insurance Rate Map and/or Flood Insurance Study Data.
      (1)    Zone A:
         A.    Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall reasonably utilized as best available data.
         B.    When all appeals have been resolved and a notice of final food elevation determination has been provided in a Letter of Final Determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
      (2)    Zones AE, A1-30, AH, AO, VE, and V1-30:
         A.    BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
            1.    Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
            2.    Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
         B.    If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section 1157.04( i)(2) since the data in the draft or preliminary FIS represents the best data available.
      (3)    Zones B, C, and X:
         A.    Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, AO, VE, or V1-30. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
 
   (n)   Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
      (1)   Determine whether damaged structures are located in special flood hazard areas;
      (2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
      (3)   Notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 22-164. Passed 8-22-22.)

1157.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.

   The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 1157.01(f), 1157.03(l), 1157.03(m):
   (a)   Use Regulations.
      (1)   Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Sandusky are allowed provided they meet the provisions of these regulations.
   (b)    Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code:
      (1)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
      (2)   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
      (3)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
   (c)   Subdivisions and Other New Developments.
      (1)    All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
      (2)    All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
      (3)    All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
      (4)   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
      (5)   The applicant shall meet the requirement to submit technical data to FEMA in Section 1157.03 (k)(1)(4) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1157.04 (c)(4).
   (d)   Residential Structures. The requirements of this section apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community’s effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 1157.03(m).
      (1)    New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (1157.04 (d)(1) and construction materials resistant to flood damage (1157.04 (d)(2) are satisfied.
      (2)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
      (3)   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
      (4)   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In zone AO areas, where no flood protection elevation data exists, the structure shall have the lowest floor, including basement, elevated at least two (2) feet above the highest adjacent natural grade.
      (5)    New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
         A.   Be used only for the parking of vehicles, building access, or storage; and
         B.   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
         C.   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
      (6)   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
      (7)   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1157.04 (d).
      (8)   In AO or AH Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
   (e)   Nonresidential Structures. The requirements of this section apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO and AH, when designated on the community’s effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 1157.03(m).
      (1)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1157.04 (d)(1-3 and 5-8).
      (2)   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
         A.   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
         B.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
         C.   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1157.04( e)(2)(A) and (B).
      (3)   In Zone AO areas, where no flood protection elevation data exists, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
   (f)   Accessory Structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO and AH designated on the community’s FIRM. Such structures must meet the following standards:
      (1)   They shall not be used for human habitation;
      (2)   They shall be constructed of flood resistant materials;
      (3)   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
      (4)   They shall be firmly anchored to prevent flotation;
      (5)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
      (6)   They shall meet the opening requirements of Section 1157.04 (d);
   (g)   Recreational Vehicles. Recreational vehicles on sites within zones A, A1-30, AE, AO or AH must meet at least one of the following standards:
      (1)   They shall not be located on sites in special flood hazard areas for more than 180 days, or
      (2)   They must be fully licensed and ready for highway use, or
      (3)    They must be placed on the site pursuant to a floodplain development permit issued under Section 1157.03 (c) and 1157.03 (d) and must meet all of the standards of Section 1157.04( d).
   (h)    Gas or Liquid Storage Tanks.
      (1)    Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
      (2)    In zones V or VE, new or substantially improved above ground gas or liquid storage tanks shall be elevated with the bottom of the lowest horizontal supporting member above BFE on the landward side of buildings.
      (3)    In zones V or VE, new or substantially improved underground gas or liquid storage tanks must be installed below the lowest eroded ground elevation.   
   (i)   Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
      (1)   Development in Floodways.
         A.   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
         B.   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
            1.   Meet the requirements to submit technical data in Section 1157.03( k)(1);
            2.   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
            3.   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
            4.   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
            5.   Concurrence of the City Manager of Sandusky and the Chief Executive Officer of any other communities impacted by the proposed actions.
      (2)   Development in Riverine Areas with Base Flood Elevations but No Floodways.
         A.   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
         B.   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
            1.   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
            2.    Section 1157.04( i)(1)B, items (1) and (3-5).
      (3)   Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the “bankfull stage.” The field determination of “bankfull stage” shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
         A.   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
         B.   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
         C.   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with City of Sandusky specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
         D.   The applicant shall meet the requirements to submit technical data in Section 1157.03 (k)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
      (4)    Development Standards for Coastal High Hazard Areas. The requirements of Section 1157.04(i)(4) apply to development in coastal high hazard areas designated zone V or VE on the community’s effective FIRM [and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 1157.03(m)].
         A.    All new construction and substantial improvements shall be elevated on pilings or columns that may be armored as necessary to withstand Lake Erie ice forces so that:
            1.    The bottom of the lowest horizontal structural member supporting the lowest floor (excluding the pilings or columns) is elevated to or above the flood protection elevation, and
            2.    The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components.
               a.    Water loading values shall be those associated with the base flood.
               b.    Wind loading values shall be those defined according to American Society of Civil Engineers 7-13 Minimum design loads and associated criteria for buildings and other structures, or current version adopted by Ohio Board of Building Standards.
               c.    A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Section 1157.04 (i)(4)(A)(2)(a & b).
         B.    All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice]work, or insect screening intended to collapse without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.
            1.    For the purpose of Section 1157.04 (i)(4)(B), a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot.
            2.    Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or where so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet all of the following conditions:
               a.    Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
               b.    The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values shall be those associated with the base flood. Wind loading values shall be those defined according to American Society of Civil Engineers 7-16 Minimum design loads and associated criteria for buildings and other structures, or equivalent standard.
               3.    All space enclosed by breakaway walls, open wood latticework, or insect screening below the lowest floor shall be used solely for parking of vehicles, building access, or storage.
         C.    The use of fill or redistributed existing fill, placed after the initial identification of Zones V, VE or V1-30 on the community’s FIRM, for structural support of buildings is prohibited.
         D.    Alteration of sand dunes that will increase potential flood damage is prohibited.
         E.    Placement or substantial improvement of manufactured homes must comply with Section 1157.04 (i)(4)(A) through (E).
         F.    Recreational vehicles must either:
            1.    Be on site for fewer than 180 consecutive days;
            2.    Be fully licensed and ready for highway use; or
            3.    Comply with Section 1157.04 (i)(4)(A) through (E).
               (Ord. 22-164. Passed 8-22-22.)

1157.05 APPEALS AND VARIANCES.

   (a)   Appeals Board Established.
      (1)   The City of Sandusky Board of Zoning Appeals established under Chapter 1111 of the Codified Ordinances of the City of Sandusky is hereby appointed to serve as the Appeals Board for these regulations.
      (2)   Records of the Appeals Board shall be maintained by the Clerk of the Board of Zoning Appeals. A copy of the records of any appeal regarding this Chapter 1157 shall also be maintained in the Office of the Floodplain Administrator.
   (b)   Powers and Duties.
      (1)   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
      (2)   Authorize variances in accordance with Section 1157.05(d) of these regulations.
   (c)   Appeal From Any Notice and Order, or Other Official Action of the Floodplain Administrator.
      (1)   Any person adversely affected by any notice, order or other official action of the Floodplain Administrator may request a hearing on the matter before the Appeals Board provided that such person shall file, within twenty-one (21) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator’s decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit a report including any and all necessary pertinent information on which the Floodplain Administrator’s decision was made to the Clerk of the Appeals Board.
      (2)   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal hearing, give notice in writing to parties in interest, and decide the appeal within a reasonable time after the hearing.
   (d)   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
      (1)   Application for a Variance.
         A.   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the application for a variance shall transmit it to the Clerk of the Appeals Board.
         B.   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
         C.    Applications seeking a variance from the Flood Protection Elevation shall include a specific height (in feet) for the requested variance from the standard Flood Protection Elevation.
         D.   All applications for variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the City of Sandusky.
      (2)   Public Hearing for a Variance. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
         A.   The danger that materials may be swept onto other lands to the injury of others.
         B.   The danger to life and property due to flooding or erosion damage.
         C.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
         D.   The importance of the services provided by the proposed facility to the community.
         E.   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
         F.   The necessity to the facility of a waterfront location, where applicable.
         G.   The compatibility of the proposed use with existing and anticipated development.
         H.   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
         I.   The safety of access to the property in times of flood for ordinary and emergency vehicles.
         J.   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
         K.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
Variances shall only be issued upon:
         L.   A showing of good and sufficient cause.
         M.   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
         N.   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
         O.   A determination that the structure or other development is protected by methods to minimize flood damages.
         P.   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
      (3)   Other Conditions for Variances.
         A.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
         B.   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1157.05(d)(2)A. to K. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
         C.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
   (e)   Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Erie County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code. (Ord. 22-164. Passed 8-22-22.)

1157.06 ENFORCEMENT.

   (a)   Compliance Required.
      (1)   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1157.03(i).
      (2)   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1157.06(c).
      (3)   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1157.06(c).
   (b)   Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he or she shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
      (1)   Be put in writing on an appropriate form;
      (2)   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
      (3)   Specify a reasonable time for performance;
      (4)   Advise the owner, operator, or occupant of the right to appeal;
      (5)   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person’s last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
   (c)   Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a first degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Sandusky. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Sandusky from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Sandusky shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 22-164. Passed 8-22-22.)

1159.01 DEFINITIONS.

   As used in this chapter, “Community Entertainment District” means a bounded area that includes or will include a combination of entertainment, retail, educational, sporting, social, cultural or arts establishments within close proximity to some or all of the following types of establishments within the district, or other types of establishments similar to these:
   (a)   Hotels;
   (b)   Restaurants;
   (c)   Retail sales establishments;
   (d)   Enclosed shopping centers;
   (e)   Museums;
   (f)   Performing arts theaters;
   (g)   Motion picture theaters;
   (h)   Night clubs;
   (i)   Convention facilities;
   (j)   Sports facilities;
   (k)   Entertainment facilities or complexes;
   (l)   Any combination of the establishments described in subsections (a) through (k) hereof that provide similar services to the community.
      (Ord. 05-090. Passed 5-9-05.)

1159.02 APPLICATION.

   Any owner of property within the City seeking to have that property, or that property and surrounding property, designated as a Community Entertainment District shall file an application seeking this designation with the Mayor and the City Manager. An application to designate an area as a Community Entertainment District shall contain all of the following:
   (a)   The applicant’s name and address;
   (b)   A map or survey of the proposed community entertainment district in sufficient detail to identify the boundaries of the district and the property owned by the applicant;
   (c)   A general statement of the nature and types of establishments described in Ohio R.C. 4301.80(A) and Section 1159.01 that are or will be located within the proposed Community Entertainment District and any other establishments located in the proposed Community Entertainment District that are not described in Ohio R.C. 4301.80(A) or Section 1159.01;
   (d)   If some or all of the establishments within the proposed Community Entertainment District have not yet been developed, the proposed time frame for completing the development of these establishments;
   (e)   Evidence that the uses of land within the proposed Community Entertainment District are in accord with the Zone Map of the City;
   (f)   A certification from a surveyor or engineer licensed under Ohio R.C. Chapter 4733 indicating that the area encompassed by the proposed Community Entertainment District contains no less than twenty contiguous acres. Where parcels to be included in a Community Entertainment District are located across a public street from one another, the intervening portion of the public street will be part of the Community Entertainment District;
   (g)   An application fee of three hundred dollars ($300.00) shall accompany the application, to cover administrative costs, processing and legal advertisements.
      (Ord. 05-090. Passed 5-9-05.)

1159.03 APPLICATION SUBMISSION AND PROCESSING.

   (a)   Submission and Action by Mayor. The application shall be addressed and submitted to the Mayor and the City Manager. The Mayor, within thirty days after receiving the application, shall submit the application with the Mayor’s recommendation to the Sandusky City Commission. The application is a public record for purposes of Ohio R.C. 149.43 upon its receipt by the Mayor.
   (b)   Public Notice by City Commission. Within thirty days after the City Commission receives the application and the Mayor’s recommendations relating to the application, the Clerk of the City Commission shall, by notice published once a week for two consecutive weeks in at least one newspaper of general circulation in the City, notify the public that the application is on file in the office of the Clerk of the City Commission and is available for inspection by the public during regular business hours. The notice shall also indicate the date and time of any public hearing to be conducted by the Sandusky City Commission.
   (c)   Action by City Commission. Within seventy-five days after the date the application is filed with the Mayor, the City Commission by ordinance or resolution shall approve or disapprove the application based on whether the proposed Community Entertainment District does or will substantially contribute to entertainment, retail, educational, sporting, social, cultural or arts opportunities for the community. Any approval of an application shall be by an affirmative majority vote of the City Commission. In the event that the City Commission fails to act within seventy-five days, the application shall be deemed to be disapproved and the application fee shall be returned to the applicant, minus any advertising fees.
   (d)   Revision and Re-Submission. If the City Commission disapproves the application, the applicant may make changes in the application to secure its approval by the Commission. Any area contained in an application that is approved by the City Commission constitutes a Community Entertainment District and a local option election may be conducted in the District, as a type of community facility, under Ohio R.C. 4301.356.
(Ord. 05-090. Passed 5-9-05.)

1159.04 PROHIBITED USES.

   (a)   Notwithstanding any other provisions of the Codified Ordinances, which may be applicable to existing or planned uses within a Community Entertainment District, sexually oriented businesses as defined in Section 1141.01 shall be prohibited.
   (b)   The possession and consumption of alcohol shall be prohibited in any City park which is either partially or wholly located within a Community Entertainment District as provided in Section 529.07.
   (c)   Designation of an area as a Community Entertainment District pursuant to Ohio R.C. 4301.80 and this chapter shall not preclude nor prevent the City from enforcing any law, ordinance or resolution relating to public nuisances or violations of public health, safety and welfare within the Community Entertainment District including but not necessarily limited to Chapter 519, Noise Control.
   (d)   Property and facilities within a Community Entertainment District shall be developed, constructed, and maintained at all times in accordance with all applicable federal, state and local laws, ordinances, rules and regulations.
(Ord. 05-090. Passed 5-9-05.)

1159.05 REMOVAL OF COMMUNITY ENTERTAINMENT DESIGNATION.

   All or part of an area designated as a Community Entertainment District may lose this designation as provided in Ohio R.C. 4301.80 and by this section. The City Commission after giving notice of its proposed action by publication once a week for two consecutive weeks in at least one newspaper of general circulation in the City, may determine by ordinance or resolution, that all or part of the area fails to meet the standards described in Ohio R.C. 4301.80 and in this chapter for designation of an area as a Community Entertainment District. If the City Commission so determines, the area designated in the ordinance or resolution shall no longer constitute a Community Entertainment District.
(Ord. 05-090. Passed 5-9-05.)

1161.01 INTENT.

   The intent of this Chapter is to: (1) to designate, preserve, protect, and enhance current and future Landmark and Historic properties and structures, and properties within historic districts, within the City of Sandusky; (2) to foster civic pride in and consistent with established long term goals and policies of the City; (3) to stabilize or improve the aesthetic and economic vitality and values of Landmark and Historic sites, structures, and district; (4) to protect and enhance the City's attraction to tourist and visitors; and (5) to promote the use of these sites for the improvements and objects for the education, invigoration, and welfare of the people of the City.
(Ord. 19-041. Passed 3-11-19.)

1161.02 DEFINITIONS.

   (a)   "Alteration" means any act or process that changes one or more of the exterior architecture features of a building or structure; including, but not limited to, the erection, construction, reconstruction, or removal of the building or structure.
   (b)   "Addition" means any act or process that changes one or more of the exterior architectural features of a building or structure by adding to, joining with or increasing the size or capacity of the building or structure.
   (c)   "Archaeological/Historic Landmark Site" means a single site, including the associated buildings, structures, and plant life, which is considered to have historic and/ or prehistoric significance due to its association with past events of historical, cultural, architectural, and/or archeological value.
   (d)   "Building" means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines, and used as a shelter or enclosure for persons, animals, or property. "Building" shall be used synonymously with "structure" unless otherwise noted and shall be construed as if followed by the words "part or parts thereof".
   (e)   “Certificate of Appropriateness” means a certificate issued by the Landmark Commission indicating that a proposed change, alteration, or demolition of a Landmark or Historic building or structure within a historic site, district, or on the National Register of Historic Places, is in accordance with the provisions of this Chapter and local design guidelines.
   (f)   "Change" means any exterior alteration, demolition, removal or construction involving any structures and sites subject to the provisions of this Chapter.
   (g)   "Construction" means the act of constructing an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.
   (h)   "Demolition" means any act or process that destroys in part or in whole any building or structure
   (i)   "Historic District" and/or “Historic Building” means any area or building listed on the National Register of Historic Places.
   (j)   "Historic Structure" means any building or structure which has historic, architectural or archaeological significance and has been so designated according to the provisions of this Chapter. The significance of a property to the history, architecture, archaeology, engineering, or culture of a community, state, or the nation may be achieved in several ways:
      (1)   Association with broad pattern of our history, events, activities, or patterns;
      (2)   Association with important persons;
      (3)   Distinctive physical characteristics of design, construction, or form;
      (4)   Potential to yield information important in history or prehistory (archaeology);
   (k)   "Landmark" means any building, structure or archaeological site that has been designated as a "landmark" by ordinance of the City or Commission, pursuant to procedures proscribed herein, that is worthy of preservation, restoration or rehabilitation because of its historic, architectural or archaeological significance.
   (l)   “Landmark Commission” means the Commission established under the provisions of the enabling legislation.
   (m)   "Owner" means the owner or owners of record.
   (n)   "Preservation" means the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property.
   (o)   "Reconstruction" means the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
   (p)   "Rehabilitation" means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features, which convey its historical, cultural, or architectural values.
   (q)   "Restoration" means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
(Ord. 19-041. Passed 3-11-19.)

1161.03 ESTABLISHMENT OF LANDMARK COMMISSION.

   (a)    The hereby established City of Sandusky Landmark Commission shall consist of seven (7) members; the President of the City Commission or another member of the City Commission designated by the President and confirmed by the City Commission to serve in his place, and six (6) citizens of the City each of whom shall serve without compensation and shall be appointed by the City Commission for a term of three (3) years. The terms of the citizen members shall be so arranged that the term of two members will expire each year.
   (b)    The Landmark Commission shall meet monthly, unless determined otherwise, and at the call of the Chairman and at such other times as the Landmark Commission may determine.
   (c)    The Landmark Commission meetings shall comply with Federal and State laws dealing with public meetings and meeting notices.
   (d)    The Landmark Commission members shall be subject to the provisions of the City Charter and these Codified Ordinances regarding conflict of interest and ethics. In addition, the Landmark Commission members shall be subject to related provisions of the Ohio Revised Code.
   (e)    The Landmark Commission, designated City Staff, or others shall prepare a written report at least once a year, for submission to the City Manager and City Commission that summarizes the Landmark Commission activities, cases, and recommendations. Such reports shall be available for public inspections.
   (f)    At a minimum two (2) members shall be professionals or have expertise in the following disciplines need to be represented: architecture, history, planning, archaeology, or related disciplines, to the extent available within the community.
   (g)   To the extent possible, the Landmark Commission should regularly complete annual training regarding historic preservation provided by Staff.
   (h)    The Landmark Commission shall meet at least four (4) times per year, meetings shall be held in a public place, advertised, and open to the public.
(Ord. 19-041. Passed 3-11-19.)

1161.04 POWERS AND DUTIES OF LANDMARK COMMISSION.

   (a)    To recommend to City Commission legislation for designation of individual landmark properties, sites, and districts that would serve to beautify, protect, preserve, restore, and develop the City.
   (b)    To study problems and determine the needs of the City in restoring and preserving historic buildings, structures, areas, and neighborhoods.
   (c)    To review and act on all applications for Certificates of Appropriateness as required and utilize Roberts Rules of Order for this action.
   (d)   Review applications for changes to existing landmark and historic buildings and sites within the City.
   (e)    Work to erect historic markers to denote landmark and historic buildings within the City.
   (f)    Act as a liaison on behalf of the City of Sandusky to individuals and organizations concerned with historic preservation; educate citizens regarding historic preservation issues and concerns.
   (g)    The Landmark Commission and City Planning Staff shall maintain a surveyed inventory for historic and cultural resources within the City. The inventory will detail designated districts, sites, and/or structures. This inventory will be submitted to the State Historic Preservation Office and open to the public. The inventory shall be updated periodically to reflect changes, alterations, and demolitions. (Ord. 19-041. Passed 3-11-19.)

1161.05 APPROVAL PROCESS FOR DESIGNATION OF LANDMARKS.

   The Landmark Commission shall review all landmark designation applications and make a recommendation of approval or denial based on the Criteria for Designation of Landmark found in Section 1161.06. The City Commission shall have final approval on the application. All applications shall be reviewed by Landmark Commission within forty-five (45) days after a completed application is submitted. Applications must include owners or majority of owners consent in order to be considered complete. All meetings shall be available to the public, and agendas shall be publically advertised. A written notification of the Landmark Commission's recommendation will also be sent to each applicant by regular mail. Detailed minutes of the meeting and decision rendered by the Landmark Commission shall be kept on file and available for public inspection.
(Ord. 19-041. Passed 3-11-19.)

1161.06 CRITERIA FOR DESIGNATION OF LANDMARKS.

   An object, site or building, which is at least fifty (50) years old, may be designated for preservation as a landmark site or landmark district if it has significant character, interest or value as part of the development, heritage, or cultural characteristics of the City, state, or nation, if it has integrity, or the ability to convey its significance, and if it falls into one of the following categories:
   (a)   It is in the location of, or is associated in a significant way with, a historic event with a significant effect upon the community, city, state, or nation; or
   (b)   It is associated in a significant way with the life of a person important in the history of the city, state, or nation; or
   (c)   It is associated in a significant way with a significant aspect of the cultural, political, or economic heritage of the community, city, state or nation; or
   (d)   It embodies the distinctive visible characteristics of an architectural style, or period, or of a method of construction; or
   (e)   It is an outstanding work of a designer or builder; or
   (f)   Because of its prominence of spatial location, contrasts of siting, age, or scale it is an easily identifiable visual feature of its neighborhood or the City and contributes to the distinctive quality or identity of such neighborhood or the City.
   (g)   The Secretary of Interior Standards for Rehabilitation shall be utilized when applications for Certificates of Appropriateness.
   (h)   The property owner shall indicate consent for the Landmark building, structure, or site designation.
   (i)   Sixty percent (60%) of the affected property owners must consent to the proposed Landmark district designation.
      (Ord. 19-041. Passed 3-11-19.)

1161.07 CERTIFICATE OF APPROPRIATENESS.

   (a)   Certificate of Appropriateness shall be required for all changes to existing Landmark and Historic buildings, sites, structures and districts.
   (b)   The Landmark Commission delegates to the Planning Department staff the authority to administratively review and grant a Certificate of Appropriateness without formal action by the Landmark Commission in the following circumstance:
      (1)   The Landmark Commission grants the authority to approve minor changes such as, but not limited to, landscaping, fencing, and changes approved by the State Historic Preservation Office. The Landmark Commission shall have the ability to rescind the granting of said authority.
      (2)   If the Planning Department does not grant administrative approval of an application, the applicant may request that the application be referred to the Landmark Commission and will be considered in accordance with the application review schedule contained in this section.
      (3)   Any changes that were approved by the Planning Department staff shall be communicated to the Landmark Commission at their subsequent meeting.
   (c)   The Landmark Commission shall prepare an application form and a list of the procedures necessary to obtain Certificates of Appropriateness, which shall be made available to the general public. All applicants must submit applications to the Sandusky Planning Department.
   (d)   In evaluating applications for changes to Landmark and Historic buildings, sites or districts, the Landmark Commission shall consider the following standards created by the U.S. Department of the Interior, including:
      (1)   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment;
      (2)   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided;
      (3)   Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken;
      (4)   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved;
      (5)   Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved;
      (6)   Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence;
      (7)   Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible;
      (8)   Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken;
      (9)   New additions, exterior, alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment; and
      (10)   New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
   (e)   All applications for demolition of existing Landmark and Historic buildings, sites, or districts shall include, but are not limited to:
      (1)   A report as to the structural soundness of the building prepared by professionals experienced in preservation and rehabilitation;
      (2)   Estimates of the costs and income for rehabilitation of the building;
      (3)   Estimates of the costs and income for new development;
      (4)   Valuation of the property;
      (5)   Preliminary development plans.
   (f)   The Landmark Commission shall consider the following factors in evaluating applications for demolition of existing Landmark and Historic buildings, sites, or districts:
      (1)   The architectural and historic significance of the building;
      (2)   The significance of the building in contributing to the architectural or historic character of its surroundings;
      (3)   The economic feasibility of rehabilitation and reuse of the building;
      (4)   The extent to which the owner sought out alternative uses for the property;
      (5)   The extent to which the proposed redevelopment implements the goals of the city’s comprehensive plan;
      (6)   If demolition is necessary due to imminent safety hazards, as determined in writing by the City’s Building Department or Fire Department.
   (g)   All applications shall be reviewed by the Landmark Commission within forty-five (45) days after a completed application is submitted, unless the application is approved pursuant to Section 1161.07(b). The applicant shall be given written notice of the meeting at which his or her application will be considered. All Certificate of Appropriateness applications shall be reviewed utilizing the preservation design guidelines, on file at the Planning Department, as well as the Secretary of Interior Standards for Rehabilitation. A written notification of the Landmark Commission's decision will also be sent to each applicant by regular mail.
(Ord. 19-041. Passed 3-11-19.)
 

1161.08 NATIONAL REGISTER PROCESS.

   In accordance with the National Historic Preservation Amendments Act of 1980, the Landmark Commission shall submit a report to the State Historic Preservation Office (SHPO) regarding the eligibility of each property or District proposed for nomination to the National Register within the City. This report shall include the recommendation of the Landmark Commission and the majority of City Commission. A copy of the report prepared by the Landmark Commission for SHPO shall be made available for public inspection.
   The Landmark Commission will be involved in the National Register process in the following manner:
   (a)   The SHPO will forward a copy of completed National Register nominations with a staff review sheet to the Landmark Commission for all properties within the City prior to the preliminary review of the nomination unless the Landmark Commission itself has initiated or reviewed the nomination prior to submission to the SHPO.
   (b)   Following the initial review by Ohio Historic Site Preservation Advisory Board (OHSPAB), the State Review Board, and prior to the final review of the nomination, the Landmark Commission shall inform the SHPO and the property owner(s) as to their opinion regarding the eligibility of the property.
   (c)   If the City Commission recommends that a property not be nominated, the SHPO will so inform the property owner(s), the State Review Board, and the property will not be nominated unless an appeal is filed with the State Historical Preservation Officer under the regulations established for the appeals process which is outlined in 36 CFR (Code of Federal Regulations), Part 60.
   (d)   If either or both the Landmark Commission and the majority of City Commission agree that the property should be nominated, the nomination will be scheduled for final review by the Ohio Historic Site Preservation Advisory Board. If no report is submitted, the nomination will be reviewed within sixty (60) days. The opinion or opinions of the Landmark Commission and the majority of City Commission will be presented to OHSPAB for its consideration.
   (e)   The Ohio Historic Site Preservation Advisory Board after considering all opinions shall make its recommendation to the State Historic Preservation Officer. Either the Landmark Commission or the majority of City Commission may appeal the final decision of the SHPO under the aforementioned appeals procedure.
   (f)   If necessary, the Landmark Commission shall seek assistance of academics or others from professional disciplines when considering a National Register nomination.
      (Ord. 19-041. Passed 3-11-19.)

1161.09 ENFORCEMENT AND PENALTIES.

   (a)   If it is found that any of the provisions of these standards are being violated, a person or a corporation shall be guilty of a misdemeanor of the fourth degree where: any violation of any of the provisions of this zoning code exists in a building or tract of land, and a stop work order or notice of zoning violation has been served on the owner agent, lessee, or tenant of the building of tract of land, or part thereof, or upon the architect, builder, contractor, or any person who commits or assists in any violation, and the person fails to comply with such order within seventy-two (72) hours of receipt of a stop work order or written notice.
   (b)   Any persons who fails to comply within the specified time shall be guilty of a misdemeanor of the fourth degree with each day the violation continues being a separate offense.
   (c)   Filing an appropriate appeal to any order issued pursuant to the provision of Section 1109.07 shall toll the time for compliance with such order until the appeal is ruled upon.
(Ord. 19-041. Passed 3-11-19.)

1161.10 APPEALS PROCEDURES.

   (a)   Decisions by the Landmark Commission may be appealed in writing to the City Commission within ten (10) days of the Landmark Commission hearing. No building permit or other permit required for the activity applied for shall be issued during the ten-day period or while an appeal is pending.
   (b)   The City Commission shall consider an appeal within thirty (30) days of receipt and shall utilize the written findings of the Landmark Commission in rendering their decision. A simple majority vote of the City Commission membership shall be required to overturn or modify a decision of the Landmark Commission.
(Ord. 19-041. Passed 3-11-19.)

1161.11 MINIMUM MAINTENANCE REQUIREMENTS.

   (a)   No owner of a building or structure in the historic district shall by willful action or willful neglect, fail to provide sufficient and reasonable care in the maintenance and upkeep to assure such building's perpetuation and to prevent its destruction by deterioration. The owner of a protected property shall provide sufficient maintenance to ensure its protection from hazards and to prevent deterioration or destruction.
   (b)   It shall be the duty of the Building Department and Division of Code Compliance to enforce this Section according to the City’s Building Code. The Landmark Commission, on its own initiative, may notify the Division of Code Compliance and request that action is taken against any owner who is in violation of this Section.
(Ord. 19-041. Passed 3-11-19.)