Sylvania City Zoning Code

TITLE ONE

Zoning Administration

1101.01 ACCESSORY USE OR STRUCTURE.

"Accessory use" or "accessory structure" means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

1101.02 ADULT ARCADE.

"Adult Arcade" means any establishment offering adult material as a substantial portion of its stock-in-trade, to which the public is permitted or invited for any form of consideration and wherein coin operated, slug operated, or 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 depiction or display of specified sexual activities or specified sexual anatomical areas.

1101.03 ADULT BOOKSTORE.

"Adult Bookstore" means any establishment that offers adult materials for retail sale or rental as a substantial portion of its stock-in-trade, for any form of consideration, including printed matter, visual representations, instruments, devices or paraphernalia.

1101.04 ADULT CABARET.

"Adult Cabaret" means a nightclub, bar, restaurant, or other similar establishment that features, as a substantial portion of its business, live performances characterized by the exposure of specified sexual anatomical areas or by the depiction of specified sexual activities, and by films, motion pictures, computer files or software, laser discs, video cassettes, DVD's, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material characterized by the emphasis upon the depiction or description of specified sexual activities or specified sexual anatomical areas.

(Ord. 55-2011. Passed 7-18-11.)

1101.041 ADULT DAY SERVICE FACILITY.

As defined in Rule 173-39-02.1 of the Ohio Administrative Code, “Adult day service facility” means a regularly scheduled service delivered at an Adult Day Service Facility, which is a non-institutional, community-based setting and does not provide overnight accommodations. Adult Day Service includes recreational and educational programming to support an individual’s health and independence goals; at least one meal, but not more than two meals per day; and, sometimes, health status monitoring, skilled therapy services, and transportation to and from the Adult day service center. (Ord. 31-2017. Passed 8-21-17.)

1101.05 ADULT MATERIALS.

"Adult Materials" means media, matter, or services distinguished or characterized by the emphasis on specified sexual anatomical areas or specified sexual activities. Adult materials may include any one or more of the following: books, magazines, newspapers, periodicals, pamphlets, posters, prints, pictures, photographs, slides, transparencies, figures, images, descriptions, motion picture films, video cassettes, compact discs, laser discs, DVDs, computer files or software, phonographic records, tapes, or other printed matter, visual representations, tangible devices or paraphernalia designed for use in connection with specified sexual activities, or any service capable of arousing prurient interest through sight, sound or touch.

1101.06 ADULT MOTEL.

"Adult Motel" means a hotel, motel, or similar commercial establishment that offers accommodation to the public for any form of consideration, provides patrons with close-circuit television transmissions, films, motion pictures, laser discs, videocassettes, DVDs, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities, or adult material, and:

(a) Has a sign visible from the public right-of-way that advertises the availability of adult and/or sexually explicit materials along with room rentals, or

(b) Offers a sleeping room for rent for a period of time that is less than ten (10) hours, or

(c) 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.

1101.07 ADULT MOTION PICTURE THEATER.

"Adult Motion Picture Theater" means an establishment where, for any form of consideration, films, motion pictures, computer files or software, laser discs, video cassettes, DVD's, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the description of specified sexual activities or specified sexual anatomical areas.

1101.08 ADULT-ONLY ENTERTAINMENT ESTABLISHMENT.

"Adult-Only Entertainment Establishment" means an establishment where the patron directly or indirectly is charged a fee and where the establishment features entertainment or services, such as exhibitions, dance routines, gyrational choreography, lingerie modeling, lingerie dancers, strippers (male or female), female impersonators, or similar entertainment, performed by persons who exhibit specified sexual anatomical areas, depict specified sexual activities, or which otherwise involves or constitutes "adult materials" as previously defined.

1101.09 ADULT THEATER.

"Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment that features, as a substantial portion of its stock-in-trade, persons or live performances that are characterized by the exposure of specified sexual anatomical areas or specified sexual activities.

1101.10 AGRICULTURE.

"Agriculture" means plowing, tillage, cropping, installation of best management practices, seeding, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting and facilities related to agricultural processing plants or facilities), marijuana cultivation and roadside stands. Agriculture as defined herein does not include raising of farm animals, whether used for personal enjoyment or for commercial purposes. Horses are not defined as farm animals provided they do not exceed three in number and are kept on parcels of land that are 5 acres or more. “Agriculture” also does not include private gardens for the production of small quantities of food primarily for consumption by the owner of the property on which the private gardens are maintained.

(Ord. 62-2017. Passed 11-6-17.)

1101.11 ART EDUCATION FACILITY, PRIVATE.

"Art Education Facility, Private" means a place where classes in the various arts (e.g. dance, painting, sculpting, music and singing lessons) are taught to individual persons or groups of persons.

1101.111 BAKERY WHOLESALE.

“Bakery, Wholesale” means any establishment having its principal or predominant use the production of baked goods produced on the premises for sale to another business. Baked goods produced on the premises are available for consumption on the premises but are not the principal or predominant use of the establishment. (Ord. 96-2023. Passed 2-5-24.)

1101.12 BED AND BREAKFAST.

For the purposes of the Zoning Code a "Bed and Breakfast Inn" means an owner-occupied residential single-family structure wherein lodging and breakfast only are provided to transient guests for compensation.

1101.13 BILLBOARD.

"Billboard" means a structure upon which a sign is located which directs attention to a business, commodity, service or entertainment, which is located or provided elsewhere than upon the premises where such structure is located. A billboard is also a board, panel, or tablet used for the display of posters, printed or painted advertising matter, either illuminated or non-illuminated, that directs attention to goods, merchandise, entertainment, or services offered elsewhere than the premises where the sign is located.

1101.14 BOARD.

"Board" means the Sylvania City Board of Appeals. (Ord. 35-68. Passed 7-15-68.)

1101.15 BUILDABLE PORTION OF A LOT.

"Buildable Portion of a Lot" means the portion of a lot other than required yards upon which the main building may be located under the terms of this Zoning Ordinance.

1101.16 BUILDING.

"Building" means any structure, including a roof supported by walls, designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

1101.17 BUILDING HEIGHT.

"Building Height" means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface if a flat roof, to the deckline of a mansard roof and to the mean height level between eaves and ridges for a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished surface of the ground adjacent to the exterior walls of the building.

1101.18 BUILDING, MAIN.

"Building, Main" means a building in which is conducted the principal or primary use of the zoning lot on which it is situated.

1101.19 BUSINESS.

"Business" means the purchase, sale or exchange of goods, merchandise or services, and the maintenance or operation of offices and recreational or amusement enterprises.

1101.20 BUSINESS TRAILER.

"Business Trailer" means a trailer used for the hauling or transporting of any machinery, device, materials or equipment in connection with a commercial enterprise whether or not such trailer is marked or identified by lettering, symbols or signs relating to such commercial purpose or enterprise.

1101.201 CAR WASH.

“Car Wash” means a building, or portion thereof, containing facilities for washing one or more automobiles at any one time, using production line methods such as a chain conveyor, blower, steam cleaning device, or other mechanical devices, or providing space, water, equipment, or soap for the complete or partial cleaning of such automobiles, whether by operator or by customer. (Ord. 99-2024. Passed 11-4-24.)

1101.21 CELLAR.

"Cellar" means that portion of a building which is entirely below grade, or which is less than four and one-half feet above grade.

1101.22 COMMERCIAL PARKING LOT AND GARAGE.

"Commercial Parking Lot and Garage" means a tract of land or building used for the storage of motor vehicles which is not accessory to any other use on the same or any other lot.

1101.23 COMMISSION.

"Commission" means the Sylvania Municipal Planning Commission.

1101.24 COPY OR BUSINESS CENTER.

"Copy or Business Center" means a retail establishment that provides primarily photocopying services, along with incidental business support services such as document binding, computer work stations with internet access, overnight shipping of materials less than 150 pounds and the incidental sale of office supplies.

1101.25 CULTURAL CENTERS AND MUSEUMS.

"Cultural Centers and Museums" mean places such as, but not limited to museums, art galleries, and libraries by a public or private, nonprofit facility.

1101.26 CURB GRADE.

"Curb Grade" means the elevation of the established curb in front of a building measured at the center of such front. Where no curb grade has been established, the Service Director shall establish such curb grade for the purpose of this Zoning Ordinance.

1101.27 DRIVE-THROUGH WINDOW SERVICE.

"Drive-Through Window Service" means a building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service.

1101.28 DWELLING.

"Dwelling" means a building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one or more families. A dwelling includes a permanently sited manufactured home and an industrialized unit, as separately defined, but does not include a mobile home.

1101.29 DWELLING, ATTACHED.

"Dwelling, Attached" means a dwelling which is joined to one other dwelling at one or more sides by a party wall or walls. Attached dwellings may also be structures where one or more of the building's sides rests directly on a lot line and attaches to a neighboring dwelling (sometime also called zero lot line).

1101.30 DWELLING, DETACHED.

"Dwelling, Detached" means a dwelling which is entirely surrounded by open space on the same lot.

1101.31 DWELLING, SINGLE-FAMILY.

"Dwelling, Single-Family" means a residence designed for or occupied by one family only. A single-family dwelling may include an industrialized unit, as separately defined, a permanently sited manufactured home, as separately defined, or a conventional site-built structure.

1101.32 DWELLING, SINGLE-FAMILY IN A MIXED USE BUILDING.

"Dwelling, Single-Family, in a Mixed Use Building" means a residence designed for or occupied by one family only, and located within a structure containing non-residential uses otherwise permitted in the applicable zoning district. Single family dwellings may often be located above the ground floor of an institutional, office, commercial, or retail use.

1101.33 DWELLING, TWO-FAMILY.

"Dwelling, Two-Family" means a residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.

1101.34 DWELLING, MULTIPLE.

"Dwelling, Multiple" means a residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.

1101.35 DWELLING UNIT.

"Dwelling Unit" means a room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating purposes.

1101.36 EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY.

"Educational Facilities, College/University" means an educational institution authorized by the state of Ohio to award associate, baccalaureate, or higher degrees.

1101.37 EDUCATIONAL FACILITIES, ELEMENTARY SCHOOL.

"Educational Facilities, Elementary School" means a facility that serves students between the kindergarten and high school levels.

1101.38 EDUCATIONAL FACILITIES, HIGH SCHOOL.

"Educational Facilities, High School" means ninth, tenth, eleventh, and twelfth grades.

1101.39 EDUCATIONAL FACILITIES, JUNIOR HIGH SCHOOL.

"Educational Facilities, Junior High School" means a school which provides educational instruction for not more than the first year of high school and not more than the upper two elementary grades.

1101.40 EDUCATIONAL FACILITIES, NURSERY SCHOOL OR PRESCHOOL.

"Educational Facilities, Nursery or Preschool" means a school that is primarily educational in nature oriented toward the needs of a child of three to five years of age. This definition also includes any day care center which receives children between the ages of two and six years and which is established and professionally operated primarily for educational purposes to meet the developmental needs of the children served. Preschools are facilities that provide day care with or without educational services for children not yet attending elementary school.

1101.41 EDUCATIONAL FACILITIES, VOCATIONAL OR TRADE SCHOOL.

"Educational Facilities, Vocational or Trade School" means a school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition includes schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling, school, etc.).

1101.42 ENTERTAINMENT FACILITY, COMMERCIAL.

"Entertainment Facility, Commercial" means any use which is generally related to the entertainment field, such as theaters and nightclubs, concert halls and similar entertainment activities, but excludes an adult entertainment center or establishment, as separately defined.

1101.43 ESCORT AGENCY.

"Escort Agency" means a person or business association, who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. The escort is 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.

1101.44 FAMILY.

"Family" means one or more persons occupying a single housekeeping unit and using common cooking facilities, provided that unless a majority of the members are related by blood or marriage, no such family shall contain over five persons.

1101.45 FARM ANIMALS.

"Farm Animals" means horses, ponies, mules, burros, sheep, cattle, rabbits, chickens, ducks, geese, pigs, goats, turkeys, pigeons, pheasants, ostrich, emu, rhea, llamas, or similar animals not normally considered a domestic animal or customary household pet.

1101.46 FENCE.

"Fence" means a tangible barrier constructed of any allowable material erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

1101.47 FLOOR AREA.

"Floor Area" means the total usable floor area in a building, measured from the outside of the exterior walls or from the centerline of party walls, and including interior balconies and mezzanines, elevator shafts, stairwells and utility rooms, but excluding cellars, garages and unheated porches and breezeways.

1101.48 FLOOR AREA RATIO (FAR).

"Floor Area Ratio" means the area of all buildings or structures on a lot divided by the area of said lot.

1101.49 FRATERNITY OR SORORITY HOUSE.

"Fraternity or Sorority House" means a house occupied by a college or university fraternity containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining area maintained exclusively for members of the fraternity and their guests or visitors.

1101.50 FRONTAGE.

"Frontage" means all the property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

1101.51 GROUND FLOOR AREA.

"Ground Floor Area" means the total area on the ground floor, measured from the outside of the exterior walls, including enclosed porches and breezeways, and garages which have living area above them. (Ord. 35-68. Passed 7-15-68.)

1101.52 HOME OCCUPATION.

“Home occupation” means an occupation, profession, activity or use that is clearly a customary, secondary and incidental use of a residential dwelling unit which does not alter the exterior of the property or affect the residential character of the neighborhood. Home occupations include, but are not limited to the following. “Adult Day Care Facilities” limited to not more than three (3) adults and family day care homes limited to not more than six (6) children. A home occupation is also defined as being a use that:

(a) Is carried on by an occupant of a dwelling as an accessory activity to the main residential use of the building.

(b) Does not employ persons on the premises, other than residents of such dwelling.

(c) Is not reasonably objectionable to adjacent residences due to noise, hours of operation, traffic, electrical interference, etc.

(d) The physical on-site activity associated with the home occupation is conducted wholly within the dwelling of an accessory or structure.

(Ord. 31-2017. Passed 8-21-17.)

1101.53 HOTEL.

An establishment providing sleeping accommodations and customary lodging services, including maid service, the furnishing and upkeep of bed linens, and telephone and desk service for a fee. Related ancillary uses may include but shall not be limited to conference and meeting rooms, banquet halls, restaurants, bars, and recreational facilities. Hotels commonly provide a central lobby that provides primary access to elevators and guest rooms.

1101.54 HOTEL, EXTENDED STAY.

"Extended Stay Hotels" mean any building containing six or more units intended or designed to be rented to guests containing kitchen facilities for food preparation. Extended-stay lodging facilities may contain lobbies, conference rooms, meeting rooms, child play areas, or restaurants.

1101.55 INDUSTRIAL UNIT.

"Industrial Unit" means a building unit or assembly or closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. "Industrialized Unit" includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity.

1101.56 INSTITUTION.

"Institution" means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

1101.57 JUNK YARD.

"Junk Yard" means any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being restored to operation, or any land used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, but excluding such uses taking place entirely within a completely enclosed building.

1101.58 KENNEL.

"Kennel" means any lot or premises on which four or more dogs, older than four months of age, are kept.

1101.59 LIVE WORK AREAS.

"Live Work Areas" are places or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Examples of live work areas include, but are not limited to, artist and craft studios and various types of offices. The living space is dedicated to one or more persons who work at the associated commercial activity.

1101.60 LOT.

For zoning purposes, as covered by this Zoning Ordinance, "Lot" means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:

(a) A single lot of record.

(b) A portion of a lot of record.

(c) A combination of complete lots of record, or complete lots of record and portions of lots of record or of portions of lots of record.

(d) A parcel of land described by metes and bounds.

In no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Zoning Ordinance.

1101.61 LOT OF RECORD.

"Lot of Record" means a lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder.

1101.62 LOT TYPES.

The diagram below illustrates terminology used in this Zoning Ordinance with reference to corner lots, interior lots and through lots.

(a) Corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a Corner Lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked A (1) in the diagram.

(b) Interior lot, defined as a lot other than a corner lot with only one frontage on a street other than an alley.

(c) Through lot, defined as a lot other than a corner lot with frontage on more than one street other than an alley. Through Lots with frontage on two streets may be referred to as double-frontage lots.

1101.63 LOT WIDTH.

"Lot Width" means the horizontal distance between side lot lines measured at a point equal to the required front setback.

1101.64 MANUFACTURED HOME.

"Manufactured Home" means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974", 88 Stat. 700, 5401, 5403 and that has permanent label or tag affixed to it, as specified in 5415, certifying compliance with all applicable federal construction and safety standards.

1101.65 MANUFACTURED HOME, PERMANENTLY SITED.

"Manufactured Home, Permanently Sited" means a manufactured home affixed to a permanent foundation (permanent masonry, concrete, or a footing or foundation) and connected to appropriate facilities. The structure, excluding any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point, and a total living area, excluding garages, porches or attachments, of at least nine hundred square feet. The structure also has minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhand, including appropriate guttering, and was manufactured after January 1, 1995.

1101.66 MANUFACTURING.

"Manufacturing" means the making of anything by any agency or process.

1101.67 MASSAGE.

"Massage" means touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).

1101.68 MASSAGE PARLOR.

"Massage Parlor" means an establishment offering massage and/or body work by a person or persons not licensed under Ohio R.C. 4731.16 or under the direct supervision of a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor, or osteopath with or without the use of therapeutic, electrical, mechanical, or bathing devices. A massage parlor is not a massage studio as separately defined herein.

1101.69 MASSAGE STUDIO.

"Massage Studio" means an establishment offering massage therapy and/or body work by a massage therapist licensed under ORC 4731.16 or under the direct supervision of a licensed physician, or other licensed medical professional. A massage studio does not include a massage parlor.

1101.70 MASSAGE THERAPY.

"Massage Therapy" means the profession in which a State of Ohio certified massage therapist applies massage techniques with the intent of positively affecting the health and well-being of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs, (ii) use hand held tools or devices designed as t-bars or knobbies, and (iii) instruct self care and stress management. 'Manual' means by use of hand or body.

1101.71 MICROBREWERY.

"Microbrewery" means a facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail, or wholesale, on or off premise, with a capacity of not more than 15,000 barrels per year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.

1101.72 MOBILE HOME.

"Mobile Home" means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length or, when erected on site, is three-hundred twenty or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in division (C) (4) of section 3781.06 of the Revised Code or as an industrialized unit as defined in divisions (C)(3) of section 3781.06 of the Revised Code.

1101.73 MOBILE HOME PARK.

"Mobile Home Park" means a parcel of land under single ownership or control which has been planned and improved for the placement of two or more mobile homes.

1101.74 MOTEL.

"Motel" means a building or series of buildings in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit.

1101.75 NUDE MODEL STUDIO.

"Nude Model Studio" means any place where a person who exhibits specified sexual anatomical areas is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. A Nude Model Studio shall not include a proprietary school licensed by the State of Ohio or a College, Junior College, or University supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a College, Junior College, or University supported entirely or partly by taxation, or in a structure provided such institution meets all of the following criteria:

(a) There is no sign visible from the exterior of the structure and no other advertising that indicates a person exhibiting specified sexual anatomical areas is available for viewing; and

(b) In order to participate in a class, a student must enroll at least three days in advance of the class; and

1101.76 NURSING HOME.

"Nursing Home" means a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept and provided with food or shelter and care, for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.

1101.77 PERSON.

"Person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular. "Shall" is mandatory and "may" is permissive. "Used" or "occupied" includes the words "intended", "designed" or "arranged to be used or occupied". "Lot" includes "plot" or "parcel".

1101.78 PORTABLE STORAGE CONTAINERS.

A moving and storage service whereby the company delivers and leaves a storage container on-site for the customer to pack. The storage container is then picked up and moved to a company warehouse or the customer's destination for unpacking and subsequent removal.

1101.79 PRINTING PLANT.

"Printing Plant" means a high volume commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing. Raw materials and finished products are commonly shipped into and out of a printing plant via semi trucks. A "Print Shop" is distinct from a "printing Plant" as separately defined.

1101.80 PRINT SHOP.

"Print Shop" means a facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and including offset printing. A "Print Shop" is distinct from a "Printing Plant" or "Copy or Business Center" as separately defined.

1101.81 RECREATIONAL EQUIPMENT.

"Recreational Equipment" includes the following words and phrases:

(a) "Boats" and "boat trailers" include boats, floats, personal watercraft, rafts and snowmobiles plus the normal equipment to transport the same on the highway.

(b) "Folding tent trailer" means a folding canvas structure mounted on wheels and designed for travel and vacation uses.

(d) "Pick-up Camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and a vacation uses.

(e) "Trailer" means a cart or wagon designed to be pulled by an automobile, van, truck or tractor for hauling boats, floats, rafts, canoes, snowmobiles, motorcycles and other recreational equipment and devices, as well as those carts or wagons used for utility purposes, i.e., hauling landscaping materials, furniture and household goods, plus the normal equipment to transport the same on the highway.

(f) "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and is permanently identified as a "travel trailer" by the manufacturer.

1101.82 RESTAURANT.

"Restaurant" means a structure in which the principal use is the preparation and sale of food and beverages. A restaurant is an establishment maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools. This use may include incidental delivery service using no more than two delivery vehicles.

1101.83 RESTAURANT, DRIVE IN.

A building and adjoining parking area used for the purpose of furnishing food, soft drinks, ice cream, and similar confections to the public normally for consumption outside the confines of the principal permitted building, or in vehicles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided inside for the patrons. Food service is provided primarily while patrons remain in their vehicles.

1101.84 RESTAURANT, WITH DRIVE-THROUGH WINDOW SERVICE.

"Restaurant, with Drive-Through Window Service" means a restaurant where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed.

1101.85 RESTAURANT, WITH OUTDOOR CUSTOMER DINING AREA.

"Restaurant, with Outdoor Customer Dining Area" means a restaurant with a dining area located outdoors of a food service establishment. The outdoor dining area is commonly a seating area with tables and chairs for restaurant patrons. This outdoor seating may be in addition to the indoor seating or it may be the only seating available in the restaurant.

1101.86 RETAIL SALES ESTABLISHMENT.

"Retail Sales Establishment" means an establishment engaged in sale or rental or merchandise with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by definition. Establishments are typically engaged in selling commodities or goods in small quantities to ultimate customers or consumers.

1101.861 MEDICAL MARIJUANA DISPENSARY.

“Medical Marijuana Dispensary” means an entity licensed pursuant to sections 3796.04 and 3796.10 of the Revised Code and any rules promulgated thereunder including Administrative Code Chapter 3796:6 to sell medical marijuana to qualifying patients and caregivers.

(Ord. 21-2018. Passed 7-16-18.)

1101.87 SATELLITE DISH RECEIVING STATION.

"Satellite Dish Receiving Station" means an antenna of any size, shape or description, designed for the purpose of receiving microwave transmissions directly or indirectly from satellites.

1101.88 SCREEN.

"Screen" means a neat, orderly and healthy screen of evergreen or other plant material suitable for the purpose intended, not less than three feet high with an expected normal growth to five feet in height, and, where necessary, protected by a galvanized wire link fence at least five feet high. A decorative wooden or masonry fence or other decorative material or landscaping may be substituted for the vegetation. Bumper guards or wheel stops shall be provided as necessary to prevent damage to a required screen or fence by automobiles.

1101.89 SEXUALLY-ORIENTED BUSINESS.

"Sexually-Oriented Business" means an establishment where a substantial portion of the use is related to adult materials, visual representations, performances, or services characterized by an emphasis upon specified sexual activities or specified sexual anatomical areas, including an: adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult-only entertainment establishment, adult theater, escort agency, nude model studio, massage parlor, sexual encounter center, or sexually-oriented spa more specifically defined hereunder by this Zoning Code.

1101.90 SEXUAL ENCOUNTER CENTER.

"Sexual Encounter Center" means a business or commercial enterprise that for any form of consideration offers activities or physical contact, including wrestling or tumbling, between male and female persons and/or persons of the same sex when one or more of the persons exhibits or displays specified sexual anatomical areas for the purpose of specified sexual activities.

1101.91 SEXUALLY-ORIENTED SPA.

"Sexually-Oriented Spa" means a place or structure that provides bathing, saunas, showers or hot tubs, and engages in or offers to engage patrons in specified sexual activities or activities commonly associated with a sexual encounter center, for any form of consideration.

1101.92 SIDEWALK CAFÉ.

"Sidewalk Café means a portion of an eating or drinking place, located on a public sidewalk that provides wait staff and is either an enclosed or unenclosed sidewalk cafe as defined. No portion of a sidewalk café shall be used for any purpose other than dining and circulation therein.

1101.93 SPECIFIED SEXUAL ANATOMICAL AREAS.

"Specified Sexual Anatomical Areas" means the showing of less than completely and opaquely covered human: genitals; pubic region; vulva; buttocks; anus; anal cleft; or human male genitals in a discernible turgid state even if completely and opaquely covered. The showing of the lower portion of the female breast below a horizontal line across the top of the areola at its highest point, but not including any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bath suit, or other wearing apparel provided the areola or nipple is not exposed in whole or in part.

1101.94 SPECIFIED SEXUAL ACTIVITIES.

"Specified Sexual Activities" includes any of the following as part or in connection with any of the uses of an establishment set forth in this Zoning Code:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b) Sexual activity, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, sadomasochistic activities, or bestiality;

(d) Excretory functions, actual or simulated, including urination, defecation, male ejaculation, or the aftermath of male ejaculation.

1101.95 STORY.

"Story" means a portion of a building between a floor and the floor next above it, or the ceiling above it, and which is four and one-half feet or more above the average elevation of the finished surface of the ground adjacent to the exterior walls of the building.

1101.96 STORY, HALF.

"Half Story" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more that three feet above the floor of such story.

1101.97 STREET LINE.

"Street Line" means the right-of-way line of a street.

1101.98 STRUCTURE.

"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to buildings, mobile homes, walls, fences, towers, billboards and poster panels.

1101.99 STRUCTURAL ALTERATIONS.

"Structural Alterations" means any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders, or any substantial change in the roof or any exterior walls, excepting such repair or replacement as may be required for the safety of the building.

1101.100 TEA HOUSE.

"Tea house" means an owner-occupied residential single-family structure wherein tea and other non-alcoholic beverages and light refreshments and appetizers are served.

1101.101 TEMPORARY OUTDOOR RETAIL OPERATIONS.

"Temporary Outdoor Retail Operations" means farmer's markets; seasonal sales of Christmas trees, pumpkins, or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales.

1101.102 YARD.

"Yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from thirty inches above the general ground level of the graded lot upward. However, fences and walls may be permitted in any yard subject to height limitations as indicated herein.

1101.103 YARD, FRONT.

"Front Yard" means a yard extending between side lot lines across the front of a lot. On a Corner Lot, the owner may elect either street frontage as the front yard.

Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

1101.104 YARD, SIDE.

"Yard, Side" means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard.

In the case of Through Lots, side yards shall extend from the rear lines of the front yards required. In the case of Corner Lots there shall be only one side yard, adjacent to an interior lot.

Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established.

1101.105 YARD, REAR.

"Yard, Rear" means a yard extending across the rear of the lot between the side lot lines. In the case of Through Lots there shall be no rear yard. On all other lots the rear yard shall be at opposite ends of the lot from the front yard.

Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established. When a lot is adjacent to an alley the required rear yard may be measured from the center of the alley, and one-half of the alley width may be considered a portion of the required rear yard.

1101.106 WINE BAR.

"Wine Bar" means an establishment devoted to the sampling and sales of wine or liquors produced on or off the premises. Sale of food or incidental provision of food with or without compensation may also be involved.

1101.107 ZONING ORDINANCE.

"Zoning Ordinance" or "Ordinance" as used in Titles One to Five of this Part Eleven - Planning and Zoning Code means Ordinance 35-68, passed July 15, 1968, as amended.

1103.01 ADMINISTRATION AND ENFORCEMENT.

A Zoning Administrator designated by the Mayor shall administer and enforce this Zoning Ordinance. If the Zoning Administrator finds that any of the provisions of this Zoning Ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Zoning Ordinance to insure compliance with or to prevent violation of its provisions.

1103.02 ZONING CERTIFICATE REQUIRED.

No person shall use or occupy, or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a zoning certificate has been issued therefore by the Zoning Administrator stating that the proposed building and its use or the proposed open use of land conforms to the requirements of this Zoning Ordinance. No zoning certificate shall be issued, nor a building permit approved, except in conformity with the provisions of this Zoning Ordinance, except after written order from the Board of Appeals. (Ord. 35-68. Passed 7-15-68.)

1103.022 ZONING CERTIFICATES FOR DEMOLITION OF STRUCTURES CONSTRUCTED MORE THAN SIXTY-FIVE YEARS PRIOR TO THE REQUEST FOR ZONING CERTIFICATE FOR DEMOLITION.

(a) No zoning certificate for demolition of any structure in Sylvania constructed more than sixty-five years prior to the requests for zoning certificate for demolition shall be issued without the owner first posting on the exterior of the structure a sign, the size and specifications of which shall be designated by the Zoning Administrator, stating the intent to demolish the premises thirty days prior to the commencement of demolition. The 30-day period shall commence as of the later of the time of posting or thirty days from the date of application. During the 30-day period, the owner shall permit the Sylvania Historical Society, or a similar historic preservation organization, access to the structure to map, photograph, measure or otherwise preserve the history of said structure.

(b) This section shall not apply if immediate demolition is required for the preservation of public health, safety and welfare or if the Mayor should determine that the property is of no historical significance.

(Ord. 6-2002. Passed 1-7-02; Ord. 42-2012. Passed 7-6-2012.)

1103.03 COMPLIANCE WITH SUBDIVISION RULES AND REGULATIONS REQUIRED.

No zoning certificate shall be issued, nor a building permit approved, for any parcel of land created in violation of the subdivision rules and regulations of the City.

1103.04 APPLICATION FOR ZONING CERTIFICATE.

(a) Applications for zoning certificates shall be made to the Zoning Administrator, and shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon or used; the exact sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed building or alteration or use of land, and the detailed location and size of all required off-street parking and loading areas. The application shall include such other information as lawfully may be required by the Zoning Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and/or land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; easement locations; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Zoning Ordinance.

(b) Where any required information, such as a Site Plan, is placed on a building permit application, such information may be omitted from the application for a zoning certificate, and the zoning certificate shall make reference to the date and number of the building permit application. A zoning certificate may be issued at the same time the Zoning Administrator approves the zoning aspects of a building permit application.

(c) One copy of the Zoning Certificate shall be returned to the applicant by the Zoning Administrator after he has marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy, similarly marked, shall be retained by the Zoning Administrator. The Zoning Administrator shall maintain a record of all Zoning Certificates, and copies shall be furnished upon request to any person.

(d) Failure to obtain a zoning certificate shall be a violation of this Zoning Ordinance and punishable under Section 1103.99.

1103.05 ISSUANCE OF BUILDING PERMIT; TIME REQUIREMENT.

No Building Permit shall be issued for any parcel of land unless the application for such permit is made within eighteen months from the date of the issuance of the required Zoning Certificate.

1103.06 ZONING CERTIFICATES FOR EXISTING CONFORMING USES.

Uses of buildings or land existing at the time of passage of this Zoning Ordinance or amendments thereto, which conform to the requirements of this Zoning Ordinance, do not need a Zoning Certificate. However, if the owners or occupants desire a zoning certificate, the Zoning Administrator shall issue same at the standard fee after ascertaining that the use of the building and/or land conforms to the Zoning Ordinance.

1103.07 ZONING CERTIFICATES REQUIRED FOR NONCONFORMING USES.

No nonconforming structure or use shall be maintained, renewed, changed or extended until a Zoning Certificate has been issued by the Zoning Administrator. The Zoning Certificate shall state specifically wherein the nonconforming use differs from the provisions of this Zoning Ordinance. After enactment or amendment of this Zoning Ordinance, or after annexation of any area to the City, the Zoning Administrator shall notify in writing the owners of nonconforming uses about this requirement for a zoning certificate. Such owners shall have three months after receipt of notice to apply for a zoning certificate. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this Zoning Ordinance.

1103.08 CONSTRUCTION AND USE TO BE AS PROVIDED IN PERMITS AND ZONING CERTIFICATES.

Building Permits and Zoning Certificates issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Ordinance, and punishable as provided by Section 1103.99 .

1103.09 REMOVAL OF MATERIALS FROM BUILDING SITE; DENIAL OF PERMITS.

(a) No person who has been issued a Building Permit shall fail to remove excess scrap or unused building materials from the building site for which the permit was issued. The materials shall be removed within five days of completion of the work at such site.

(b) No person who is performing building work pursuant to a Building Permit issued to another shall fail to remove excess scrap or unused building materials from the building site for which the permit was issued. The materials shall be removed within five days of completion of the work at such site.

(c) No Building Permit shall be issued to any person who has failed to remove excess scrap or unused building materials from a previous building site as required by subsections (a) and (b) hereof.

(d) As used in this section, "building work" means constructing, altering, repairing, adding to, subtracting from, improving, moving, wrecking or demolishing a building.

1103.10 SCHEDULE OF FEES.

(a) Council shall establish a schedule of fees, charges and expenses and a collection procedure for Zoning Certificates, appeals and applications to the Board of Appeals, and applications for special uses and rezoning of land. The schedule of fees shall be posted in the office of the Zoning Administrator and may be altered or amended only by Council.

(Ord. 55-2011. Passed 7-18-11; Ord. 26-2024. Passed 4-1-24.)

(b) No permit, certificate, special use, variance or exception shall be issued or allowed unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals unless or until preliminary charges and fees have been paid in full. The petition provided for in Section 1107.02 shall be accompanied by a cash payment of three hundred dollars ($300.00), which cash payment is applicable to all petitions for zoning ordinance amendments, special uses and amendments to special uses. The petition provided for in Section 1107.02 shall be accompanied by a cash payment of seven hundred fifty dollars ($750.00) which cash payment is applicable to all petitions for planned developments and/or amendments to planned developments. Any appeal to, or application for a variance or exception to, the Board of Appeals shall be accompanied by a cash payment of two hundred seventy-five dollars ($275.00) for property classified as residential and five hundred dollars ($500.00) for property classified as commercial, industrial or institutional. Any provision for fees contrary to the cash payments required by this subsection (b) hereof are hereby repealed.

(Ord. 58-2014. Passed 1-5-15; Ord. 26-2024. Passed 4-1-24.)

1103.11 COMPLAINTS REGARDING VIOLATIONS.

Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may submit a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. He shall record properly such complaint, immediately investigate and take action thereon as provided by this Zoning Ordinance.

1103.12 VIOLATION MAY BE ENJOINED.

No person shall erect, construct, alter, repair or maintain any building or structure or use any land in violation of this Zoning Ordinance. In the event of any such violation, or imminent threat thereof, the municipal corporation or the owner of any contiguous or neighboring property who would be especially damaged by such violation, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation.

1103.13 ILLEGAL USES UNDER ORIGINAL ZONING ORDINANCE OR IN ANNEXED AREAS.

A use in violation of the provisions of the Zoning Ordinance adopted June 3, 1946, which this Zoning Ordinance amends, or in violation of the provisions of a Township zoning resolution in an area subsequently annexed to the City, shall not be validated by the adoption of this Zoning Ordinance, and shall be subject to the penalties and sanctions of this Zoning Ordinance.

1103.14 APPEAL PROCEDURE.

It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board of Appeals only on appeal from the decision of the Zoning Administrator and that recourse from the decisions of the Board of Appeals shall be to the courts as provided by law.

It is further the intent of this Zoning Ordinance that the duties of Council in connection with this Zoning Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Zoning Ordinance. Under this Zoning Ordinance Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Zoning Ordinance, as provided by law, and of establishing a schedule of fees as stated in Section 1103.07.

1103.15 MINIMUM REQUIREMENTS.

In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.

1103.99 PENALTY.

(a) Whoever violates any provision of this Zoning Ordinance or fails to comply with any of its requirements shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than thirty days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(b) The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

1105.01 ESTABLISHMENT.

A Board of Appeals is hereby established which shall consist of five members to be appointed by Council. Initially, two members shall be appointed for not more than one year, two for not more than two years and one for not more than three years. Every succeeding term shall run for three years, and all terms shall be arranged to expire on December 31. Vacancies shall be filled by resolution of Council for the unexpired term of the member affected.

1105.02 PROCEEDINGS.

(a) The Board of Appeals shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(b) The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public and be filed in the office of the Board. Every decision of the Board shall be based upon a finding of fact based on sworn testimony, which finding of fact shall be reduced to writing and preserved among its records.

1105.03 PUBLIC HEARING; NOTICE.

The Board shall hold a public hearing on all proposed actions including administrative appeals, proposals for variances, exceptions and industrial uses. Notice shall be given at least fifteen days in advance of the public hearing in a newspaper of general circulation in the City. Any party may appear in person at the public hearing, or by agent or attorney. The owners of property within, contiguous to and directly across the street from the parcel or parcels which are the subject matter of any proposed action, and also the persons proposing or requesting such action, shall be notified of such public hearing in writing by ordinary first class mail sent not less than twelve days prior to such hearing. The secretary of the Board shall, prior to the public hearing, certify by writing filed with the Board that such notice has been timely given.

1105.04 REQUIRED VOTE FOR ACTION.

The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, interpretation or decision of the Zoning Administrator, or to decide in favor of an applicant on any matter upon which the Board is required to pass under this Zoning Ordinance, including requests for variances, exceptions and industrial uses.

1105.05 AUTHORITY TO IMPOSE CONDITIONS.

(a) In granting a permit under any of the powers conferred upon the Board, the Board may stipulate the manner in which an approved variance, exception, industrial use, administrative ruling, etc. shall be carried out, or may require other improvements, safeguards and conditions for the protection of the health, safety and welfare of owners and occupants of surrounding lots or the public. Specifically, the Board in such cases may attach conditions dealing with the following:

(1) Paving, shrubbery, screening, fences or walls.

(2) Control or elimination of smoke, dust, vibration, gas, noise or odor.

(3) Hours of operation.

(4) Location of exits.

(5) Cleaning and painting.

(6) Elimination of nonconforming uses of land or nonconforming signs.

(7) Direction and intensity of outdoor illumination.

(8) Off-street parking and loading.

(9) The duration of approval of a variance or exception, after which such approval shall expire.

(b) Violations of conditions imposed by the Board in conjunction with approval of an administrative appeal, variance, exception or industrial use shall be deemed a violation of this Zoning Ordinance and punishable under Section 1103.99.

1105.06 ADMINISTRATIVE REVIEW.

(a) Appeals. The Board shall hear and decide appeals where it is alleged there is error in any administrative order, requirement, interpretation or decision made by the Zoning Administrator in the administration and enforcement of this Zoning Ordinance. Appeals to the Board may be taken by any person aggrieved or by an officer or bureau of the governing body of the City affected by any decision of the Zoning Administrator. Such appeals shall be taken within a reasonable time, not to exceed sixty days or such lesser period as may be provided by the rules of the Board, by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

(b) Decision. In exercising the above mentioned powers, the Board may, so long as such action is in conformity with the terms of this Zoning Ordinance, and after the required public hearing is held, reverse or affirm, wholly or partly, or may modify the administrative order, requirement, interpretation or decision appealed from and may make such administrative order, requirement, interpretation or decision as ought to be made, and to that end shall have all the powers of the Zoning Administrator from whom the appeal is taken.

(c) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board, or by a court of record on application, on notice to the administrative official from whom the appeal is taken, and on due cause shown.

1105.07 VARIANCES.

(a) Nature of Variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable development requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary

to adapt to changed or unusual conditions that meet the standards of review for variances. In granting any variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Code.

(b) Non-use (Area) Variances. Upon application, the Board of Zoning Appeals shall only approve a request for a non-use variance only in cases where there is evidence of practical

difficulty present on the property in the official record of the hearing and that the following findings are made by the Board:

(1) Whether the property in question will yield a reasonable return or whether there can be a beneficial use of the property without the variance;

(2) Whether the variance is substantial;

(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

(4) Whether the variance would adversely affect the delivery of governmental services ( e.g., water, sewer);

(5) Whether the property owner purchased the property with knowledge of the zoning restriction;

(6) Whether the property owner's predicament can be obviated through some method other than a variance; and

(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

After considering the above, the Board thereafter finds that:

(8) The granting of the variance will be in harmony with the general purpose and intent of this Zoning Ordinance, will not be injurious to the neighborhood, will not impair the adequate supply of light and air to the adjacent property, will not unreasonably increase the congestion in public streets, will not unreasonably diminish property values within the surrounding area or otherwise be detrimental to the public interest. In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objective of this Zoning Ordinance.

be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district, or adjoining zoning districts.

(Ord. 33-2023. Passed 5-15-23.)

1105.08 EXCEPTIONS.

The Board may hear and approve exceptions as specifically authorized herein, which are in harmony with the purposes and intent of this Zoning Ordinance, and which will not adversely affect the public interest. The following exceptions may be granted by the Board, after written application is submitted therefore, and after the required public hearing is held:

(a) The location of a temporary building for commerce or industry in a residence district which is incidental to the residential development, such permit to be issued for a period of not more than one year.

(b) The location of a temporary sign pertaining to the development of the land upon which the sign is located, provided it is not located in a required front yard, such permit to be issued for a period of not more than one year.

(c) The enlargement, erection and use of a building or the use of premises in any location for a railroad or other public utility purposes not otherwise allowed by this Zoning Ordinance, which the Board deems reasonably necessary for the public convenience or welfare.

(d) A reduction of the parking and loading requirements of this Zoning Ordinance whenever it has been clearly demonstrated that the provision of the full parking or loading facilities is unnecessary, or where such a requirement would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(e) The placement of required parking spaces on a parcel separated from the parcel upon which the building or use served by such parking spaces is located, provided that the parking spaces are sufficiently close enough that they will serve the intended purpose and provided a written agreement assuring the retention of the parking spaces is properly executed and filed with the application for a zoning certificate.

(f) The waiver of yards or setbacks and screening required for a parking area adjacent to a residential district, whenever a wall of approved height, design and material is erected.

(g) Within any district, the placing of more than one main building on a lot, when all of the buildings are intended to be operated as a single enterprise and the lot and all portions of it are owned, leased or under option by a single party. In such cases, the yard requirements shall apply along all edges of the lot, but shall not be required for the internal arrangement of the buildings on the lot, provided that adequate light and air will reach all habitable rooms. Height, bulk and lot area per family shall apply as in the case of one main building located on a lot. An application for the placing of more than one main building on a lot shall be accompanied by a Site Plan. Proposals for placing more than one residential main building on a lot shall be referred to the Planning Commission for review of the Site Plan, and Planning Commission approval of the Site Plan shall be prerequisite to final approval by the Board.

(h) The waiver of screening required in front of parking areas across a street from a residentially zoned parcel.

1105.09 INDUSTRIAL USES.

The Board shall hear and approve or disapprove proposals for location of industrial uses in the M-1 Light Industrial District when there is a question concerning the expected performance of the use, according to Section 1145.06(s) and also proposals for location of certain industrial uses in the M-2 Heavy Industrial District which, because of their performance, need special consideration according to Section 1147.07. Written application shall be made to the Board or referral shall be made by the Zoning Administrator, the public hearing shall be held, and the applicant or his agent shall appear before the Board with drawings of the proposed use and with other evidence, such as expert engineering testimony, to indicate the expected performance of the proposed use. In addition, the Board may accept written or oral testimony from other experts and from the staff of the Board of Health, the Service Director or other governmental or private agencies. In considering the proposed use, the Board shall evaluate the effect on adjacent neighborhoods, other businesses and industries from the possible emission of vibrations, noise, light, smoke, fumes, odor or dust.

1107.01 AUTHORITY.

Council may amend, supplement or change the regulations, restrictions and boundaries in this Zoning Ordinance after the public hearing and other procedures are followed as set forth in this Chapter.

1107.02 INITIATION OF AMENDMENTS.

Amendments to this Zoning Ordinance may be proposed by Council, or duly signed petitions may be presented to the Clerk of Council requesting an amendment by the following:

(a) The Municipal Planning Commission.

(b) One or more of the owners, lessees or occupants within the area proposed to be changed by the amendment.

1107.03 LIMITATION ON APPLICATIONS.

A party shall not initiate action for a zoning amendment affecting the same land more often than once every twelve months.

1107.04 REFERRAL TO THE PLANNING COMMISSION; ACTION.

(a) Any proposal for the amendment of this Zoning Ordinance not originating from petition of the Planning Commission shall be referred to the Commission for consideration and report before any final action is taken by Council.

(b) The Commission shall study a proposed amendment in relation to public necessity, convenience, general welfare and good zoning practice and within forty-five days after Council referral, shall recommend the approval or denial of the proposed amendment or approval of some modification thereof, and submit such recommendation to Council. Failure of the Planning Commission to report within the required forty-five days shall be construed as approval of the proposed amendment or change.

1107.05 HEARING; NOTICE BY COUNCIL.

After receiving the Planning Commission's report or petition for a proposed zoning amendment, Council shall hold a public hearing on the proposal and shall give at least thirty days notice of the time and place thereof in a newspaper of general circulation in the City. If the ordinance, measure or regulation intends to rezone or redistrict ten or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council of the legislative authority by first class mail, at least twenty days before the date of the public bearing to the owners of property within, contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, and to such other list or lists that may be specified by the legislative authority. The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulation. During such thirty days the text or copy of the text of such ordinance, measure or regulation, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure or regulation and the maps, plans and reports submitted by the Planning Commission, Board or officer shall be on file, for public examination, in the office of the Clerk of Council or in such other office as is designated by Council.

1107.06 ACTION BY COUNCIL.

Council shall, within reasonable time after the public hearing, approve or deny the proposed zoning amendment. For a proposed amendment involving a change in the Zoning Map, Council may modify the original proposal to a more restricted zoning district or a smaller area than advertised for the public hearing, but may not approve a change to a zoning district allowing uses not permitted in the proposed district originally listed in the notice for public hearing, and also may not approve rezoning of any land not listed in the notice for public hearing. No such ordinance, measure or regulation which violates, differs from or departs from the plan or report submitted by the Planning Commission shall take effect unless passed or approved by not less than five members of Council.

1107.07 ZONING UPON ANNEXATION.

The following procedures shall apply for establishing zoning in areas annexed to the City:

(a) Interim Zoning. Upon annexation and until permanent zoning is adopted as provided in subsection (b) hereof, each parcel of annexed land shall be automatically zoned to the district in this Zoning Ordinance which most closely conforms to the previous township zoning district. Any land not subject to zoning at the time of annexation shall be automatically zoned R-1 Single-Family Residential until the permanent zoning is adopted.

(b) Permanent Zoning. Within a reasonable time after annexation, permanent zoning shall be established for all annexed areas according to the procedures set forth in this Chapter concerning Planning Commission review and recommendation, and hearing and final action by Council.

1109.01 SITE PLAN REQUIRED.

(a) Site Plans are required when construction projects involve individual buildings on individual sites, and when the proposed construction, alteration, relocation, or change of use involves any of the following elements:

(1) The proposed land use involves a Special Use in the zoning district.

(2) The development involves construction of five (5) or more new or additional parking spaces in off-street parking areas.

(3) The construction of any number of housing units in a multifamily structure(s).

(4) The construction of a new industrial building, or the expansion of an existing industrial structure by more than 5,000 square feet of gross floor area.

(5) The construction, or expansion, of a commercial, office or public building that involves more than 5,000 square feet of gross floor area.

(6) Any proposed development that involves the preparation of a Traffic Impact Study pursuant to Chapter 1110.

(b) Site Plans may be approved administratively unless any of the following conditions exist:

(1) The proposed development involves a Special Use pursuant to Chapter 1153.

(2) The proposed development involves the need for a variance pursuant to Section 1105.07.

(3) The proposed development is located within an Overlay District that requires design review approval.

(4) The proposed development involves the need to prepare a Traffic Impact Study pursuant to Chapter 1110.

1109.02 SITE PLAN SUBMISSION REQUIREMENTS, IN GENERAL.

The purpose of Site Plan review procedures is to provide a mechanism to review proposed construction projects with potentially greater impacts upon the community, ensure compliance with development standards and aid in the implementation of land use planning policies. Applicants have the option of requesting that the submittal of one or more of the required elements of a Site Plan be deferred. The request to defer is made by the applicant and the decision to grant this request rests with the Service Director or his/her designee. Before any Site Plan is approved all of the required elements must be submitted before a decision is rendered. The applicant may also request a two-step Site Plan review and seek preliminary approval of a Site Plan without a full submittal of all required material. The request for a two step review process is made by the applicant and the Service Director or his/her designee. The Planning Commission and/or City Council may take action on an incomplete Site Plan as deemed appropriate to offer guidance toward full approval. A preliminary approval of a Site Plan does not guarantee final approval.

1109.03 SITE PLANS AND VARIANCES.

If a proposed Site Plan includes a request for a variance, such variance must first be approved by the Board of Zoning Appeals.

1109.04 SITE PLAN SUBMITTAL REQUIREMENTS.

Site Plans shall meet the following requirements:

(a) All Site Plan drawings shall be prepared by a professional engineer or architect and shall bear their professional seal, unless it is determined by the Service Director or his/her designee, that due to the simplicity of the project, a professional seal is not required at this stage of the project development. The Service Director or his/her designee may also waive any submission requirement by determining that such information is not needed or relevant to making a determination regarding compliance with requirements of this Zoning Ordinance.

(b) The cover letter shall indicate the applicant name, address, and phone number; the owner name, address, and telephone number; and provide an overview of the project being proposed.

(1) Name, address, telephone number and State of Ohio registration number of the registered surveyor, city planner, landscape architect or professional engineer who prepared the Site Plan;

(2) Name, address and telephone number of the owner/developer;

(3) Proposed name of the site, original lot or section number, sub-lot number, street address;

(4) Proposed use of structure or site;

(5) North arrow, legend, date prepared, and scale.

(6) Scale. Site Plan drawings shall be drawn to a scale so that all features required to be shown on the plans are readily discernible, preferably one inch equals twenty feet (1" = 20'), but no smaller than one inch equals fifty feet (1"=50').

(7) Vicinity Map. The map shall show the relationship of the proposed development site to existing community facilities which serve or influence it. The vicinity map may be on the same sheet as the preliminary plan drawing. The vicinity map shall be at a scale of 1" = 400' and must illustrate major intersecting streets, water features and political boundaries.

(8) Architectural drawings shall include floor plans and exterior elevations for existing and proposed buildings with proposed design guidelines that express common architectural themes in buildings, and other improvements. If exterior elevations are not available, reasonable graphic representations may be submitted.

(9) Existing features on maps should be clearly distinguished from proposed features.

(10) Format. Site plan drawings shall be submitted in a hard copy format on 11" x 17" or 24" x 36" paper (plan sizes greater than 24" x 36" in size shall not be excepted), or in an electronic media format acceptable to the Zoning Administrator.

(11) Legal features: A property boundary line survey, as surveyed by a registered surveyor, showing bearings and distances including the geometric layout of the site showing complete dimensions of existing and proposed buildings, roads, drives, parking areas, utilities, landscaping and other site elements with adequate detail and dimensions to allow construction without the need to scale from the plan to determine the designer's intended location property lines, easements (and their purpose), and street right-of-way lines in the vicinity or adjacent to the subject property. Indicate street centerline stationing and pavement edges and walks for adjacent road(s). Bearing and distance dimensions shall be shown on property lines and to property corners. Property pins or other approved markers shall be set and shown at all property corners and property line stakes shall be set and shown where, due to topography, length of line or obstructions, the location of the property line cannot be determined by sighting from property corner to property corner.

(12) Zoning of the property, including zoning district lines where applicable, and lot size and front, rear, and side yard setback requirements;

(13) Location of all public and private above ground and underground utilities on the site including but not limited to; natural gas, electric, cable TV, telephone, steam, water, sanitary sewer and storm sewer.

(14) Proposed location of accessory structures, buildings, and uses including, but not limited to, all flagpoles, light poles, bulkheads, docks, storage sheds, transformers, air conditioners, generators, and similar equipment, and the method of screening where applicable;

(15) Existing and proposed topographical features. Ground elevations shall be shown as contour lines with no larger than five-foot contour intervals if ground slope is in excess of four percent in any area and two-foot intervals if ground slope is less than four percent. The location of areas with existing slopes in excess of twelve percent (12%) shall be designated as such. Existing grades 50 feet beyond the site property lines may also be deemed necessary.

(16) Location and elevations of existing watercourses and water bodies, including natural and/or man-made surface drainage ways, flood plains, and wetlands;

(17) When a Storm Water Pollution Control Plan (SWP3) is required in accordance with Ohio EPA regulations, a copy of such plan shall be submitted with the Site Plan.

(18) Landscaping Plan detailing the location and specifications for all significant existing, and proposed perimeter and internal landscaping or construction of other devices (such as walls, fences, etc.) to comply with the landscaping, buffering, and shading requirements of this Zoning Ordinance (See Chapter 1160).

(19) All existing and proposed on-site uses, structures, buildings, decks, porches, storage sheds, dumpsters, fences and walls, landscape beds, power lines and poles, telecommunication towers, flagpoles, bulkheads, docks, transformers, air conditioners, generators and such similar equipment.

(20) Dimensions of each structure footprint as well as any roof or floor overhangs or wall or window projections; the distances all buildings and freestanding signs are set back from property lines, streets, or street right-of-way lines; and the method of applicable screening.

(21) Location and type of existing trees on the site with a diameter of eight inches (8") or more at four and one-half feet (4-1/2') feet above grade. Included with the location of the tree should be the associated "drip line;"

(22) The total square footage of all existing and proposed impervious area on the site;

(23) The Site Plan shall show the locations and dimensions of all proposed streets and sidewalks, pedestrian connections, thoroughfares, roadways, service roads, driveways and parking areas.

(24) An Access Plan and Traffic Impact Study, if required pursuant to Chapter 1110.

(25) Refuse storage and pick-up facilities shall be indicated on the Site Plan illustrating the steps taken provide to an adequate visual barrier from locations both on- and off-site.

(26) Location, size, and characteristics of all loading and unloading areas.

(27) A Utilities Plan shall show the location, purpose, and dimensions of all existing (dashed lines) and proposed (continuous lines) utility easements, lines, service laterals, and other facilities, including, but not limited to water, sewer, electric power lines and poles, natural gas, telephone, cable television, and telecommunications/data transfer facilities.

(28) Lighting Plan. Location of existing and/or proposed exterior lighting locations and poles, with area of illumination and type of fixtures illustrated, demonstrating compliance with applicable Zoning Standards.

(29) An implementation plan providing specific dates for the expected completion of all building construction, site work and landscape installation.

1109.05 ACTION ON SITE PLANS.

Unless the proposed development is reviewed by the Planning Commission and/or City Council, the Service Director or his/her designee shall take one of the following actions:

(a) Approval - An officially approved Site Plan shall expire within one (1) year of its date of approval, unless a longer period of completion is granted along with such original approval. Extensions may also be granted upon petition of the applicant when an original period of approval expires.

(b) Disapproval - In the event that the Site Plan is not approved, the Service Director or his/her designee shall notify the applicant in writing of its decision and describe what modifications must be made bring it into conformance with the Sylvania Zoning Ordinance. All resubmitted applications shall follow the application requirements set forth in this Chapter.

1109.06 OUTSIDE ASSISTANCE AND EXPERTISE.

The applicant may be requested or may volunteer to provide additional information or re-study all or part of a Site Plan or to have additional studies done. The costs of securing expert advice or studies shall be borne by the applicant.

1109.07 CONCURRENT REVIEWS.

The Sylvania Planning Commission and/or City Council may concurrently consider a Design Plan, Site Plan and Special Use. If a proposed development involves a Special Use, the Special Use Approval Procedures Defined in Chapter 1153 shall be followed and the Planning Commission shall offer consideration and a report to the Sylvania City Council in terms of both Site Plan Review and Special Use Approval.

1109.08 SITE PLAN COMPLIANCE.

After a Site Plan has been approved, no zoning certificate may be issued by the Service Director or his/her designee, except in compliance with such approved Site Plan.

1109.09 AMENDMENTS TO APPROVED SITE PLANS.

Amendments to approved Site Plans may be made in the same manner as an original Site Plan approval except that an applicant need not resubmit information that has already been submitted as part of a previous Site Plan review process.

1109.10 SITE PLAN REVIEW CRITERIA.

All Site Plans shall be reviewed on the basis of uniform criteria that advance the principals of good site design to provide safe vehicular access and pedestrian movement. Site plans shall also be reviewed on the basis of achieving site designs that will promote a healthy natural and built environment for residents and will advance principles defined in applicable community planning documents and this Zoning Code. Specific approval criteria include the following:

(a) The Site Plan shall show (consistent with the findings of a Traffic Impact Study if included) that a proper relationship will exist between thoroughfares, service roads, driveways, sidewalks, bike lanes and parking areas to encourage pedestrian, bicyclist and vehicular traffic safety on both public and private lands.

(b) All development features, including the principal buildings, open spaces, service roads, driveways and parking areas, shall be so located and related as to minimize the possibility of adverse effects upon adjacent development.

(c) Building location and placement shall be developed with consideration given to minimizing removal of large trees (in accordance with change of topography).

(d) Visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.

(e) Parking area landscaping and screening shall channel traffic flow in a safe manner, and on-site traffic circulation shall be designed to provide adequate access for fire and police protection, and minimize interference with the traffic carrying capacity of adjacent streets.

(f) Refuse storage and pick-up facilities shall be indicated on the Site Plan and shall be fenced, screened, or landscaped to prevent blowing or scattering of refuse, and to provide an adequate visual barrier from locations both on- and off-site.

(g) All utilities on-site shall be located underground.

(h) Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams, and public streets, and to minimize the possibility of erosion in a manner consistent with the requirements of a Storm Water Pollution Prevention Plan (SWP3).

(i) The design and construction standards of all private roads, driveways, and parking areas, shall conform to the provisions of this Zoning Code and/or as may be recommended through engineering review. All private streets, driveways, and parking areas are to be of a useable shape and improved with asphalt, concrete, or other durable and dustless pavement or surface.

(j) The design of the site and physical structures advances applicable community planning principles expressed in the Sylvania Land Use Plan and any area or neighborhood-specific planning documents.

1109.11 DEVELOPMENT PLAN REQUIRED.

Development Plans are required when projects involve multiple buildings on multiple sites, common ownership of property within a proposed development and the allocation of private or public open spaces. Development Plans are also required when development activity will be phased in over time. Development Plans are specifically required for all Planned Developments proposed pursuant to Chapter 1155 and may be required in the B-4 District where multiple properties are involved or the project is proposed to be phased in.

1109.12 DEVELOPMENT PLAN SUBMISSION REQUIREMENTS, IN GENERAL.

Development Plans shall include all applicable elements required for Site Plans as related to areas that will be developed in an initial phase. When Development Plans involve future development phases and specific uses are unknown, some required Site Plan elements may be waived, but the applicant shall provide the following additional requirements:

(a) The location of building footprints or envelopes within which dwelling units are to be constructed in later development phases. Future building envelopes or footprints shall illustrate that building locations will be in compliance with applicable development and site planning standard requirements. Proposed land uses shall be defined and information regarding future land uses, building sizes, residential density, internal pedestrian and vehicular mobility architectural design elements is expected to be sufficient to determine how an area is proposed for future development will look and function as an urban area.

(b) Development phasing plan and schedule for build-out.

(c) Legal documentation establishing homeowners associations or other legal entities responsible for control over any required common areas and facilities.

(d) Copies of proposed deed restrictions and convents that will be applicable to future property owners.

When a Development Plan indicates future development phases, no Zoning Certificate may be issued for construction activity in accordance with Chapter 1103 unless all information normally required for a Site Plan has been submitted and approved for individual buildings.

1109.13 ACTION ON DEVELOPMENT PLANS.

Development Plans may be approved by the Sylvania City Council in the same manner as a Special Use, pursuant to Chapter 1153. Before action is taken on any Development Plan, such Development Plan shall be referred to the Sylvania Planning Commission for consideration and report. A Development Plan may not be officially considered until it has been deemed fully complete by the Service Director or his/her designee. The Planning Commission shall review the Development Plan and take one of the following actions:

(a) Recommend Approval - The Sylvania Planning Commission may recommend approval of a proposed Development Plan as submitted, or approval with recommended modifications. If modifications are recommended, the Planning Commission shall provide a written and specific description of recommended modifications.

(b) Recommend Disapproval - The Sylvania Planning Commission may recommend disapproval of a Development Plan and provide a written description of why this decision was reached in meeting minutes. The applicant may re-submit a Development Plan to the Sylvania Planning Commission if he or she wishes to amend all or part of the Development Plan to obtain a favorable recommendation.

1109.14 DEVELOPMENT PLAN COMPLIANCE.

After a Development Plan has been approved by the Sylvania City Council, no zoning certificate may be issued by the Service Director or his/her designee, except in compliance with such approved Development Plan. Individual Site Plans are required for construction of subsequent development phases and must conform to a previously approved Development Plan.

1110.01 PURPOSE.

These access management regulations are intended to provide for efficient access to and from property and to maintain a safe level of service on all roads and highways in the City of Sylvania. It is further the purpose of these regulations to ensure that new development or redevelopment generating significant vehicular trips occurs with careful consideration as to how to balance access needs with the need to maintain the capacity of existing roadways to carry existing and future traffic volumes.

1110.02 REQUIREMENTS - ACCESS MANAGEMENT PLAN.

An Access Management Plan shall accompany any Site Plan submitted pursuant to Chapter 1109. This Access Management Plan shall illustrate proposed and/or existing driveways, parking areas, and drive aisles, along with road details, such as public right-of-way, vehicular traffic lanes, bike lanes, traffic signal locations and traffic control signs, such as "STOP" and "YIELD," along with anticipated daily and peak hour traffic volumes at site access points.

1110.03 REQUIREMENTS - TRAFFIC IMPACT STUDY.

A Traffic Impact Study shall accompany any Site Plan submitted pursuant to Chapter 1109, when any development, expansion, or change of use is proposed and generates one hundred (100) or more peak hour trips (as defined by the Institute of Transportation Engineers (ITE) Trip Generation Manual). This Traffic Impact Study shall document the development's impact on internal and external vehicular and pedestrian circulation and safety. Based on the findings and recommendations of the Traffic Impact Study, an access drive, shared driveway approach for adjoining parcels, signal improvements, pedestrian walks, bike lanes, turn lanes, and limited direction driveways may be required as part of Site Plan approval.

1110.04 TRAFFIC IMPACT STUDY - CONTENT.

The Traffic Impact Study shall be prepared by a Professional Engineer at the expense of the property owner or developer and include all elements of an Access Management Plan. The study shall also investigate and recommend the feasibility and benefits of improvements such as signals, turn lanes, driveway movement limitations to protect the safety and welfare of the traveling public. The Traffic Impact Study analysis shall include descriptions for the following:

(a) Site and area within limits of the traffic impacts.

(b) Roadway network within the limits of the traffic impact area; the proposed site, adjacent roadway and the nearest major intersection in each direction; shall include traffic volumes, levels of service, and physical features such as number and type of lanes and traffic control devices.

(c) Existing development adjacent to and surrounding the subject site and a description of future development as proposed by the Sylvania Land Use Plan.

(d) Trip generation consistent with the current ITE Trip Generation and distribution, including a description of all assumptions/predictions used to generate findings of trip distribution.

(e) Projected future traffic conditions within limits of the traffic impacts, including opening day of proposed development; ten (10) year and twenty (20) year projections.

(f) Evaluation of the effects the proposed development will have on the existing level of service for site driveways, public rights-of-way, roadways and adjacent intersections in each direction including traffic volumes.

(g) Recommendations for site access and transportation improvements needed to mitigate site-generated traffic within the limits of the traffic impacts, to at least the level of service that currently exists.

(h) Signal warrant analysis and highway capacity analysis shall be conducted, consistent with the current Ohio Manual of Uniform Traffic Control Devices (OMUTCD) and Transportation Research Boards (TRB), Highway Capacity Manual (HCM) and associated software, at all multi-movement driveways. Determination of a signal installation will be based on the signal warrant analyses with consideration for system capability and signal spacing.

(i) When questions arise concerning the development of Access management and Traffic Impact Studies, Ohio Department of Transportation (ODOT) standards shall provide guidance.

1110.05 REVIEW ELEMENTS.

Review of Access Management and Traffic Impact Studies shall include consideration of:

(a) The potential for existing or future access drives (front or rear)

(b) The need for reciprocal easement agreements (on-site only)

(d) Limitation on the number of driveways

(e) Necessary turn lane improvements

(f) Limited left/right turn direction driveways

(g) Restricted left/right turn

(h) Reduction/elimination/shared driveways

(i) Road/drive alignment (including alignments with drives and roads on opposite sides of the street or road.

(j) Traffic control devices associated with site access

(k) Right turn deceleration lanes

1110.06 ACCESS DRIVES.

(a) The preferred type of access to a lot is a drive that is located in the rear of a property and which connects adjoining parcels. In those instances where a rear access drive is not feasible, a front access drive to connect adjoining parcels may be considered. An access drive may be a publicly dedicated right-of-way, constructed at the owner's expense and built to City of Sylvania standards. If a private access road is proposed, requirements such as curbing, width of rights-of-way, and road width may be modified or approved by the Service Director or his/her designee. If a private access road is permitted pursuant to this Section, reciprocal easement agreements between adjoining parcels are required.

(b) The distance between the adjacent road and an access drive shall be subject to the recommendations of a Traffic Study that addresses local conditions and considerations. When a front access drive is permitted, the required landscape area may be located between the existing roadway and the front access drive. The access drive shall be constructed before any occupancy or use is permitted. A bond, escrow or other assurance may be provided to guarantee the completion of the access drive. Where access drives are not appropriate, driveway sharing and/or cross access between parking areas of adjacent parcels may be approved.

1110.07 CURB CUTS, SIGNALS.

As part of the Site Plan review process, The Service Director or his/her designee may approve a Site Plan with a specific driveway location on condition that an agreement be made between the property owner and the City requiring that such driveway(s) be closed when specific conditions are met. Such conditions may include the completion of an access drive or shared drive approach on adjacent lots or for other road specific circumstance. When public roadway improvements are required by a proposed development such as the construction of left or right turn lanes or installation of traffic signals, completion of such improvements shall be assured by the owner by posting a bond or escrow.