Sylvania City Zoning Code
TITLE THREE
Zoning Districts and Requirements
CHAPTER 1150 Neighborhood Conservation Overlay District (Repealed)
CHAPTER 1151 Downtown Overlay District (Repealed)
CHAPTER 1152 Design Review Regulations (Repealed)
1113.01 OFFICIAL ZONING MAPS.
The City is hereby divided into zones, or districts, as shown on the Official Zoning Maps which, together with all explanatory matter thereon, are hereby adopted by reference and declared to be a part of this Zoning Ordinance.
1113.02 ORIGINAL OFFICIAL ZONING MAPS.
The initial zoning maps adopted with this Zoning Ordinance shall be entitled the Original Official Zoning Maps, and each Map shall be identified by the signature of the Mayor attested by the Clerk of Council, and bearing the seal of the City under the following words: "This is to certify that this is a part of the Original Official Zoning Maps referred to in Chapter 1113 of the Codified Ordinances of the City of Sylvania, Ohio, together with the date of the adoption of this Zoning Ordinance. The Original Official Zoning Maps shall be filed in the Zoning Administrator's office, shall remain without change as originally adopted by Council and shall be used only for reference purposes when there is a need to determine the original zoning.
1113.03 CURRENT OFFICIAL ZONING MAPS.
One or more sets of Zoning Maps entitled Current Official Zoning Maps shall be available for public reference in the Zoning Administrator's office or other location convenient to the public. Each map shall be identified by the signature of the Mayor attested by the Clerk of Council, and shall bear the seal of the City under the following words: "This is to certify that this is a part of the Current Official Zoning Maps referred to in Chapter 1113 of the Codified Ordinances of the City of Sylvania, Ohio."
1113.04 AMENDMENTS.
If, in accordance with the provisions of this Zoning Ordinance and Ohio R. C. Chapter 713, changes are made in district boundaries or other matter portrayed on the Official Zoning Maps, such changes shall be made on the Current Official Zoning Maps promptly after the amendment has been approved by Council. No changes of any nature shall be made on the Current Official Zoning Maps or matter shown thereon except in conformity with the procedures set forth in this Zoning Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Zoning Ordinance and punishable as provided under Section 1103.99. The Original Official Zoning Maps, plus amendments to the Maps after adoption of this Zoning Ordinance as entered on the Current Official Zoning Maps, shall be the final authority on the current zoning status of land and water areas, buildings and other structures in the City.
1113.05 REPLACEMENT OF OFFICIAL ZONING MAPS.
In the event that either the Original or Current Official Zoning Maps become damaged, destroyed, lost or difficult to interpret because of the number of changes or age, Council may by resolution or ordinance adopt new Original or Current Official Zoning Maps, which shall supersede the prior Official Zoning Maps. The new Official Zoning Maps may correct drafting or other omissions in the prior Maps, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. The new Official Zoning Maps shall be identified by the signature of the Mayor attested by the Clerk of Council, bearing the seal of the City under the following words: "This is to certify that this (Original or Current) Official Zoning Map supersedes and replaces the Official Zoning Map adopted July 15, 1968 as part of Ordinance Number 35-68 of the City of Sylvania.
1113.06 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Maps, the following rules shall apply:
(a) Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
(b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(c) Boundaries indicated as approximately following City limits shall be construed as following City limits.
(d) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(e) Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
(f) Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (e) hereof shall be so construed. Distances not specifically indicated on the Official Zoning Maps shall be determined by the scale of the Map.
(g) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Maps, or in other circumstances not covered by subsections (a) through (f) hereof, the Board of Appeals shall interpret the district boundaries.
1115.01 APPLICATION OF REGULATIONS.
The regulations provided by this Zoning Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
1115.02 CONFORMITY.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, converted, enlarged, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(a) As set forth herein, no building or other structure shall hereafter be erected or altered:
(1) In excess of the required height;
(2) With lot area, ground floor area or total floor area less than the minimum required;
(3) To accommodate or house a number of families in excess of the number required;
(4) To occupy a percentage of lot area in excess of the maximum required;
(5) To provide for rear, side or front yards, or other open spaces with less than the minimum dimensions or proportion required;
(6) With total floor area less than the minimum required; or
(7) In any other manner contrary to the provisions of this Zoning Ordinance.
(b) No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Zoning Ordinance, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
(c) No yard or lot existing at the time of passage of this Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Ordinance shall meet at least the minimum requirements established by this Zoning Ordinance.
(d) No building shall be erected or structurally altered except as specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.
1117.01 PURPOSE.
The purpose of this Chapter is to provide locations for and maintain values in large lot residential developments.
1117.02 MINIMUM REQUIREMENTS.
No building shall be erected or enlarged unless the following minimum requirements are met:
(a) Lot area 10,000 square-feet (see Section 1117.03 hereof)
(b) Lot width 70 feet (see Section 1117.03 hereof)
(c) Front yard* 25 feet
(d) Side Yards* 7 feet
(e) Rear yard* 30 feet
(f) Ground floor area 960 square feet
(g) Total floor area 1,200 square feet
1117.03 LOT OF RECORD; EXCEPTION.
(a) A lot of record at the time of adoption of this Zoning Ordinance which does not meet the minimum lot area and width requirements may be occupied by a permitted use, provided that yard and other requirements of this Zoning Ordinance are met, and provided that the owner does not own any adjoining land at the time of passage or amendment of this Zoning Ordinance.
(b) The lot area requirement of Section 1117.02 shall not apply to lots contained in subdivisions which are the subject of an agreement by the owner or developer wherein the owner or developer has conveyed or agrees to convey acreage contained in or contiguous to such subdivision to the City for public purposes, thereby reducing the area available for private uses and development. Where such agreements exist, the area so conveyed to the City may be added pro rata to each lot in the residential subdivision for purposes of computing the minimum lot area requirements of Section 1117.02 hereof. However, in no event shall any single-family residential lot in any R-1 Residential District be smaller than 9,000 square feet.
1117.04 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed two and one-half stories or thirty-five feet in height. (See Chapter 1161 for height exceptions.)
1117.05 OFF-STREET PARKING AND LOADING.
1117.06 PERMITTED USES.
Permitted uses in R-1 Residential Districts shall be as follows:
(a) Accessory uses
(b) Agriculture
(c) Educational facilities, college/university
(d) Educational facilities, elementary school
(e) Educational facilities, high school
(f) Educational facilities, junior high school
(g) Educational facilities, nursery school or preschool
(h) Home Occupations
(i) Parks, playgrounds and community buildings owned or operated by public agencies.
(j) Single-family dwellings, detached.
(l) Utility facilities necessary for local service to the adjacent area.
1117.07 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses, as defined in Chapter 1101, are permitted, including but not limited to the following and meeting the specified restrictions:
(a) Roadside stands for sale of agricultural products raised on the premises only.
(b) Private automobile garages, provided that garages accessory to single-family dwellings shall be limited in width to three parking stalls.
(c) Swimming pools provided they are located only in the buildable portion of a lot or in a required rear yard, and are no closer to any lot line than ten feet. This includes all decks, mechanical equipment, slides, diving boards, deck material, etc.
(Ord. 55-2011. Passed 7-18-11.)
(d) Recreational Vehicle, Utility Trailers and Equipment Storage.
(1) All recreational vehicles and equipment shall be kept in clean, good repair and carry a current license plate and registration where required by law.
(2) No recreational vehicles, utility trailers and/or equipment shall be parked or stored on a property unless it is titled to, leased or used exclusively by one or more of the permanent occupants of the residence where the recreational vehicle, utility trailer, and/or equipment is located.
(3) Only one recreational vehicle, utility trailer or equipment shall be in the rear or side yard, no front yard storage permitted, except that such recreational vehicle, utility trailer and/or equipment may be parked on the driveway or paved portions of a front yard for the purpose of loading and unloading for a period of time not to exceed seventy-two (72) hours within any consecutive seven (7) day period.
(4) Recreational vehicles, utility trailers, and/or equipment shall be a minimum of five (5) feet from any lot line and the front foremost point of the recreational vehicle, trailer and/or equipment shall be a minimum of five (5) feet to the rear of the front of any dwelling on the same lot or an adjacent lot, whichever dwelling has the greater setback from the street.
(5) Any recreational vehicle, utility trailer, and/or equipment in excess of 20 feet in length shall be an additional one foot from any lot line for each additional five (5) feet or any portion thereof of vehicle, utility trailer and/or equipment storage length, i.e., a recreational vehicle 33' in length shall be 8' from any property line.
(6) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not have fixed connections to electrical, water, gas or sewer facilities.
(7) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not be used for living or housekeeping purposes.
(8) Recreational vehicles, utility trailers, and/or equipment must be stored on a properly maintained hard surface (crushed stone, concrete, or asphalt).
(9) Recreational equipment shall not be covered with any type of tarp material other than covers specifically manufactured for the vehicle/equipment being stored. Covers with snaps made to attach to boats/equipment are acceptable.
(10) No recreational equipment shall be openly visible from an adjoining lot. Landscape screening and fencing, as permitted within this Zoning Code, are permissible to satisfy this requirement. Screening of evergreens or other suitable plant material, not less than five feet high with an expected normal growth to seven feet are also permissible to satisfy this requirement.
(11) Recreational equipment on corner lots shall be at least sixty (60) feet from both the front lot line and the side yard lot line nearest the street. All screening requirements are to be adhered to.
(e) Temporary Parking of Business Trailer. No person shall park or store a business trailer in a residential area of the City, except in a completely enclosed garage or building, excepting therefrom the temporary outside parking of such business trailer shall be permitted in the front yard and/or side yard for a period not to exceed a total of twenty-four hours in any consecutive ten day period.
(f) Location of Accessory Buildings. An accessory building not exceeding twenty feet in height may be located in the buildable portion of a lot, but may occupy not more than thirty percent of the area of a rear yard. No accessory building shall be closer than ten feet to the main building, closer than sixty feet to the front lot line nor closer than three feet to any other lot line, except that an accessory building may be within five feet of a residential main building if no windows or doors are located in that portion of a wall of the dwelling that is directly opposite and parallel to a wall of the accessory building.
(g) Portable Storage Containers. Residential use properties are permitted one portable storage container for an aggregate of fourteen total days per year. The container must be situated on a paved surface and be set back a minimum of ten feet from the right of way, easement of access, or edge of pavement, whichever is the greater setback. A portable storage container is intended to provide “temporary” storage for moving and similar short-term purposes. These units are not permitted as a permanent accessory storage structure, regardless of the proposed location of the unit. A temporary/accessory residential use zoning certificate is required before the container is placed on-site. Nonresidential use properties are permitted one portable storage container for fourteen total days per year. The container must be situated on a paved surface and be set back a minimum of ten feet from the right of way, easement of access, or edge of pavement, whichever is the greater setback. These units are not permitted as a permanent accessory storage structure, regardless of the proposed location of the unit. A temporary commercial use zoning certificate is required before the container is placed on site.
(Ord. 24-2013. Passed 11-18-13.)
1117.08 FENCES AND HEDGES.
The following shall apply in all residential districts:
(a) Fences or hedges may not exceed three and one-half feet in height in the required front yard.
(b) Fences may not exceed four feet in height in the required side yard adjacent to the main building and projected to the required front yard.
(c) Fences may not exceed seven feet in height in any other location on a lot. (See Diagram A for illustration.)
(d) In any residential district, no fence, structure or planting shall be built or maintained in such a manner that visibility is obstructed from intersecting streets within eighty feet in each direction from the intersection of the street centerlines.
 |
1117.09 SIGNS.
1117.10 FACADE LIGHTING.
Illuminated tubing is not permittted in R-1 Single Family Residential Large Lot District. (Ord. 25-2013. Passed 5-6-13.)
1117.99 PENALTY.
1119.01 PURPOSE.
The purpose of this Chapter is to provide certain locations for two-family dwellings and maintain residential values.
1119.02 MINIMUM REQUIREMENTS.
No building shall be erected or enlarged unless the following minimum requirements are met:
(a) Lot area 10,000 square feet (see Section 1119.03 hereof)
(b) Lot width 70 feet (see Section 1119.03 hereof)
(c) Front yard* 25 feet
(d) Side yards* 6 feet
(e) Rear yard* 30 feet
(f) Ground floor area 960 square feet per unit
(g) Total floor area 1,200 square feet per unit
(h) Lot area per family 5,000 square feet
1119.03 LOT OF RECORD; EXCEPTION.
(a) A lot of record at the time of adoption of this Zoning Ordinance which does not meet the minimum lot area and width requirements may be occupied by a permitted use, provided that yard and other requirements of this Zoning Ordinance are met, and provided that the owner does not own any adjoining land at the time of passage or amendment of this Zoning Ordinance.
(b) The lot area requirement of Section 1117.02 shall not apply to lots contained in subdivisions which are the subject of an agreement by the owner or developer wherein the owner or developer has conveyed or agrees to convey acreage contained in or contiguous to such subdivision to the City for public purposes, thereby reducing the area available for private uses and development. Where such agreements exist, the area so conveyed to the City may be added pro rata to each lot in the residential subdivision for purposes of computing the minimum lot area requirements of Section 1117.02 hereof. However, in no event shall any residential lot in any R-1-A Residential District be smaller than 9,000 square feet.
1119.04 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed two and one-half stories or thirty-five feet in height. (See Chapter 1161 for height exceptions.)
1119.05 OFF-STREET PARKING AND LOADING.
1119.06 PERMITTED USES.
Permitted uses in R-1-A Residential Districts shall be as follows:
(a) Accessory uses
(b) Agriculture
(c) Educational facilities, elementary school
(d) Educational facilities, high school
(e) Educational facilities, junior high school
(f) Educational facilities, nursery school or preschool
(g) Home Occupations
(h) Parks, playgrounds and community buildings owned or operated by public agencies.
(i) Single-family dwellings, detached.
(j) Single-family dwellings, attached.
(l) Two-family dwellings
(m) Utility facilities necessary for local service to the adjacent area.
1119.07 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses, as defined in Chapter 1101, are permitted, including but not limited to the following and meeting the specified restrictions:
(a) Roadside stands for sale of agricultural products raised on the premises only.
(b) Private automobile garages, provided that garages accessory to single-family dwellings shall be limited in width to three parking stalls.
(c) Swimming pools provided they are located only in the buildable portion of a lot or in a required rear yard, and are no closer to any lot line than ten feet. This includes all decks, mechanical equipment, slides, diving boards, deck material, etc.
(Ord. 55-2011. Passed 7-18-11.)
(d) Recreational Vehicle, Utility Trailers and Equipment Storage.
(1) All recreational vehicles and equipment shall be kept in clean, good repair and carry a current license plate and registration where required by law.
(2) No recreational vehicles, utility trailers and/or equipment shall be parked or stored on a property unless it is titled to, leased or used exclusively by one or more of the permanent occupants of the residence where the recreational vehicle, utility trailer, and/or equipment is located.
(3) Only one recreational vehicle, utility trailer or equipment shall be in the rear or side yard, no front yard storage permitted, except that such recreational vehicle, utility trailer and/or equipment may be parked on the driveway or paved portions of a front yard for the purpose of loading and unloading for a period of time not to exceed seventy-two (72) hours within any consecutive seven (7) day period.
(4) Recreational vehicles, utility trailers, and/or equipment shall be a minimum of five (5) feet from any lot line and the front foremost point of the recreational vehicle, trailer and/or equipment shall be a minimum of five (5) feet to the rear of the front of any dwelling on the same lot or an adjacent lot, whichever dwelling has the greater setback from the street.
(5) Any recreational vehicle, utility trailer, and/or equipment in excess of 20 feet in length shall be an additional one foot from any lot line for each additional five (5) feet or any portion thereof of vehicle, utility trailer and/or equipment storage length, i.e., a recreational vehicle 33' in length shall be 8' from any property line.
(6) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not have fixed connections to electrical, water, gas or sewer facilities.
(7) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not be used for living or housekeeping purposes.
(8) Recreational vehicles, utility trailers, and/or equipment must be stored on a properly maintained hard surface (crushed stone, concrete, or asphalt).
(9) Recreational equipment shall not be covered with any type of tarp material other than covers specifically manufactured for the vehicle/equipment being stored. Covers with snaps made to attach to boats/equipment are acceptable.
(10) No recreational equipment shall be openly visible from an adjoining lot. Landscape screening and fencing, as permitted within this Zoning Code, are permissible to satisfy this requirement. Screening of evergreens or other suitable plant material, not less than five feet high with an expected normal growth to seven feet are also permissible to satisfy this requirement.
(11) Recreational equipment on corner lots shall be at least sixty (60) feet from both the front lot line and the side yard lot line nearest the street. All screening requirements are to be adhered to.
(e) Location of Accessory Buildings. An accessory building not exceeding twenty feet in height may be located in the buildable portion of a lot, but may occupy not more than thirty percent of the area of a rear yard. No accessory building shall be closer than ten feet to the main building, closer than sixty feet to the front lot line nor closer than three feet to any other lot line, except that an accessory building may be within five feet of a residential main building if no windows or doors are located in that portion of a wall of the dwelling that is directly opposite and parallel to a wall of the accessory building.
(f) Temporary Parking of Business Trailer. No person shall park or store a business trailer in a residential area of the City, except in a completely enclosed garage or building, excepting therefrom the temporary outside parking of such business trailer shall be permitted in the front yard and/or side yard for a period not to exceed a total of twenty-four hours in any consecutive ten day period.
(g) Portable Storage Containers. Residential use properties are permitted one portable storage container for an aggregate of fourteen total days per year. The container must be situated on a paved surface and be set back a minimum of ten feet from the right of way, easement of access, or edge of pavement, whichever is the greater setback. A portable storage container is intended to provide “temporary” storage for moving and similar short-term purposes. These units are not permitted as a permanent accessory storage structure, regardless of the proposed location of the unit. A temporary/accessory residential use zoning certificate is required before the container is placed on-site. Nonresidential use properties are permitted one portable storage container for fourteen total days per year. The container must be situated on a paved surface and be set back a minimum of ten feet from the right of way, easement of access, or edge of pavement, whichever is the greater setback. These units are not permitted as a permanent accessory storage structure, regardless of the proposed location of the unit. A temporary commercial use zoning certificate is required before the container is placed on site.
(Ord. 72-2013. Passed 11-18-13.)
1119.08 FENCES AND HEDGES.
(a) Fences or hedges may not exceed three and one-half feet in height in the required front yard.
(b) Fences may not exceed four feet in height in the required side yard adjacent to the main building and projected to the required front yard.
(c) Fences may not exceed seven feet in height in any other location on a lot. (See Diagram A for illustration.)
(d) In any residential district, no fence, structure or planting shall be built or maintained in such a manner that visibility is obstructed from intersecting streets within eighty feet in each direction from the intersection of the street centerlines.
 |
1119.09 SIGNS.
1119.10 FACADE LIGHTING.
Illuminated tubing is not permitted in R-1-A Two Family Residential Large Lot District.
(Ord. 25-2013. Passed 5-6-13.)
1121.01 PURPOSE.
The purpose of this Chapter is to provide a location for medium sized lots and homes and maintain residential values.
1121.02 MINIMUM REQUIREMENTS.
No building shall be erected or enlarged unless the following minimum requirements are met:
(a) Lot area 7,200 square feet (see Section 1121.03 below)
(b) Lot width 60 feet (see Section 1121.03 below)
(c) Front yard* 25 feet
(d) Side yards* 6 feet
(e) Rear yard* 25 feet
(f) Ground floor area 624 square feet
(g) Total floor area 864 square feet
1121.03 LOT OF RECORD; EXCEPTION.
(a) A lot of record at the time of adoption of this Zoning Ordinance which does not meet the minimum lot area and width requirements may be occupied by a permitted use, provided that yard and other requirements of this Zoning Ordinance are met, and provided that the owner does not own any adjoining land at the time of passage or amendment of this Zoning Ordinance.
(b) The lot area requirement of Section 1117.02 shall not apply to lots contained in subdivisions which are the subject of an agreement by the owner or developer wherein the owner or developer has conveyed or agrees to convey acreage contained in or contiguous to such subdivision to the City for public purposes, thereby reducing the area available for private uses and development. Where such agreements exist, the area so conveyed to the City may be added pro rata to each lot in the residential subdivision for purposes of computing the minimum lot area requirements of Section 1117.02 hereof. However, in no event shall any residential lot in any R-2 Residential District be smaller than 6,480 square feet.
1121.04 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed two and one-half stories or thirty-five feet in height. (See Chapter 1161 for height exceptions.)
1121.05 OFF-STREET PARKING AND LOADING.
1121.06 PERMITTED USES.
Permitted uses in R-2 Residential Districts shall be as follows:
(a) Accessory uses
(b) Agriculture
(c) Educational facilities, elementary school
(d) Educational facilities, high school
(e) Educational facilities, junior high school
(f) Educational facilities, nursery school or preschool
(g) Home Occupations
(h) Parks, playgrounds and community buildings owned or operated by public agencies.
(i) Single-family dwellings, detached
(k) Utility facilities necessary for local service to the adjacent area.
1121.07 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses, as defined in Chapter 1101, are permitted, including but not limited to the following and meeting the specified restrictions:
(a) Roadside stands for sale of agricultural products raised on the premises only.
(b) Private automobile garages, provided that garages accessory to single-family dwellings shall be limited in width to three parking stalls.
(c) Swimming pools provided they are located only in the buildable portion of a lot or in a required rear yard, and are no closer to any lot line than ten feet. This includes all decks, mechanical equipment, slides, diving boards, deck material, etc.
(Ord. 55-2011. Passed 7-18-11.)
(d) Recreational Vehicle, Utility Trailers and Equipment Storage.
(1) All recreational vehicles and equipment shall be kept in clean, good repair and carry a current license plate and registration where required by law.
(2) No recreational vehicles, utility trailers and/or equipment shall be parked or stored on a property unless it is titled to, leased or used exclusively by one or more of the permanent occupants of the residence where the recreational vehicle, utility trailer, and/or equipment is located.
(3) Only one recreational vehicle, utility trailer or equipment shall be in the rear or side yard, no front yard storage permitted, except that such recreational vehicle, utility trailer and/or equipment may be parked on the driveway or paved portions of a front yard for the purpose of loading and unloading for a period of time not to exceed seventy-two (72) hours within any consecutive seven (7) day period.
(4) Recreational vehicles, utility trailers, and/or equipment shall be a minimum of five (5) feet from any lot line and the front foremost point of the recreational vehicle, trailer and/or equipment shall be a minimum of five (5) feet to the rear of the front of any dwelling on the same lot or an adjacent lot, whichever dwelling has the greater setback from the street.
(5) Any recreational vehicle, utility trailer, and/or equipment in excess of 20 feet in length shall be an additional one foot from any lot line for each additional five (5) feet or any portion thereof of vehicle, utility trailer and/or equipment storage length, i.e., a recreational vehicle 33' in length shall be 8' from any property line.
(6) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not have fixed connections to electrical, water, gas or sewer facilities.
(7) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not be used for living or housekeeping purposes.
(8) Recreational vehicles, utility trailers, and/or equipment must be stored on a properly maintained hard surface (crushed stone, concrete, or asphalt).
(9) Recreational equipment shall not be covered with any type of tarp material other than covers specifically manufactured for the vehicle/equipment being stored. Covers with snaps made to attach to boats/equipment are acceptable.
(10) No recreational equipment shall be openly visible from an adjoining lot. Landscape screening and fencing, as permitted within this Zoning Code, are permissible to satisfy this requirement. Screening of evergreens or other suitable plant material, not less than five feet high with an expected normal growth to seven feet are also permissible to satisfy this requirement.
(11) Recreational equipment on corner lots shall be at least sixty (60) feet from both the front lot line and the side yard lot line nearest the street. All screening requirements are to be adhered to.
(e) Location of Accessory Buildings. An accessory building not exceeding twenty feet in height may be located in the buildable portion of a lot, but may occupy not more than thirty percent of the area of a rear yard. No accessory building shall be closer than ten feet to the main building, closer than sixty feet to the front lot line nor closer than three feet to any other lot line, except that an accessory building may be within five feet of a residential main building if no windows or doors are located in that portion of a wall of the dwelling that is directly opposite and parallel to a wall of the accessory building.
(f) Temporary Parking of Business Trailer. No person shall park or store a business trailer in a residential area of the City, except in a completely enclosed garage or building, excepting therefrom the temporary outside parking of such business trailer shall be permitted in the front yard and/or side yard for a period not to exceed a total of twenty-four hours in any consecutive ten day period.
(g) Portable Storage Containers. Residential use properties are permitted one portable storage container for an aggregate of fourteen total days per year. The container must be situated on a paved surface and be set back a minimum of ten feet from the right of way, easement of access, or edge of pavement, whichever is the greater setback. A portable storage container is intended to provide “temporary” storage for moving and similar short-term purposes. These units are not permitted as a permanent accessory storage structure, regardless of the proposed location of the unit. A temporary/accessory residential use zoning certificate is required before the container is placed on-site. Nonresidential use properties are permitted one portable storage container for fourteen total days per year. The container must be situated on a paved surface and be set back a minimum of ten feet from the right of way, easement of access, or edge of pavement, whichever is the greater setback. These units are not permitted as a permanent accessory storage structure, regardless of the proposed location of the unit. A temporary commercial use zoning certificate is required before the container is placed on site.
(Ord. 73-2013. Passed 11-18-13.)
1121.08 FENCES AND HEDGES.
(a) Fences or hedges may not exceed three and one-half feet in height in the required front yard.
(b) Fences may not exceed four feet in height in the required side yard adjacent to the main building and projected to the required front yard.
(c) Fences may not exceed seven feet in height in any other location on a lot. (See Diagram A for illustration.)
(d) In any residential district, no fence, structure or planting shall be built or maintained in such a manner that visibility is obstructed from intersecting streets within eighty feet in each direction from the intersection of the street centerlines.
 |
1121.09 SIGNS.
1121.10 FACADE LIGHTING.
Illuminated tubing is not permitted in R-2 Single Family Residential Small Lot District.
(Ord. 25-2013. Passed 5-6-13.)
1123.01 PURPOSE.
The purpose of this Chapter is to provide certain locations for two-family dwellings and maintain residential values.
1123.02 MINIMUM REQUIREMENTS.
No building shall be erected or enlarged unless the following minimum requirements are met:
(a) Lot area 10,000 square feet (see Section 1123.03 below)
(b) Lot width 60 feet (see Section 1123.03 below)
(c) Front yard* 25 feet
(d) Side yards* 6 feet
(e) Rear yard* 25 feet
(f) Ground floor area 624 square feet per unit
(g) Total floor area 864 square feet per unit
(h) Lot area per family 5,000 square feet per unit.
1123.03 LOT OF RECORD; EXCEPTIONS.
(a) A lot of record at the time of adoption of this Zoning Ordinance which does not meet the minimum lot area and width requirements may be occupied by a permitted use, provided that yard and other requirements of this Zoning Ordinance are met, and provided that the owner does not own any adjoining land at the time of passage or amendment of this Zoning Ordinance.
(b) The lot area requirement of Section 1117.02 shall not apply to lots contained in subdivisions which are the subject of an agreement by the owner or developer wherein the owner or developer has conveyed or agrees to convey acreage contained in or contiguous to such subdivision to the City for public purposes, thereby reducing the area available for private uses and development. Where such agreements exist, the area so conveyed to the City may be added pro rata to each lot in the residential subdivision for purposes of computing the minimum lot area requirements of Section 1117.02 hereof. However, in no event shall any residential lot in any R-2-A Residential District be smaller than 9,000 square feet.
1123.04 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed two and one-half stories or thirty-five feet in height. (See Chapter 1161 for height exceptions.)
1123.05 OFF-STREET PARKING AND LOADING.
1123.06 PERMITTED USES.
Permitted uses in R-2-A Residential Districts shall be as follows:
(a) Accessory uses
(b) Agriculture
(c) Educational facilities, elementary school
(d) Educational facilities, high school
(e) Educational facilities, junior high school
(f) Educational facilities, nursery school or preschool
(g) Home Occupations
(h) Parks, playgrounds and community buildings owned or operated by public agencies.
(i) Single-family dwellings, detached
(j) Single-family dwellings, attached
(l) Two-family dwellings
(m) Utility facilities necessary for local service to the adjacent area.
1123.07 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses, as defined in Chapter 1101, are permitted, including but not limited to the following and meeting the specified restrictions:
(a) Private automobile garages, provided that garages accessory to a single family dwelling shall be limited in width to three parking stalls, and garages accessory to two-family dwellings shall be limited in width to four parking stalls.
(b) Swimming pools, provided they are located only in the buildable portion of a lot or in a required rear yard and are no closer to any lot line than ten feet.
(Ord. 55-2011. Passed 7-18-11.)
(c) Recreational Vehicle, Utility Trailers and Equipment Storage.
(1) All recreational vehicles and equipment shall be kept in clean, good repair and carry a current license plate and registration where required by law.
(2) No recreational vehicles, utility trailers and/or equipment shall be parked or stored on a property unless it is titled to, leased or used exclusively by one or more of the permanent occupants of the residence where the recreational vehicle, utility trailer, and/or equipment is located.
(3) Only one recreational vehicle, utility trailer or equipment shall be in the rear or side yard, no front yard storage permitted, except that such recreational vehicle, utility trailer and/or equipment may be parked on the driveway or paved portions of a front yard for the purpose of loading and unloading for a period of time not to exceed seventy-two (72) hours within any consecutive seven (7) day period.
(4) Recreational vehicles, utility trailers, and/or equipment shall be a minimum of five (5) feet from any lot line and the front foremost point of the recreational vehicle, trailer and/or equipment shall be a minimum of five (5) feet to the rear of the front of any dwelling on the same lot or an adjacent lot, whichever dwelling has the greater setback from the street.
(5) Any recreational vehicle, utility trailer, and/or equipment in excess of 20 feet in length shall be an additional one foot from any lot line for each additional five (5) feet or any portion thereof of vehicle, utility trailer and/or equipment storage length, i.e., a recreational vehicle 33' in length shall be 8' from any property line.
(6) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not have fixed connections to electrical, water, gas or sewer facilities.
(7) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not be used for living or housekeeping purposes.
(8) Recreational vehicles, utility trailers, and/or equipment must be stored on a properly maintained hard surface (crushed stone, concrete, or asphalt).
(9) Recreational equipment shall not be covered with any type of tarp material other than covers specifically manufactured for the vehicle/equipment being stored. Covers with snaps made to attach to boats/equipment are acceptable.
(10) No recreational equipment shall be openly visible from an adjoining lot. Landscape screening and fencing, as permitted within this Zoning Code, are permissible to satisfy this requirement. Screening of evergreens or other suitable plant material, not less than five feet high with an expected normal growth to seven feet are also permissible to satisfy this requirement.
(11) Recreational equipment on corner lots shall be at least sixty (60) feet from both the front lot line and the side yard lot line nearest the street. All screening requirements are to be adhered to.
(d) An accessory building not exceeding twenty feet in height may be located in the buildable portion of a lot, but may occupy not more than thirty percent of the area of the rear yard. No accessory building shall be closer than ten feet to the main building, closer than sixty feet to the front lot line nor closer than three feet to any other lot line, except that an accessory building may be within five feet of a residential main building if no windows or doors are located in that portion of a wall of the dwelling that is directly opposite and parallel to a wall of the accessory building. (Ord. 74-2013. Passed 11-18-13.)
1123.08 FENCES AND HEDGES.
(a) Fences or hedges may not exceed three and one-half feet in height in the required front yard.
(b) Fences may not exceed four feet in height in the required side yard adjacent to the main building and projected to the required front yard.
(c) Fences may not exceed seven feet in height in any other location on a lot. (See Diagram A for illustration.)
(d) In any residential district, no fence, structure or planting shall be built or maintained in such a manner that visibility is obstructed from intersecting streets within eighty feet in each direction from the intersection of the street centerlines.
 |
1123.09 SIGNS.
1123.10 FACADE LIGHTING.
Illuminated tubing is not permitted in R-2-A Two-Family Residential Small Lot District.
(Ord. 25-2013. Passed 5-6-13.)
1125.01 PURPOSE.
The purpose of this Chapter is to provide a location for residential dwellings having two or more separate dwelling units per individual structure including two-family dwellings, townhouses, apartments, garden apartments and motel apartments. The R-3 District is medium density in terms of dwelling units per acre. Open space requirements provide substantial play and recreation areas.
1125.02 LOCATION.
The boundaries of the R-3 District are shown on the Official Zoning Map. R-3 zoning is generally located in relation to the following urban facilities and services:
(a) Collector or arterial streets;
(b) Public transportation;
(c) Shopping facilities;
(d) Schools;
(e) Parks and recreation areas;
(f) Public sewer and water facilities; and
(g) Police and fire protection.
The moderate population density of this R -3 District and the limited elevation of structures therein tend to make such District reasonably compatible with single-family and lesser density two-family residential areas, and such District can be located in close proximity thereto under good design principles. The R-3 District is also especially suited as a transition between lesser density residential areas such as single-family and two-family residential areas and those areas having medium high density multiple-family dwellings or commercial activities.
1125.03 MINIMUM REQUIREMENTS.
(a) Lot area 9,600 square feet
(b) Lot width 80 feet
(c) Front yard* 25 feet
(d) Side yards* 10 feet
(e) Rear yard* 25 feet
1125.04 MAXIMUM DENSITY.
The number of dwelling units shall not exceed fifteen per acre. Lot acreage, for this computation, may include one-half of one public street on which the lot acreage abuts.
Lot area x .30 = allowable floor area (square feet)
Lot acreage x 15 = allowable number of dwelling units.
1125.05 FLOOR AREA.
No dwelling unit in the R-3 District shall have less than 624 square feet of floor area.
1125.06 OPEN SPACE.
In the R-3 District, open space is the total land area of the lot minus the total area of such lot used for buildings. There shall be not less than 2. 3 square feet of open space for each square foot of floor area.
Floor area x 2.3 = minimum open space (square feet)
1125.07 LIVABILITY SPACE.
Livability space is that part of the open space as hereinabove defined remaining after excluding therefrom the nonenclosed space for vehicular parking and vehicular movement. There shall be not less than 1. 3 square feet of livability space for each square foot of floor area.
Floor area x 1.3 = minimum livability space (square feet)
1125.08 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed three stories or thirty-five feet in height. (See Chapter 1161 for height exceptions.
1125.09 OFF-STREET PARKING.
Off-street parking shall be provided as required in Chapter 1157. The parking areas in the R-3 District required by Chapter 1157 to be screened shall, in addition to the requirements for a screen as defined in Section 1101.37, be screened in accordance with screening as defined in Section 1125.14 and should Section 1125.14 conflict with Sections 1157.14 or 1101.37 in any respect, the more restrictive provision or provisions of such conflicting sections shall control.
1125.10 LOTS OF RECORD; EXCEPTIONS.
(a) Any lot of record in the R-3 District at the time of the adoption hereof having a total area of less than 8,400 square feet, or a width of less than seventy feet, shall not have constructed thereon a building containing a floor area exceeding .20 square feet for each square foot of lot area.
Lot area x .20 = allowable floor area (square feet)
(b) Any lot of record in the R-3 District at the time of the adoption hereof exceeding both the area and width requirements under Subsection (a) hereof, but having a total area of less than 9, 600 square feet, or a width of less than eighty feet, shall not have constructed thereon a building containing a floor area exceeding .25 square feet for each square foot of lot area.
Lot area x .25 = allowable floor area (square feet)
(c) On any lot of record in the R-3 District at the time of the adoption hereof having less than 5,000 square feet of land area, one dwelling unit shall be permitted thereon provided that yard and other requirements of this Zoning Ordinance are met.
1125.11 PERMITTED USES.
Uses permitted in the R-3 District shall be as follows:
(a) Accessory uses
(b) Educational facilities, elementary school
(c) Educational facilities, high school
(d) Educational facilities, junior high school
(e) Educational facilities, nursery school or preschool
(f) Home Occupations
(g) Multiple dwellings.
(h) Parks, playgrounds and community buildings owned or operated by public agencies.
(i) Single-family dwellings, detached
(j) Single-family dwellings, attached
(l) Two-family dwellings.
(m) Utility facilities necessary for local service to the adjacent area.
1125.12 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses, as defined in Chapter 1101 and meeting the specified restrictions, are permitted in the R-3 District including, but not limited to the following:
(a) Private automobile garages, provided that garages accessory to single-family dwellings shall be limited in width to three parking stalls.
(b) Swimming pools, provided they are located only in the buildable portion of a lot or in a required rear yard, and are no closer to any lot line than ten feet. (Also see Chapter 1325 for other requirements.) (Ord. 55-2011. Passed 7-18-11.)
(c) Recreational Vehicle, Utility Trailers and Equipment Storage.
(1) All recreational vehicles and equipment shall be kept in clean, good repair and carry a current license plate and registration where required by law.
(2) No recreational vehicles, utility trailers and/or equipment shall be parked or stored on a property unless it is titled to, leased or used exclusively by one or more of the permanent occupants of the residence where the recreational vehicle, utility trailer, and/or equipment is located.
(3) Only one recreational vehicle, utility trailer or equipment shall be in the rear or side yard, no front yard storage permitted, except that such recreational vehicle, utility trailer and/or equipment may be parked on the driveway or paved portions of a front yard for the purpose of loading and unloading for a period of time not to exceed seventy-two (72) hours within any consecutive seven (7) day period.
(4) Recreational vehicles, utility trailers, and/or equipment shall be a minimum of five (5) feet from any lot line and the front foremost point of the recreational vehicle, trailer and/or equipment shall be a minimum of five (5) feet to the rear of the front of any dwelling on the same lot or an adjacent lot, whichever dwelling has the greater setback from the street.
(5) Any recreational vehicle, utility trailer, and/or equipment in excess of 20 feet in length shall be an additional one foot from any lot line for each additional five (5) feet or any portion thereof of vehicle, utility trailer and/or equipment storage length, i.e., a recreational vehicle 33' in length shall be 8' from any property line.
(6) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not have fixed connections to electrical, water, gas or sewer facilities.
(7) Recreational vehicle, utility trailer, and/or equipment which is so parked shall not be used for living or housekeeping purposes.
(8) Recreational vehicles, utility trailers, and/or equipment must be stored on a properly maintained hard surface (crushed stone, concrete, or asphalt).
(9) Recreational equipment shall not be covered with any type of tarp material other than covers specifically manufactured for the vehicle/equipment being stored. Covers with snaps made to attach to boats/equipment are acceptable.
(10) No recreational equipment shall be openly visible from an adjoining lot. Landscape screening and fencing, as permitted within this Zoning Code, are permissible to satisfy this requirement. Screening of evergreens or other suitable plant material, not less than five feet high with an expected normal growth to seven feet are also permissible to satisfy this requirement.
(11) Recreational equipment on corner lots shall be at least sixty (60) feet from both the front lot line and the side yard lot line nearest the street. All screening requirements are to be adhered to.
(d) An accessory building not exceeding twenty feet in height may be located in the buildable portion of a lot, but may occupy not more than thirty percent of the area of a rear yard. No accessory building shall be closer than ten feet to the main building, closer than sixty feet to the front lot line nor closer than three feet to any other lot line, except that an accessory building may be within five feet of a residential main building if no windows or doors are located in that portion of a wall of the dwelling that is directly opposite and parallel to a wall of the accessory building.
(Ord. 78-2013. Passed 11-18-13.)
1125.13 FENCES AND HEDGES.
(a) Fences or hedges may not exceed three and one-half feet in height in the required front yard.
(b) Fences may not exceed four feet in height in the required side yard adjacent to the main building and projected to the required front yard.
(c) Fences may not exceed seven feet in height in any other location on a lot. (See Diagram A for illustration.)
(d) In any residential district no fence, structure or planting shall be built or maintained in such a manner that visibility is obstructed from intersecting streets within eighty feet in each direction from the intersection of the street centerlines.
 |
1125.14 SCREENING.
Screening shall be effective and suitable for the purpose intended. Such screening shall be esthetically attractive, compatible with the surrounding "R" properties, and have year-round screening value. Deciduous trees and shrubs are not acceptable for screening purposes. Acceptable for such screening purposes are plantings of spruce, pine, fir or hemlock in sizes sufficient to provide effective screening at the time of planting. Arborvitae (thuja) is not acceptable for permanent screen planting. Plantings shall be so arranged as to provide both effective screening immediately, and yet provide adequate space for development at maturity. Where plant material is used, a growing strip at least six feet in width, measured perpendicular to the lot line, shall be provided. The surface of the growing strip may not be paved or covered over with any material impervious to the free passage of either air or water. Also acceptable for screening purposes are walls or fences constructed of wood products, brick, stone or precast concrete shapes other than blocks.
1125.15 SIGNS.
1125.16 ROW OR MOTEL-TYPE DWELLING UNITS.
In two-family and multiple -dwelling buildings with attached dwelling units, which are of a row house nature with party walls between dwelling units and private or semiprivate entrances, each dwelling unit shall have provided adjacent to one exterior face an open space extending twenty feet horizontally outward at right angles the full width of the building face. For each dwelling unit which has two exterior faces parallel to each other, there shall be provided adjacent to the second exterior face an open space extending ten feet horizontally outward at right angles the full width of the building face. (See Diagram B for illustration of open space requirements.)
 |
In addition, the following conditions shall apply:
(a) Vehicular parking areas and driveways shall be prohibited from both required open spaces.
(b) An open space which fulfills one of the above requirements for one dwelling unit shall not be used to satisfy the requirement for another dwelling unit, except for adjacent dwelling units on the inside corner of a building or adjacent buildings whose exterior walls are at right angles to each other, in which case the required yards may overlap. (See Diagram C for illustration of interior corners where open space requirements may be shared.)
 |
1125.17 FACADE LIGHTING.
Illuminated tubing is not permitted in R-3 Multiple Dwelling Medium Density District.
(Ord. 25-2013. Passed 5-6-13.)
1127.01 PURPOSE.
The purpose of this Chapter is to provide a location for multiple-family apartment structures having a greater dwelling unit density than is permitted in the R-3 District including duplexes, townhouses, apartments, garden apartments, motel apartments and other residential multi-story construction. The R-4 District is medium high density in terms of dwelling units per acre. Open space requirements provide limited play and recreation areas.
1127.02 LOCATION.
The R-4 District should generally be located in relation to the following urban facilities and services:
(a) Collector or arterial streets;
(b) Public transportation;
(c) Shopping facilities;
(d) Schools;
(e) Parks and recreation areas;
(f) Public sewer and water facilities; and
(g) Police and fire protection.
Due to the substantially greater intensity of land use, and also to the greater permitted heights of the building structures, the R-4 District is generally noncompatible with single-family and two-family residential areas. The R-4 District is compatible with R-3 Multiple Dwelling Districts and the several commercial districts.
1127.03 MINIMUM REQUIREMENTS.
(a) Lot area 12,000 square feet
(b) Lot width 100 feet
(c) Front yard* 25 feet**
(d) Side yard* 10 feet***
(e) Rear yard* 25 feet**
**Front and rear yards shall be thirty feet, or one-half the total height of the highest structure thereon, whichever is greater.
***The side yards for buildings exceeding thirty-five feet in height shall be increased over the minimum requirement by one additional foot for each two feet of building height over twenty-five feet.
1127.04 MAXIMUM DENSITY.
The number of dwelling units shall not exceed fifteen per acre. Lot acreage, for this computation, may include one-half of one public street on which the lot acreage abuts.
Lot area x .45 = allowable floor area (square feet)
Lot acreage x 15 = allowable number of dwelling units.
1127.05 FLOOR AREA.
No dwelling unit within the R-4 District shall have less than 624 square feet of floor area.
1127.06 OPEN SPACE.
In the R-4 District open space is the total land area of the lot, minus the total area of such lot used for buildings. There shall be not less than 1. 6 square feet of open space for each square foot of floor area.
Floor area x 1. 6 = minimum open space (square feet)
1127.07 LIVABILITY SPACE.
Livability space is that part of the open space as hereinabove defined remaining after excluding therefrom the nonenclosed space for vehicular parking and vehicular movement. There shall be not less than .75 square feet of livability space for each square foot of floor area.
Floor area x .75 = minimum livability space (square feet)
1127.08 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed three stories or thirty-five feet in height.
1127.09 OFF-STREET PARKING.
Off-street parking shall be provided as required in Chapter 1157
. The parking areas in the R-4 District required by Chapter 1157
to be screened shall, in addition to the requirements for a screen as defined in Section 1101.37
, be screened in accordance with screening as defined in Section 1127.14
and should Section 1127.14
conflict with Sections 1157.14
or 1101.37
in any respect, the more restrictive provision or provisions of such conflicting sections shall control.
1127.10 LOTS OF RECORD; EXCEPTION.
(a) Any lot of record in the R-4 District at the time of the adoption hereof having a total area of less than 8.400 square feet, or a width of less than seventy feet, shall not have constructed thereon a building containing a floor area exceeding .20 square feet for each square foot of lot area.
Lot area x .20 = allowable floor area (square feet)
(b) Any lot of record in the R-4 District at the time of the adoption hereof exceeding both the area and width requirements under subsection (a) hereof, but having a total area of less than 9.600 square feet, or a width of less than eighty feet, shall not have constructed thereon a building containing a floor area exceeding .25 square feet for each square foot of lot area.
Lot area x .25 = allowable floor area (square feet)
(c) Any lot of record in the R -4 District exceeding both the area and width requirements under subsection (b) hereof, but having a total area of less than 10, 800 square feet, or a width of less than ninety feet, shall not exceed .30 square feet of floor area for each square foot of lot area.
Lot area x .30 = allowable floor area (square feet)
(d) Any lot of record in the R-4 District exceeding both the area and width requirements under subsection (c) hereof, but having a total area of less than 12,000 square feet or a width of less than 100 feet, shall not exceed .40 square feet of floor area for each square foot of lot area.
Lot area x .40 = allowable floor area (square feet)
(e) On any lot of record in the R-4 District at the time of the adoption of this Zoning Ordinance having less than 5,000 square feet of land area, one dwelling unit shall be permitted thereon provided that yard and other requirements of this Zoning Ordinance are met.
1127.11 PERMITTED USES.
Uses permitted in the R-4 District shall be as follows:
(a) Accessory uses
(b) Educational facilities, elementary school
(c) Educational facilities, high school
(d) Educational facilities, junior high school
(e) Educational facilities, nursery school or preschool
(f) Home Occupations
(g) Multiple dwellings.
(h) Parks, playgrounds and community buildings owned or operated by public agencies.
(i) Single-family dwellings, detached
(j) Single-family dwellings, attached
(l) Two-family dwellings.
(m) Utility facilities necessary for local service to the adjacent area.
1127.12 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses, as. defined in Chapter 1101 and meeting the specified restrictions, are permitted in the R-4 District including, but not limited to the following:
(a) Private automobile garages, provided that garages accessory to single-family dwellings shall be limited in width to three parking stalls.
(b) Swimming pools, provided they are located only in the buildable portion of a lot or in a required rear yard, and are no closer to any lot line than ten feet. (Also see Chapter 1325 for other requirements).
(c) Recreational Vehicle, Utility Trailers and Equipment Storage. Recreational equipment may be parked or maintained in a R-4 District for a period of time not to exceed (72) seventy-two hours, unless housed within a garage.
(d) An accessory building not exceeding twenty feet in height may be located in the buildable portion of a lot in the R-4 District. No unattached garage or other accessory building shall be closer than twenty-five feet to the main building, closer than sixty feet to the front lot line, nor closer than three feet to any other lot line.
1127.13 FENCES AND HEDGES.
(a) Fences or hedges may not exceed three and one-half feet in height in the required front yard.
(b) Fences may not exceed four feet in height in the required side yard adjacent to the main building and projected to the required front yard.
(c) Fences may not exceed seven feet in height in any other location on a lot. (See Diagram A for illustration.)
(d) In any residential district no fence, structure or planting shall be built or maintained in such a manner that visibility is obstructed from intersecting streets within eighty feet in each direction from the intersection of the street centerlines.
 |
1127.14 SCREENING.
Screening shall be effective and suitable for the purpose intended. Such screening shall be esthetically attractive, compatible with the surrounding "R" properties, and have year-round screening value. Deciduous trees and shrubs are not acceptable for screening purposes. Acceptable for such screening purposes are plantings of spruce, pine, fir or hemlock in sizes sufficient to provide effective screening at the time of planting. Arborvitae (thuja) is not acceptable for permanent screen planting. Plantings shall be so arranged as to provide both effective screening immediately, and yet provide adequate space for development at maturity. Where plant material is used, a growing strip at least six feet in width, measured perpendicular to the lot line, shall be provided. The surface of the growing strip may not be paved or covered over with any material impervious to the free passage of either air or water. Also acceptable for screening purposes are walls or fences constructed of wood products, brick, stone or precast concrete shapes other than blocks.
1127.15 SIGNS.
1127.16 ROW OR MOTEL-TYPE DWELLING UNITS.
In two-family and multiple -dwelling buildings with attached dwelling units, which are of a row house nature with party walls between dwelling units and private or semiprivate entrances, each dwelling unit shall have provided adjacent to one exterior face an open space extending twenty feet horizontally outward at right angles the full width of the building face. For each dwelling unit which has two exterior faces parallel to each other, there shall be provided adjacent to the second exterior face an open space extending ten feet horizontally outward at right angles the full width of the building face. (See Diagram B for illustration of open space requirements.)
 |
In addition, the following conditions shall apply:
(a) Vehicular parking areas and driveways shall be prohibited from both required open spaces.
(b) An open space which fulfills one of the above requirements for one dwelling unit shall not be used to satisfy the requirement for another dwelling unit, except for adjacent dwelling units on the inside corner of a building or adjacent buildings whose exterior walls are at right angles to each other, in which case the required yards may overlap. (See Diagram C for illustration of interior corners where open space requirements may be shared).
 |
1127.17 FACADE LIGHTING.
Illuminated tubing is not permitted in R-4 Multiple Dwelling Medium High Density District.
(Ord. 25-2013. Passed 5-6-13.)
1131.01 PURPOSE.
The purpose of this Chapter is to establish a retail, service and office district which is restricted in nature and relatively compatible with residential areas, for the purpose of providing necessary commercial services at convenient locations to the resident population.
1131.02 LOCATION.
The B-1 District will apply to commercial service locations close to residential areas. The districts should be located in reference to major streets, accessibility and service to residential areas.
1131.03 PERFORMANCE STANDARDS.
The following rules shall apply to all uses in this District, except that legal nonconforming uses may continue at the same performance level at which they operated before they became nonconforming in relation to this Zoning Ordinance:
(a) Outdoor uses and activities are permitted outside buildings, but all merchandise shall be removed at the close of business each day. No outside storage of merchandise, equipment or fixtures is allowed.
(b) There shall be no noise carrying beyond a lot upon which a business is located, except for normal car and pedestrian activity.
(c) No business shall remain open to the public later than 11:00 p.m., or open before 5:00 a.m., local time.
1131.04 YARD REQUIREMENTS.
(See Section 1131.08 for residential building requirements.)
(a) Front yard - Twenty feet. (See Chapter 1161 for special requirements for required front yards and building projections.)
(b) Side yards - No side yard is required, except that a ten foot side yard is required adjacent to a residential zoning district.
(c) Rear yard - No rear yard is required, except that a thirty foot rear yard is required adjacent to a residential zoning district.
1131.05 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed thirty-five feet in height. (See Chapter 1161 for general height exceptions.
1131.06 OFF-STREET PARKING AND LOADING.
1131.07 PERMITTED USES.
Uses permitted in the B-1 District shall be as follows:
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Commercial parking lots and garages.
(c) Copy or Business Center
(d) Educational facilities, elementary school
(e) Educational facilities, high school
(f) Educational facilities, junior high school
(g) Educational facilities, nursery school or preschool
(h) Funeral homes.
(i) Home Occupations
(j) Lodges and fraternal organizations.
(k) Multiple dwellings.
(l) Offices and activities of an office nature including banks, doctors' and dentists' offices and clinics and other professional and business offices.
(m) Parks, playgrounds and community buildings owned or operated by public agencies.
(n) Personal service businesses including barber shops, beauty parlors, shoe repair shops, laundry and dry cleaning pick-up stations, photography studios and similar businesses meeting the purpose and performance characteristics of this district.
(o) Professional activities including medical, dental, optical, accounting, law, architectural and engineering (office only).
(p) Restaurant
(q) Restaurant, with outdoor customer dining area
(r) Retail bakeries.
(s) Retail stores meeting the performance standards set forth in Section 1131.03.
(t) Sales rooms.
(u) Single-family dwellings, in a mixed use building
(w) Two-family dwellings.
(x) Utility facilities necessary for local service to the adjacent area.
1131.08 RESIDENTIAL USES.
(a) Every building hereafter built or located in this District which contains a dwelling unit or units, including duplexes, multiple dwellings and store buildings containing dwellings, shall meet the side yard and rear yard requirements of Section 1125.03, and conform to the requirements set forth in Sections 1125.04 through 1125.07 and 1125.09.
(b) Two -family and multiple dwelling buildings with attached dwelling units, which are of a row house nature with party walls between dwelling units and private or semiprivate entrances, shall meet the requirements of Section 1125.16.
1131.09 SCREENING.
(a) All side and rear yards in this District abutting residentially-zoned land shall be screened therefrom and shall be required to have effective screening suitable for the purpose intended and as required in this section. Such screening shall be esthetically attractive, compatible with the surrounding residentially-zoned properties, and have year-round screening value. Deciduous trees and shrubs are not acceptable for screening purposes. Acceptable for such screening purposes are plantings of spruce, pine, fir or hemlock in sizes sufficient to provide effective screening at the time of planting. Arborvitae (thuja) is not acceptable for permanent screen planting. Plantings shall be so arranged as to provide both effective screening immediately, and yet provide adequate space for development at maturity. Where plant material is used, a growing strip at least six feet in width, measured perpendicular to the lot line, shall be provided. The surface of the growing strip may not be paved or covered over with any material impervious to the free passage of either air or water. Also acceptable for' screening purposes are walls or fences constructed of wood products, brick, stone or precast concrete shapes other than blocks.
(b) The above requirements for screening shall be in addition to any applicable requirements of Chapters 1157
and 1159
, pursuant to Section 1131.06 for screening, and should any screening be required by two or more provisions of this Zoning Ordinance, the most restrictive requirement shall control.
1131.10 SIGNS.
1131.11 FACADE LIGHTING.
Illuminated tubing shall be permitted in B-1 Limited Business and Office District. Provided, however, that such illuminated tubing shall not be permitted on a facade that faces a bordering residential zoning classification.
(Ord. 25-2013. Passed 5-6-13.)
1133.01 PURPOSE.
The purpose of this Chapter is to provide a location for structures which will be limited solely to office and/or laboratory type functions. The design of the structures, setbacks and screening, together with the restricted nature of permitted activities, will generally tend to make the P-R-0 District compatible with R-3 and R-4 Districts and all B Districts.
1133.02 LOCATION.
The boundary of the P-R-O District is illustrated on the Official Zoning Map and is located on, and served by, at least one arterial street or road.
1133.03 PERFORMANCE STANDARDS.
(a) The following rules shall apply to all uses in this District:
(b) All uses and activities shall be inside the structure, with no outside storage or activity permitted.
(c) No office or facility shall remain open to the public later than 10:00 p.m., or open before 5:00 a.m., local time.
(d) There shall be no noise carrying beyond a lot upon which the structure is located, except for normal automobile and pedestrian activity.
1133.04 LOT REQUIREMENTS.
(a) Lot size 24, 000 square feet
(b) Lot width 120 feet
1133.05 LOT OF RECORD.
A lot of record at the time of adoption of this Zoning Ordinance which does not meet the minimum lot area and/or width requirements may be occupied by a permitted use, provided that yard and other requirements of this Zoning Ordinance are met, and provided that the owner does not own any adjoining land at the time of passage of this Zoning Ordinance.
1133.06 YARD REQUIREMENTS.
(a) Front yard 30 feet*
(b) Side yard 10 feet**
(c) Rear yard 20 feet***
**A side yard abutting a residential lot shall be not less than twenty-five feet in width.
***When the rear lot line abuts a residential lot, the rear-most part of the building shall not be located nearer than forty feet from the rear lot line.
1133.07 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed thirty-five feet in height. (See Chapter 1161 for general height exceptions.)
1133.08 OFF-STREET PARKING AND LOADING.
All off-street parking areas in this District shall be either on the sides or to the rear of the main building. Otherwise, off-street parking and loading shall be provided as required in Chapters 1157
and 1159
respectively. The off-street parking areas in this District required by Chapter 1157
to be screened, and the off-street loading berths in this District required by Chapter 1159
to be screened shall, in addition to the requirements for a screen as defined in Section 1101.37
, be screened in accordance with screening as defined in Section 1133.10
and should Section 1133.10
conflict with Sections 1157.14
, 1159.03
or 1101.37
in any respect, the more restrictive provision or provisions of such conflicting sections shall control.
1133.09 PERMITTED USES.
Uses permitted in the Professional-Research-Office District are restricted to the following:
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Coffee shop primarily serving building tenants and their clients.
(c) Commercial offices, including administrative and sales offices. However, tangible merchandise may not be offered for sale on the premises.
(d) Copy or Business Center
(e) Design and development of computer hardware and software, data communications, information technology, data processing, and other computer-related services.
(f) Educational facilities, college/university
(g) Educational facilities, elementary high school
(h) Educational facilities, high school
(i) Educational facilities, junior high school
(j) Educational facilities, nursery school or preschool
(k) Educational facilities, vocational or trade school
(l) Electronic computing facilities.
(m) Laboratories and research facilities not involved with mechanical testing, or requiring animals other than mice, guinea pigs or rabbits.
(n) Life science technology and medical laboratories, including but not limited to biomedical engineering, materials engineering, biotechnology, genomics, proteomics, molecular and chemical ecology.
(o) Limited light manufacturing of prototypes and related research & development, where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building and no outside storage of raw material or finished products are involved.
(p) Medical pharmacy limited to medical type merchandise only.
(q) Offices and activities of an office nature including banks, doctors' and dentists' offices and clinics and other professional and business offices.
(r) Parks, playgrounds and community buildings owned or operated by public agencies.
(s) Research, design, engineering, testing, diagnostics and pilot or experimental product development, including but not limited to medical device and alternative energy technologies.
(u) Utility facilities necessary for local service to the adjacent area
1133.10 SCREENING.
All side and rear yards in this District abutting residentially zoned land shall be screened therefrom and shall be required to have effective screening suitable for the purpose intended and as required in this section. Such screening shall be esthetically attractive, compatible with the surrounding "R" properties, and have year-round screening value. Deciduous trees and shrubs are not acceptable for screening purposes. Acceptable for such screening purposes are plantings of spruce, pine, fir or hemlock in sizes sufficient to provide effective screening at the time of planting. Arborvitae (thuja) is not acceptable for permanent screen planting. Plantings shall be so arranged as to provide both effective screening immediately, and yet provide adequate space for development at maturity. Where plant material is used, a growing strip at least six feet in width, measured perpendicular to the lot line, shall be provided. The surface of the growing strip may not be paved or covered over with any material impervious to the free passage of either air or water. Also acceptable for screening purposes are walls or fences constructed of wood products, brick, stone or precast concrete shapes other than blocks.
1133.11 FENCES AND HEDGES.
(a) Fences or hedges may not exceed three and one-half feet in height in the required front yard.
(b) Fences may not exceed four feet in height in the required side yard adjacent to the main building and projected to the required front yard.
(c) Fences may not exceed seven feet in height in any other location on a lot. (See Diagram A for illustration.)
(d) In any Professional -Research -Office District no fence, structure or planting shall be built or maintained in such a manner that visibility is obstructed from intersecting streets within eighty feet in each direction from the intersection of the street centerlines.
 |
1133.12 SIGNS.
1133.13 FACADE LIGHTING.
Illuminated tubing shall be permitted in P-R-O Professional, Research and Office District. Provided, however, that such illuminated tubing shall not be permitted on a facade that faces a bordering residential zoning classification.
(Ord. 25-2013. Passed 5-6-13.)
1135.01 PURPOSE.
The purpose of this Chapter is to establish a retail, service and office district which is restricted in nature and relatively compatible with residential areas for the purpose of providing necessary commercial services at convenient locations to the resident population.
1135.02 LOCATION.
This District applies to commercial service locations close to residential areas. The districts should be located in reference to major streets, accessibility and service to residential areas.
1135.03 PERFORMANCE STANDARDS.
The following rules shall apply to all uses in this District, except that legal nonconforming uses may continue at the same performance level at which they operated before they became nonconforming in relation to this Zoning Ordinance:
(a) All uses and activities shall be inside buildings, with no outside storage or activity allowed.
(b) There shall be no noise carrying beyond a lot upon which a business is located, except for normal car and pedestrian activity.
(c) No business shall remain open to the public later than 1:00 a. m., or open before 5:00 a.m., local time.
1135.04 YARD REQUIREMENTS.
(See Section 1135.08 hereof for residential building requirements.)
(a) Front yard - Twenty feet. (See Chapter 1161 for special requirements for required front yards and building projections.)
(b) Side yard - No side yard is required, except that a ten foot side yard is required adjacent to a residential zoning district.
(c) Rear yard - No rear yard is required, except that a thirty foot rear yard is required adjacent to a residential zoning district.
1135.05 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed thirty-five feet in height. (See Chapter 1161 for general height exceptions.
1135.06 OFF-STREET PARKING AND LOADING.
1135.07 PERMITTED USES.
Uses permitted in the B-1-B District shall be as follows:
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Commercial parking lots and garages.
(c) Copy or Business Center
(d) Educational facilities, elementary school
(e) Educational facilities, high school
(f) Educational facilities, junior high school
(g) Educational facilities, nursery school or preschool
(h) Educational facilities, vocational or trade school
(i) Funeral homes.
(j) Home Occupations
(k) Lodges and fraternal organizations.
(l) Multiple dwellings.
(m) Offices and activities of an office nature including banks, doctors' and dentists' offices and clinics and other professional and business offices.
(n) Parks, playgrounds and community buildings owned or operated by public agencies.
(o) Personal service businesses including barber shops, beauty parlors, shoe repair shops, laundry and dry cleaning pick-up stations, photography studios and similar businesses meeting the purpose and performance characteristics of this district.
(p) Restaurant
(q) Restaurant, with outdoor customer dining area
(r) Restaurants with drive-through window service
(s) Retail bakeries.
(t) Retail stores meeting the performance standards set forth in Section 1135.03.
(u) Sales rooms.
(v) Single-family dwellings, in a mixed use building
(x) Two-family dwellings.
(y) Utility facilities necessary for local service to the adjacent area.
1135.08 RESIDENTIAL USES.
(a) Every building hereafter built or located in this District which contains a dwelling unit or units including duplexes, multiple dwellings and store buildings containing dwellings, shall meet the side yard and rear yard requirements of Section 1125.03 and conform to the requirements set forth in Sections 1125.04 through 1125.07 and 1125.09.
(b) Two-family and multiple -dwelling buildings with attached dwelling units, which are of a row house nature with party walls between dwelling units and private or semiprivate entrances, shall meet the requirements of Section 1125.16.
1135.09 SCREENING.
(a) All side and rear yards in this District abutting residentially zoned land shall be screened therefrom and shall be required to have effective screening suitable for the purpose intended and as required in this section. Such screening shall be esthetically attractive, compatible with the surrounding "R" properties and have year-round screening value. Deciduous trees and shrubs are not acceptable for screening purposes. Acceptable for such screening purposes are plantings of spruce, pine, fir or hemlock in sizes sufficient to provide effective screening at the time of planting. Arborvitae (thuja) is not acceptable for permanent screen planting. Plantings shall be so arranged as to provide both effective screening immediately, and yet provide adequate space for development at maturity. Where plant material is used, a growing strip at least six feet in width, measured perpendicular to the lot line, shall be provided. The surface of the growing strip may not be paved or covered over with any material impervious to the free passage of either air or water. Also acceptable for screening purposes are walls or fences constructed of wood products, brick, stone or precast concrete shapes other than blocks.
(b) The above requirements for screening shall be in addition to any applicable requirements of Chapters 1157
and 1159
, pursuant to Section 1135.06
for screening, and should any screening be required by two or more provisions of this Zoning Ordinance, the most restrictive requirement therefore shall control.
1135.10 SIGNS.
1135.11 FACADE LIGHTING.
Illuminated tubing shall be permitted in B-1-B Modified Business and Office District. Provided, however, that such illuminated tubing shall not be permitted on a facade that faces a bordering residential zoning classification.
(Ord. 25-2013. Passed 5-6-13.)
(Ord. 25-2013. Passed 5-6-13.)
1137.01 PURPOSE.
The purpose of this Chapter is to provide a district for general commercial activities.
1137.02 LOCATION.
This District should generally have direct access from a major street and, where possible, because of the performance characteristics and should not generally abut residential districts.
1137.03 PERFORMANCE STANDARDS.
All commercial activities shall be permitted in this District, including drive-in businesses, outdoor activities and businesses with late hours. Activities which are essentially manufacturing, or have performance characteristics beyond those of normal business activities, shall not be permitted in this District.
1137.04 YARD REQUIREMENTS.
1137.05 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed forty-five feet in height. (See Chapter 1161 for height exceptions.)
1137.06 OFF-STREET PARKING AND LOADING.
1137.07 PERMITTED USES.
Uses permitted in the B-2 District shall be as follows:
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Animal hospitals and veterinary offices where there are no outside runs or kennels.
(c) Automobile sales and service businesses including used car lots and repair garages but excluding repair garages which engage primarily in car painting, body repair or truck repair.
(d) Art Education Facility, Private
(e) Bars, cocktail lounges or any business serving alcoholic beverages.
(f) Building material sales and contractors' offices if conducted wholly within an enclosed building.
(g) Cabinet shop conducted wholly within an enclosed building.
(h) Commercial offices, including administrative and sales offices. However, tangible merchandise may not be offered for sale on the premises.
(i) Commercial parking lots and garages.
(j) Commercial recreation businesses including bowling alleys, dance halls, miniature golf courses, etc.
(k) Copy or Business Center
(l) Distributors' warehouses and wholesale outlets with no outdoor storage, and no processing or fabrication.
(m) Educational facilities, elementary school
(n) Educational facilities, high school
(o) Educational facilities, junior high school
(p) Educational facilities, nursery school or preschool
(q) Educational facilities, vocational or trade school
(r) Funeral homes.
(s) Home Occupations
(t) Hotels
(u) Hotels, Extended Stay
(v) Lodges and fraternal organizations.
(w) Medical pharmacy limited to medical type merchandise only.
(x) Microbrewery
(y) Mobile home and travel trailer sales and service.
(z) Monument works having retail outlet on premises.
(aa) Motels
(bb) Multiple dwellings.
(cc) Offices and activities of an office nature including banks, doctors' and dentists' offices and clinics and other professional and business offices.
(dd) Parks, playgrounds and community buildings owned or operated by public agencies.
(ee) Personal service businesses including barber shops, beauty parlors, shoe repair shops, laundry and dry cleaning pick-up stations, photography studios and similar businesses meeting the purpose and performance characteristics of this District.
(ff) Print shop.
(gg) Repair services and businesses.
(hh) Restaurant
(ii) Restaurant, with outdoor customer dining area
(jj) Restaurants with drive-through window service
(kk) Restaurants, Drive-in
(ll) Retail bakeries.
(mm) Retail Sales Establishments
(nn) Sales rooms.
(oo) Single-family dwellings, in a mixed use building
(qq) Two-family dwellings.
(rr) Utility facilities necessary for local service to the adjacent area.
1137.08 RESIDENTIAL USES.
Residential uses are only permitted in a structure that also includes retail, services or other non-residential permitted uses.
1137.09 SIGNS.
1137.10 FACADE LIGHTING.
Illuminated tubing shall be permitted in B-2 General Business District. Provided, however, that such illuminated tubing shall not be permitted on a facade that faces a bordering residential zoning classification.
(Ord. 25-2013. Passed 5-6-13.)
1139.01 PURPOSE.
This District comprises the downtown section of the City which is called the B-3 Central Business District. Here are concentrated activities which have primarily a City-wide function; namely large stores offering comparison shoppers' goods, specialty stores, business services, banks, offices, theaters, hotels and government buildings. The use of land is intensive, which is one of the main determinants of the vitality of the B-3 Central Business District. It is the purpose of these regulations to encourage such intensity of use and to exclude activities which have a negative effect upon the proper functioning of the B-3 Central Business District.
1139.02 LOCATION.
The B-3 Central Business District applies to the downtown area of Sylvania as more specifically identified on the Official Zoning Map.
1139.03 PERMITTED USES.
Uses permitted in the B-3 District shall be as follows:
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Art Education Facility, Private
(c) Bars, cocktail lounges or any business serving alcoholic beverages.
(d) Cabinet shop conducted wholly within an enclosed building.
(e) Commercial parking lots and garages.
(f) Copy or Business Center
(g) Cultural Centers and Museums
(h) Educational facilities, elementary school
(i) Educational facilities, high school
(j) Educational facilities, junior high school
(k) Educational facilities, nursery school or preschool
(l) Entertainment Facility, Commercial
(m) Funeral homes.
(n) Home Occupations
(o) Hotels
(p) Hotels, Extended Stay
(q) Live/Work Areas
(r) Lodges and fraternal organizations.
(s) Medical pharmacy limited to medical type merchandise only.
(t) Microbrewery
(u) Multiple dwellings.
(v) Offices and activities of an office nature including banks, doctors' and dentists' offices and clinics and other professional and business offices.
(w) Outdoor Retail Operations (temporary and subject to Zoning Administrator approval.)
(x) Parks, playgrounds and community buildings owned or operated by public agencies.
(y) Personal service businesses including barber shops, beauty parlors, shoe repair shops, laundry and dry cleaning pick-up stations, photography studios and similar businesses meeting the purpose and performance characteristics of this District.
(z) Print shop.
(aa) Restaurant
(bb) Restaurant, with outdoor customer dining area
(cc) Retail bakeries.
(dd) Retail sales establishments
(ee) Sales rooms.
(ff) Sidewalk Café
(gg) Single-family dwellings, attached
(hh) Single-family dwellings, detached
(ii) Single-family dwellings, in a mixed use building.
(kk) Two-family dwellings.
(ll) Utility facilities necessary for local service to the adjacent area.
(mm) Wine Bar
1139.04 RESIDENTIAL USES.
No dwelling in a B-3 Zoning District shall have less than 750 square feet of floor area and the total number of dwelling units may not exceed 20 per gross acre of land.
1139.05 PERFORMANCE STANDARDS.
The following rules shall apply to all uses in this District, except that legal nonconforming uses may continue at the same performance level at which they operated before they became nonconforming in relation to this Zoning Ordinance:
(a) All uses and activities shall be inside buildings, with no outside storage or activity allowed, except for outside dining and other uses expressly allowed.
(b) There shall be no noise carrying beyond a lot upon which a business is located, except for normal car and pedestrian activity.
(c) No uses may include drive through window service
1139.06 YARD REQUIREMENTS.
No yards are required in the in the B-3 District. However, whenever a parcel, or parcels under common ownership are zoned B-3 and have frontage on the north side of Monroe Street, or along Main Street between Maplewood Ave., and Monroe Street, the yard requirement shall be such that no building may be located more than twelve feet from the right of way line. Further, no off-street parking lot, or individual off-street parking space may be located closer to the right-of-way line than ten feet and the area between parking spaces and the right-of-way shall be landscaped in accordance with requirements defined in Chapter 1160.
1139.07 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed sixty feet in height. (See Chapter 1161 for height exceptions.)
1139.08 MAXIMUM BUILDING SIZE.
No maximum building size exists, but any building that includes a ground floor size of more than 15,000 square feet, or continuous façade that is greater than 75 feet in length, shall be designed with more than one entrance and shall incorporate measures to mirror the scale and appearance of other downtown buildings. Adopted design guidelines may address this issue more fully with illustrated examples.
1139.09 TRANSPARENCY.
A minimum of 60 percent of the street-facing building façade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space or product display areas. The bottom of any window or product display window used to satisfy this transparency standard may not be more than 4 feet above the adjacent sidewalk.
1139.10 DOORS AND ENTRANCES.
Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
1139.11 OFF-STREET LOADING.
1139.12 SIGNS.
1139.13 FACADE LIGHTING.
Illuminated tubing shall be permitted in B-3 Central Business District. Provided, however, that such illuminated tubing shall not be permitted on a facade that faces a bordering residential zoning classification. (Ord. 25-2013. Passed 5-6-13.)
1141.01 PURPOSE.
The purpose of this District is to encourage the development and redevelopment of a commercial mixed-use urban environment. Areas zoned B-4 generally includes existing structures and land uses that may undergo redevelopment, alteration and new construction in response to changing consumer demands and preferences. Given this anticipated change, the B-4 Zoning District is intended to provide a regulatory framework for new mixed-use development creative adaptive reuse of existing buildings and development sites. The list of permitted uses is intentionally broad, but development standards and review procedures are designed to support and stimulate economic development.
1141.02 PERMITTED USES.
Permitted uses in the B-4 District shall be as follows:
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Animal hospitals and veterinary offices where there are no outside runs or kennels.
(c) Automobile sales and service businesses including used car lots and repair garages but excluding repair garages which engage primarily in car painting, body repair or truck repair.
(d) Bars, cocktail lounges or any business serving alcoholic beverages.
(e) Building material sales and contractors' offices if conducted wholly within an enclosed building.
(f) Cabinet shop conducted wholly within an enclosed building.
(g) Commercial offices, including administrative and sales offices. However, tangible merchandise may not be offered for sale on the premises.
(h) Commercial parking lots and garages.
(i) Commercial recreation businesses including bowling alleys, dance halls, miniature golf courses, etc.
(j) Copy or Business Center
(k) Distributors' warehouses and wholesale outlets with no outdoor storage, and no processing or fabrication.
(l) Educational facilities, college/university
(m) Educational facilities, elementary school
(n) Educational facilities, high school
(o) Educational facilities, junior high school
(p) Educational facilities, nursery school or preschool
(q) Educational facilities, vocational or trade school
(r) Electronic computing facilities.
(s) Funeral homes.
(t) Home Occupations
(u) Hotels
(v) Hotels, extended stay
(w) Lodges and fraternal organizations.
(x) Medical pharmacy limited to medical type merchandise only.
(y) Microbrewery
(z) Mobile home and travel trailer sales and service.
(aa) Monument works having retail outlet on premises.
(bb) Motels
(cc) Multiple dwellings.
(dd) Offices and activities of an office nature including banks, doctors' and dentists' offices and clinics and other professional and business offices.
(ee) Parks, playgrounds and community buildings owned or operated by public agencies.
(ff) Personal service businesses including barber shops, beauty parlors, shoe repair shops, laundry and dry cleaning pick-up stations, photography studios and similar businesses meeting the purpose and performance characteristics of this district.
(gg) Print shop.
(hh) Repair services and businesses.
(ii) Restaurant
(jj) Restaurant, with outdoor customer dining area
(kk) Restaurants, drive-in
(ll) Restaurants, with drive-through window service
(mm) Retail bakeries.
(nn) Retail sales establishments
(oo) Retail stores meeting the performance standards set forth in Section 1135.03.
(pp) Sales rooms.
(qq) Single-family dwellings, in a mixed use building
(ss) Two-family dwellings.
(tt) Utility facilities necessary for local service to the adjacent area.
1141.03 LOCATION.
This District is generally intended to apply to areas east of U.S. 23, between Alexis and Monroe Streets.
1141.04 PROCEDURE.
When the owner or owners of a tract of land wish to develop or redevelop property in the B-4 Zoning District, such owner, owners or agent thereof shall submit a Site Plan and/or Development Plan for review and consideration as described in Chapter 1109. A Site Plan or Development Plan is not necessary when the proposed actions involve only a change of use in an existing building, and such proposed actions do not involve the provision of additional parking or other exterior building modifications other than signage.
1141.05 REQUIREMENTS.
(a) Floor to Area Ratio: The maximum Floor to Area Ratio shall be 1.5 for mixed-use buildings and 1.0 for all other buildings.
(b) Building Setbacks and Heights: No interior side setbacks are required in the B-4 District, except when B-4 zoned property abuts property in another zoning district. In such case, the minimum setback required in the C-4 district shall be the same as required for the adjacent zoning district. The maximum building height shall be 45 feet.
(c) Residential Density: The maximum residential density is 15 dwelling units per acre.
1141.06 DESIGN STANDARDS.
More specific design standards may be developed by the City of Sylvania to augment planning polices expressed in the Land Use Plan and this Zoning Ordinance. At a minimum, both individual Site Plans and Development Plans shall advance the following development standards.
(a) Architectural Design:
(1) The architectural features and treatments on a building shall not be restricted to a single facade. All sides of a building open to view by the public, whether viewed from public or private property, shall display a similar level of quality and architectural interest. Architectural features such as windows, awnings, projections, reveals, changes in pattern, and trellises should be used on all sides for visual interest.
(2) The first floor of all buildings should provide for a pedestrian-friendly environment, with human-scale and natural building materials; extensive storefront windows for display and views into the business; and access directly from adjacent sidewalks. When transparency is in conflict with internal functions of the building, other means should be used to activate the street facing facades such as public art, architectural ornamentation or details, or color patterns.
(3) Architectural scaling elements, such as banding, belt coursing, sills, lintels, mullions, and changes in texture, material module and pattern, should be used to break down the appearance of large building forms. Building facades should include a combination of details to enhance the architectural interest.
(4) Exterior walls greater than 40 feet in length should break any flat, monolithic façade with discernible architectural elements. Building facades oriented to the street or public space should provide architectural variety and scale by incorporating elements such as bay windows, recessed entrances and windows, display windows, balconies, cornices, columns, vertical plane breaks, and other types of architectural detailing to provide visual interest
(5) Building designs should provide varied rooflines in order to create interesting skylines are encouraged. Roof shapes should be an integral part of the building architecture and create interesting and varied appearances. Sloped roof forms are encouraged to be a minimum of 6/12 pitch. Design elements for flat roof buildings should include parapets with variable height and/or changes in setback.
(6) Exterior building facades should exhibit high levels of design, detailing, and material quality. A mix of quality, compatible materials is strongly encouraged on all facades facing streets, or other public spaces or areas. Buildings should be constructed of combinations of durable, high-quality materials such as: brick, stone, architectural pre-cast concrete, architecturally cast concrete, cast stone, integrally colored split or ground face concrete masonry units, terra-cotta, stucco or EIFS (exterior insulated finishing system), architectural metal, or any combination of the materials listed.
(b) Parking.
(1) Shared parking is permitted and is encouraged, subject to approval of a shared parking study. Parking requirements may be met on-site, or at a distance of up to 300 feet from the subject use.
(2) At least 10 percent of the area of surface parking lots shall include trees and shrubs surface parking areas should also use landscaping and pedestrian walkways to divide the lot into smaller modules.
(3) On-site street and parking areas shall be lit with full cutoff type lighting fixtures no more than 25 feet tall. Parking lot lighting should be integrated into landscape islands wherever possible, should minimize light trespass and glare, and should be compatible with the overall design of the associated project.
(c) Lighting.
(1) Private sidewalks, internal pedestrian paths, and bicycle paths shall be lit with full cutoff lighting fixtures no more than 16 feet tall and providing consistent illumination. Pedestrian area lighting should be human-scaled and also reflect the overall character or design of the project to which it is associated.
(2) Building lighting should be full cutoff fixtures and should reflect the architectural characteristics of the overall building. Building lighting should complement the overall building architecture in design and nighttime illumination. Building lighting should primarily be used to light pedestrian ways adjacent to the building.
1141.07 FACADE LIGHTING.
Illuminated tubing shall be permitted in B-4 Shopping Center District. Provided, however, that such illuminated tubing shall not be permitted on a facade that faces a bordering residential zoning classification. (Ord. 25-2013. Passed 5-6-13.)
1143.01 PURPOSE.
The purpose of this Chapter is to provide a location for office, retail and residential district including multiple-family apartment structures having a greater dwelling unit density than is permitted in other residential zoning classifications including duplexes, townhouses, apartments, and other residential multi-story construction. The design of the structures and permitted uses will generally tend to make the B-5 District compatible with R-3, R-4 Districts and all B districts. The B-5 District is high density in terms of dwelling units per acre.
(Ord. 27-2017. Passed 6-5-17.)
1143.02 LOCATION.
The B-5 District should generally be located in relation to the following urban facilities and services:
(a) Collector or arterial streets;
(b) Public transportation;
(c) Shopping facilities;
(d) Schools;
(e) Parks and Recreation Areas;
(f) Public sewer and water facilities;
(g) Police and fire protection; and
(h) Contiguous to a B zoned property.
Due to the substantially greater intensity of land use, and also to the greater permitted
heights of the building structures, the B-5 District is generally incompatible with single-family and two-family residential areas. The B-5 District is compatible with R-3 Multiple Dwelling Districts, R-4 Multiple Dwelling Medium High Density District and the several B districts.
(Ord. 27-2017. Passed 6-5-17.)
1143.03 LOT REQUIREMENTS.
(a) Lot size Minimum of 2.0 acres
(Ord. 27-2017. Passed 6-5-17.)
1143.04 MAXIMUM HEIGHT.
No building or structure shall be erected or enlarged to exceed sixty-five feet in height. (See Chapter 1161 for general height exceptions.)
(Ord. 27-2017. Passed 6-5-17.)
1143.05 RESIDENTIAL USES.
No dwelling in a B-5 Zoning District shall have less than 500 square feet of floor area and the total number of dwelling units may not exceed fifty-two per gross acre of land.
(Ord. 27-2017. Passed 6-5-17.)
1143.06 PERFORMANCE STANDARDS.
The following rules shall apply to all uses in this District, except that legal
nonconforming uses may continue at the same performance level at which they operated before
they became nonconforming in relation to this Zoning Ordinance:
(a) Outdoor uses and activities are permitted outside buildings, but all merchandise shall be removed at the close of business each day. No outside storage of merchandise, equipment or fixtures is allowed.
(b) There shall be no noise carrying beyond a lot upon which a business is located, except for normal car and pedestrian activity.
(c) No business shall remain open to the public later than 11:00 p.m. or open before 5:00 a.m., local time.
(d) Pet waste accommodations must be provided.
(Ord. 27-2017. Passed 6-5-17.)
1143.07 PERMITTED USES.
Uses permitted in the B-5 District are restricted to the following:
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Coffee shop.
(c) Commercial offices, including administrative and sales offices.
(d) Copy or Business Center.
(e) Design and development of computer hardware and software, data communications, information technology, data processing, and other computer-related services.
(f) Electronic computing facilities.
(g) Home Occupations.
(h) Microbrewery.
(i) Multiple dwelling.
(j) Offices and activities of an office nature including banks, doctors' and dentists' offices and clinics and other professional and business offices.
(k) Parks, playgrounds and community buildings owned or operated by public agencies.
(l) Personal service businesses including barber shops, beauty parlors, shoe repair shops, laundry and dry cleaning pick-up stations, photography studios and similar businesses meeting the purpose and performance characteristics of this District.
(m) Restaurant.
(n) Restaurant with outdoor customer dining area.
(o) Retail bakeries.
(p) Retail stores meeting the performance standards set forth in Section 1143.06.
(q) Sales rooms.
(r) Sidewalk café.
(s) Single-family dwellings, attached
(t) Single-family dwellings, detached
(u) Single-family dwellings, in a mixed use building.
(w) Utility facilities necessary for local service to the adjacent area.
(x) Wine Bar.
(Ord. 27-2017. Passed 6-5-17.)
1143.08 YARD REQUIREMENTS.
No yards are required in the B-5 District. However, whenever a parcel, or parcels under
common ownership are zoned B-5 and have frontage on the north side of Monroe Street, or along Main Street between Maplewood Ave. and Monroe Street, the yard requirement shall be such that no building may be located more than twelve feet from the right of way line. Further, no off-street parking lot, or individual parking space may be located closer to the right-of-way line than ten feet and the area between parking spaces and the right-of-way shall be landscaped in accordance with requirements defined in Chapter 1160 and Chapter 1187.
(Ord. 27-2017. Passed 6-5-17.)
1143.09 SIGNS.
(Ord. 27-2017. Passed 6-5-17.)
1143.10 FAÇADE LIGHTING.
Illuminated tubing shall not be permitted in B-5 Districts.
(Ord. 27-2017. Passed 6-5-17.)
1143.11 OFF-STREET PARKING AND LOADING.
For Residential Uses in the B-5 District, one off-street parking space per dwelling unit shall be provided at the time any building is erected, relocated or rebuilt. For retail or commercial uses, off-street parking and loading shall be provided as set forth in Chapter 1157 and Chapter 1159. (Ord. 27-2017. Passed 6-5-17.)
1143.12 DESIGN STANDARDS.
All buildings constructed in the B-5 District shall comply with the Design Guidelines contained in Chapter 1187.
(Ord. 27-2017. Passed 6-5-17.)
1145.01 PURPOSE.
The purpose of this Chapter is to provide a restricted district for location of light industrial activities.
1145.02 LOCATION AND PERFORMANCE STANDARDS.
The M-1 Light Industrial District should generally be separated from residential districts, although when necessary, may be located close to residential areas because of the restrictions on uses and performance characteristics of the district.
All activities in the district shall be carried on in a manner not injurious or offensive to the occupants of adjacent premises, and the emission of odors, fumes or gases, dusts, smoke, noise or vibrations shall not be evident beyond the property lines of a lot upon which a use is located, except for normal pedestrian and automobile ingress and egress.
1145.03 YARD REQUIREMENTS.
(a) Front yard* 25 feet
(b) Side yards* 6 feet
(c) Rear yard* No rear yard is required except that a twenty-five foot rear yard is required adjacent to a residential zoning district.
1145.04 MAXIMUM HEIGHT.
There shall be no limitation of height, except that any building or structure shall be set back from a required yard line one foot for each foot of building or structure height above thirty-five feet where such required yard is contiguous to or across the street from a residential zoning district. (See Chapter 1161 for height exceptions.)
1145.05 OFF-STREET PARKING AND LOADING.
1145.06 PERMITTED USES.
Uses permitted in the M-1 District shall be as follows:
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Agriculture
(c) Automobile repair garages, provided that outdoor storage of materials or items being repaired are not within required front yards.
(d) Automobile sales and service businesses including used car lots and repair garages
(e) Billboards.
(f) Bottling works.
(g) Building material sales and contractors' offices
(h) Carpenter or cabinet workshop
(i) Carting, express or hauling establishments.
(j) Commercial dry cleaning plants.
(k) Contractors' establishments and construction equipment dealers, provided that material or equipment is not stored in required front yards.
(l) Copy or Business Center
(m) Distributors' warehouses and wholesale outlets with no outdoor storage, and no processing or fabrication.
(n) Educational facilities, vocational or trade school
(o) Industrial plants manufacturing or assembling the following: boats; small metal products such as bolts, nuts, screws, washers, rivets, nails, etc. ; clothing; drugs and medicines; electrical equipment; glass products from previously manufactured glass; furniture and wood products; and plastic products for production of finished equipment.
(p) Kennels, animal hospitals and veterinary offices provided that outside runs and kennels are not within 400 feet of any residential zoning district.
(q) Lodges and fraternal organizations.
(r) Mobile home and travel trailer sales and service.
(s) Monument works with or without retail outlet on premises.
(t) Offices and activities of an office nature including banks, doctors' and dentists' offices and clinics and other professional and business offices.
(u) Other activities and manufacturing plants having performance characteristics similar to those listed in this section. When the Zoning Administrator has difficulty determining whether or not a proposed use meets the performance characteristics required for this District, he shall have the applicant for the proposed use apply to the Board of Appeals to make the determination.
(v) Parks, playgrounds and community buildings owned or operated by public agencies.
(w) Plant nurseries and greenhouses.
(x) Print shop.
(y) Printing Plant
(z) Radio and television broadcasting stations and towers.
(aa) Repair services and business
(bb) Research, design, engineering, testing, diagnostics and pilot or experimental product development, including but not limited to medical device and alternative energy technologies.
(cc) Sales rooms.
(ee) Utilities, including railroad terminal facilities.
(ff) Utility facilities necessary for local service to the adjacent area.
(gg) Warehouses.
1145.07 SIGNS.
1145.08 FACADE LIGHTING.
Illuminated tubing shall be permitted in M-1 Light Industrial District. Provided, however, that such illuminated tubing shall not be permitted on a facade that faces a bordering residential zoning classification. (Ord. 25-2013. Passed 5-6-13.)
1147.01 PURPOSE.
The purpose of this Chapter is to provide a location for heavy industrial uses.
1147.02 LOCATION AND PERFORMANCE STANDARDS.
Uses permitted in this District are more intensive industrial uses. For this reason these uses are grouped in areas where similar industrial uses are now located, or in areas separate from residential and commercial activities.
1147.03 YARD REQUIREMENTS.
Same as M-1 Light Industrial District, Section 1145.03.
1147.04 MAXIMUM HEIGHT.
Same as M-1 Light Industrial District, Section 1145.04.
1147.05 OFF-STREET PARKING AND LOADING.
1147.06 PERMITTED USES.
Uses permitted in the M-2 District shall be as follows:
Accessory buildings and uses, except that accessory buildings may not be located in a required front or side yard, but may occupy not more than thirty percent of a required rear yard, and may not be closer than three feet to any lot line.
(a) Accessory uses, provided that no accessory buildings shall be located in any required yard.
(b) Agriculture
(c) Asphalt mixing plant.
(d) Automobile repair garages, provided that outdoor storage of materials or items being repaired are not within required front yards.
(e) Billboards
(f) Boiler works.
(g) Bottling works.
(h) Bulk storage of petroleum products.
(i) Carting, express or hauling establishments.
(j) Cement or cinder block manufacture.
(k) Coal and building material storage and wholesaling, provided that materials are not stored in required front yards.
(l) Commercial dry cleaning plants.
(m) Contractors' establishments and construction equipment dealers, provided that material or equipment is not stored in required front yards.
(n) Distributors' warehouses and wholesale outlets with no outdoor storage, and no processing or fabrication.
(o) Fat rendering or lard refining.
(p) Glass manufacture.
(q) Glucose, dextrin or starch manufacture.
(r) Industrial plants manufacturing or assembling the following: boats; small metal products such as bolts, nuts, screws, washers, rivets, nails, etc. ; clothing; drugs and medicines; electrical equipment; glass products from previously manufactured glass; furniture and wood products; and plastic products for production of finished equipment.
(s) Iron, steel, brass or copper foundry.
(t) Kennels, animal hospitals and veterinary offices provided that outside runs and kennels are not within 400 feet of any residential zoning district.
(u) Metal stamping.
(v) Monument works with or without retail outlet on premises.
(w) Other activities and manufacturing plants having performance characteristics similar to those listed in this section. When the Zoning Administrator has difficulty determining whether or not a proposed use meets the performance characteristics required for this District, he shall have the applicant for the proposed use apply to the Board of Appeals to make the determination.
(x) Paint, oil, shellac, varnish or turpentine manufacture.
(y) Paper manufacture.
(z) Parks, playgrounds and community buildings owned or operated by public agencies.
(aa) Plant nurseries and greenhouses.
(bb) Printing Plant
(cc) Radio and television broadcasting stations and towers
(dd) Sauerkraut or pickle, etc., manufacture.
(ff) Stone mill.
(gg) Utilities, including railroad terminal facilities.
(hh) Utility facilities necessary for local service to the adjacent area.
(ii) Warehouses
1147.07 CONDITIONAL USES.
The following uses, and any other uses which may in the opinion of the Zoning Administrator be noxious and offensive to adjacent properties because of the emission of noise, odor, dust, etc., may be permitted if their location and development are first approved by the Board of Appeals according to the procedure outlined in Section 1105.09:
(a) Acid manufacture.
(b) Ammonia, bleaching powder or chlorine manufacture.
(c) Asphalt manufacture or refining.
(d) Automobile wrecking yard or junk yard.
(e) Cement, lime, gypsum, plaster or plaster of paris manufacture.
(f) Creosote treatment or manufacture.
(g) Fertilizer manufacture from organic materials or bone distillation.
(h) Gelatin or glue processing involving recovery from fish or animal products.
(i) Incineration, reduction or dumping of offal, dead animals, garbage or refuse on a commercial basis, and including loading and transfer platforms.
(j) Stockyards.
1147.08 FACADE LIGHTING.
Illuminated tubing shall be permitted in M-2 Heavy Industrial District. Provided, however, that such illuminated tubing shall not be permitted on a facade that faces a bordering residential zoning classification. (Ord. 25-2013. Passed 5-6-13.)
1149.001 GENERAL PROVISIONS.
(a) Findings of Fact. The City of Sylvania has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(b) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
(c) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.
(Ord. 75-2011. Passed 8-15-11.)
(d) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
(1) Flood Insurance Rate Map for Lucas County, Ohio and Incorporated Areas and Flood Insurance Study for Lucas County, Ohio and Incorporated Areas both effective March 15, 2016 and any revisions thereto hereby adopted by reference and declared to be a part of this section.
(2) Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Sylvania as required by Section 1149.36(d) Subdivisions and Large Scale Developments.
Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at 6730 Monroe Street, Sylvania, OH 43560. (Ord. 14-2016. Passed 3-7-16.)
(e) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction covenant or easement but the land subject to such interests shall also be governed by the regulations.
(f) Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
(Ord. 75-2011. Passed 8-15-11.)
1149.01 DEFINITIONS.
Unless specifically defined herein, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(a) "Accessory structure" means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.
(c) “Base flood water surface elevation” (also referred to as “base (100-year) flood elevation” (BFE)) means the water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
(Ord. 75-2011. Passed 8-15-11.)
(d) "Base zoning" means the zoning established pursuant to the Zoning Ordinance and as the same may be lawfully changed or modified from time to time.
(e) "Base zoning district" means any one of the zoning districts established pursuant to the Zoning Ordinance and as shown on the Official Zone Map, and as the same may be lawfully changed or modified from time to time.
(f) "Channel" means a natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water.
(g) "Construct" means erecting, enlarging, altering, repairing, moving, removing, converting, or demolishing any structure within an identified special flood hazard area.
(h) "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(i) "Dry floodproofing" means all external walls or portions thereof, together with all floors, and any openings in such walls or floors, sited at an elevation below the regulatory flood protection elevation, shall be made watertight and impermeable to passage of water, whether flood water or waste water backup, promoted by flood-related causes. Further, such walls and floors shall be designed and constructed with sufficient structural strength to resist the combined hydrostatic, hydrodynamic and buoyant stresses resulting from the base flood without suffering structural damage, either internally or externally.
(j) Elevations. All elevations are expressed in terms of feet above mean sea level.
(k) "Existing construction" means any structure, or substantial improvement thereto, either completed or in the process of active construction upon the date of the initial City of Sylvania Flood Insurance Rate Map (FIRM).
(l) "Federal Emergency Management Agency" (FEMA) means the agency with the overall responsibility for administering the National Flood Insurance Program.
(m) "Flood discharge" means the total quantity of water flowing in a watercourse and adjoining overflow areas during the times of flood. It is measured by the amount of water passing a point along a watercourse within a specified period of time. It is usually measured in terms of cubic feet of water per second (CFS).
(Ord. 55-2011. Passed 7-18-11.)
(n) "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(o) "Flood Hazard Boundary Map" or "FHBM" is usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
(p) “Flood Insurance Rate Map” (FIRM) means an official map on which the Federal Emergency Management Agency (FEMA) or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
(q) “Flood Insurance Study” means the official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
(Ord. 75-2011. Passed 8-15-11.)
(r) "Flood plain" means the area inundated by the base flood (100 year frequency flood). This is the flood plain area which shall be regulated by the standards and criteria of this Chapter and it includes the floodway and floodway fringe.
(s) "Floodproofing" means a combination of structural provisions, changes or adjustment to properties and structures subject to flooding primarily for the reduction or elimination of flood damage to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.
(t) "Flood protection elevation" means that elevation determined by adding two feet to the base flood water surface elevation for the specific location of interest on the watercourse. It is the elevation to which uses regulated by this Chapter must be elevated or dry floodproofed. (Ord. 55-2011. Passed 7-18-11.)
(u) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A "Exhibit B-1" floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(Ord. 75-2011. Passed 8-15-11.)
(v) "Floodway fringe" means that portion of the flood plain outside of the floodway which may be completely obstructed without increasing the base flood water surface elevation by more than one foot at any point on the flood plain.
(w) "Floodway Fringe District" (FF) means that District commencing at the extreme edge of the Floodway District and extending laterally across the flood plain, encompassing that portion of the flood plain that could be completely obstructed without increasing the base flood water surface elevation by more than one foot at any point in the flood plain.
(x) "Floodway District" (FW) includes the channel of a stream, plus any adjacent flood plain areas that must be kept free of encroachment, in order that the 100 year flood (base flood) may be carried without substantially increasing the base flood water surface elevation at any point in the flood plain or contributing to hazardous flow velocities. (Ord. 55-2011. Passed 7-18-11.)
(y) “Lowest floor” means the lowest floor of the lowest enclosed area (including basement) which is an unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
(z) “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(aa) "Manufactured home park" as specified in Ohio Administrative Code 3701-27-01, a "manufactured home park" means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
(bb) “New construction” means structures for which the “start of construction” commenced on or after the initial effective date of the City of Sylvania’s Flood Insurance Rate Map, July 5, 1977, and includes any subsequent improvements to such structures. (Ord. 75-2011. Passed 8-15-11.)
(cc) "Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire fence, rock gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regional flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
(Ord. 55-2011. Passed 7-18-11.)
(dd) "Person" means any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.
(Ord. 75-2011. Passed 8-15-11.)
(ee) "Reach" means longitudinal segments of a stream or river. A reach generally includes the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach. (Ord. 55-2011. Passed 7-18-11.)
(ff) “Special flood hazard area” also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30 and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
(gg) “Start of construction” means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
(hh) "Structure" means a walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(ii) “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include:
(1) Any improvement to a structure which is considered "new construction;"
(2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have "Exhibit B-3" been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure."
(jj) "Variance" is a grant of relief from the standards of these regulations consistent with the variance conditions herein.
(kk) “Appeal” means a request for review of the Floodplain Administrator’s interpretation of any provision of these regulations or a request for a variance.
(Ord. 75-2011. Passed 8-15-11.)
(ll) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (Ord. 55-2011. Passed 7-18-11.)
(mm) “Historic Structure” means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on the State of Ohio=s inventory of historic places maintained by the Ohio Historic Preservation Office; or
(4) Individually listed on the inventory of historic places maintained by the City of Sylvania's historic preservation program, which program has been certified by the Ohio Historic Preservation Office.
(nn) “Recreational Vehicle” means a vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self-propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(oo) “Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(pp) “Violation” means the failure of a structure or other development to be fully compliant with these regulations.
(qq) "Enclosure Below the Lowest Floor." See "Lowest Floor."
(rr) "Executive Order 11988 (Floodplain Management)," issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect the identified special flood hazard areas, unless there is no practicable alternative.
(ss) "Fill" means a deposit of earth material placed by artificial means.
(tt) "Flood Insurance Risk Zones" are Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of the community. Following are the zone definitions:
(1) "Zone A" means special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
(2) "Zones A1-30 and Zone AE" mean special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
(3) "Zone AO" means special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
(4) "Zone AH" means special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
(5) "Zone A99" means special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
(6) "Zone B and Zone X (shaded)" means areas of 500-year flood; areas subject to 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
(7) "Zone C and Zone X (unshaded)" means areas determined to be outside the 500-year floodplain.
(uu) "Flood Protection Elevation (FPE)" means the Flood Protection Elevation, or FPE, is the base flood elevation. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.
(vv) "Freeboard" means a factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
(ww) "Hydrologic and Hydraulic Engineering Analysis" means an analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(xx) "Letter of Map Change (LOMC)" is an official FEMA determination, by letter, to Amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
(1) "Letter of Map Amendment (LOMA)" means a revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
(2) "Letter of Map Revision (LOMR)" means a revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
(3) "Conditional Letter of Map Revision (CLOMR)" means a formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(yy) "National Flood Insurance Program (NFIP)" is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to building and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(zz) "Registered Professional Architect" means a person registered to engage in the practice of architecture under the provisions of Ohio R.C. 4703.01 to 4703.19.
(aaa) “Registered Professional Engineer" means a person registered as a professional engineer under Chapter 4733 of the Revised Code.
(bbb) "Registered Professional Surveyor" means a person registered as a professional surveyor under Chapter 4733 of the Revised Code.
(Ord. 75-2011. Passed 8-15-11.)
1149.02 LANDS TO WHICH THIS CHAPTER APPLIES.
These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Sylvania as identified in Section 1149.001(d) including any additional areas of special flood hazard annexed by Sylvania.
(Ord. 75-2011. Passed 8-15-11.)
1149.03 COMPLIANCE.
(a) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1149.151.
(b) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1149.99.
(c) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1149.99.
(Ord. 75-2011. Passed 8-15-11.)
1149.04 FLOOD INSURANCE STUDY.
The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Lucas County, Ohio and Incorporated Communities". This study, with accompanying Flood Insurance Rate Maps dated October 6,2000, and any revisions thereto is hereby adopted by reference and declared to be a part of this section.
1149.05 BASE FLOOD WATER SURFACE ELEVATIONS.
Pursuant to Sections 1917.3 and 1917.4 of Title 24, Code of Federal Regulations, the base flood water surface elevations for those streams and the tributaries thereof within the City, as published in the Federal Register at 41 FR 56951 on December 30, 1976, are adopted by reference and declared to be a part of this Chapter.
1149.06 FLOOD PROTECTION ELEVATION.
The flood protection elevation shall be set at an elevation which is not less than two feet above the base flood water surface elevation. It is the minimum elevation to which uses regulated by this Chapter are required to be elevated or floodproofed. The purpose of this flood protection elevation is to provide a reasonable margin of safety to allow for possible increases in the base flood water surface elevation, resulting from factors such as ice jams and urbanization.
1149.07 ESTABLISHMENT OF ZONING DISTRICTS.
The special flood hazard areas (flood plains) within the jurisdiction of this Chapter are hereby divided into the three following zoning districts: a Floodway District (FW), a Floodway Fringe District (FF) and a Limited Special Flood Hazard District (LSD). The boundaries of these three districts shall be shown on the current Official Zoning Maps. Within these districts all uses not allowed as permitted uses shall be prohibited.
1149.08 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Sylvania, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
(Ord. 75-2011. Passed 8-15-11.)
1149.09 LOCAL FLOOD PLAIN ADMINISTRATOR.
(a) The Service Director is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(b) The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(c) Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected
(Ord. 75-2011. Passed 8-15-11.)
1149.10 INSPECTIONS.
The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(Ord. 75-2011. Passed 8-15-11.)
1149.11 FLOODWAY DISTRICT (FW).
(a) Composition. The Floodway District shall include all those lands comprising the floodway, as delineated on the Flood Insurance Rate Map. By definition, the floodway includes the channel of a stream, plus any adjacent floodplain areas that must be kept free of encroachment, in order that the 100 year flood may be discharged without substantially increasing the base flood water surface elevation at any point in the floodplain or contributing to hazardous flow velocities.
(b) Use Standards.
(1) Lands comprising the Floodway District shall not be developed nor encumbered in any manner which will cause or contribute to an increase in the base flood water surface elevation at any point within the flood plain. Further, no development shall be permitted which will induce a current flow velocity during the base flood exceeding that set forth in Table 2 of the Flood Insurance Study, City of Sylvania, for the nearest listed reference location.
(2) The bed or floor of the stream channel of a floodway may not be encroached upon or altered in any fashion except by the City as part of improved flood control measures or other improvement consistent with the provisions of this Chapter.
(c) Permitted Uses. To the extent not otherwise prohibited by subdivision rules and regulations, the Building Code or other City regulations, the following uses having a low flood damage potential, and which do not adversely affect the efficiency, restrict the capacity or cause hazardous flow velocities in the channels or floodways of the streams, the tributaries thereof, drainage ditches or any other drainage facility or system permitted by base zoning in any portion of a base zoning district included within the Floodway District shall be permitted in that portion of the Floodway District which includes such base zoning district:
(1) Agricultural uses including, but not limited to the following: general farming, pasturing, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(2) Commercial uses such as parking areas, loading areas, marinas and boat rentals.
(3) Open space use such as arboretums, parks, wildlife and nature preserves, game farms, fish hatcheries and hunting and fishing areas.
(4) Residential uses such as lawns, gardens, parking areas and play areas.
(5) Recreational uses (public or private) such as golf courses, tennis courts, driving ranges, archery ranges, open-air ice skating facilities, picnic grounds, boat launching ramps, swimming areas and hiking and bike trails.
(6) Transient activities such as carnivals and circuses.
(7) Public utilities and services including underground culverts and pipes, streets, roads and railroads not requiring fill, and river crossing of bridges and transmission and telephone lines above the regulatory flood protection elevation.
(d) Fill. No fill of any type or quantity shall be deposited within any part of the Floodway District.
(e) Structures. No new structure of any type, whether temporary or permanent, shall be erected within the Floodway District.
(f) Manufactured Homes. No manufactured home, recreational vehicle, trailer of any type or other form of mobile or portable structures may be located, maintained or stored within the Floodway District.
(g) Storage. Storage of materials, equipment and/or substances of any nature shall be prohibited within this District. Excepted are self-mobile, nonbuoyant machinery such as automobiles, trucks, truck-tractors, tractors, bulldozers and similar equipment.
1149.12 FLOODWAY FRINGE DISTRICT (FF).
(a) Composition. The Floodway Fringe District shall include all those lands comprising the floodway fringe, as delineated on the Flood Insurance Rate Map. By definition, the Floodway Fringe District commences at the extreme edge of the Floodway District and extends laterally across the floodplain, encompassing the portion of the floodplain that could be completely obstructed without increasing the base flood water surface elevation by more than one foot at any point on the floodplain.
(b) Use Standards.
(1) The primary objective of regulations for land comprising the Floodway Fringe District is to protect both the structure and/or use from damage due to exposure to water wetting during periods of flood.
(2) The proposed development, use or activity shall not, if permitted, endanger the welfare or safety of the community during periods of flood.
(c) Permitted Uses. To the extent not otherwise prohibited by subdivision rules and regulations, the Building Code or other City regulations, any use permitted under Section 1149.11
(c) or by base zoning in any portion of a base zoning district included within the Floodway Fringe District shall be permitted in that portion of the Floodway Fringe District which includes such base zoning district.
(d) Fill. The deposit of acceptable fill materials shall be permitted within the Floodway Fringe District.
(1) Acceptable fill materials: soils, sands, stone, brick, concrete and reclaimed rubble from demolition projects consisting exclusively of these same materials.
(2) Unacceptable fill materials (organic): No organic materials such as tires, mattresses, garbage, offal, leaves, wood products, plastics, petroleum residues, etc., shall be deposited within this District.
(3) Unacceptable fill materials (inorganic): No metals, glass, pottery or other inorganic materials other than those permitted in paragraph (1) hereof shall be deposited within this District.
(e) Structures.
(1) Any new structure or substantial improvement erected within the Floodway Fringe District shall be so sited that the lowest floor, including basement floor, is at an elevation not less than the regulatory flood protection elevation.
(2) When fill is used to increase the elevation of a site on which a structure or substantial improvement is to be erected, such site shall be filled and compacted to an elevation not less than one foot below the regulatory flood protection elevation, and shall extend at such elevation for not less than fifteen feet beyond the external limits of any structure or substantial improvement erected thereon.
(3) Each habitable structure shall include at least one exit leading directly on to a walkway, driveway or roadway whose surface elevation is not less than the regulatory flood protection elevation, and such escape route shall lead directly out of the flood plain area.
(4) All new and substantially improved residential and nonresidential nonbasement structures which are elevated to the base flood elevation using pilings, columns, posts or solid foundation perimeter wall with openings sufficient to allow unimpeded movement of flood waters shall be known as "enclosures below lowest floor". Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must:
A. Be certified by a registered professional engineer or architect; or
B. Must meet or exceed the following criteria:
1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
2. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(f) Manufactured Homes. A separate permit application shall be filed for each manufactured home or similar unit, regardless of proposed use, which is to be located in the Floodway Fringe District and is not subject to the manufactured home requirements of Ohio R.C. Chapter 3733. The permit application shall be reviewed by the Floodplain Administrator to assure compliance with the following provisions and criteria:
(1) A manufactured home may be located only on a site which has been filled and compacted to an elevation not less than the regulatory flood protection elevation.
(2) The area of the filled site for each manufactured home shall be not less than 4,000 square feet.
(3) The manufactured home shall not be located nearer than fifteen feet to any boundary of the site.
(4) Each manufactured home site shall have direct access to a walkway, driveway, or roadway whose surface elevation is not less than the regulatory flood protection elevation and such escape route shall lead directly out of the floodplain area.
(5) Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations for those units exceeding fifty feet in length. For units less than fifty feet in length, one additional tie shall be provided per side.
(6) Frame ties shall be provided at each corner of the manufactured home, with five additional ties per side at intermediate points for those units exceeding fifty feet in length. For units less than fifty feet in length, four additional ties shall be provided per side.
(7) All components of the anchoring system shall be capable of carrying a stress force of no less than 4,800 pounds.
(8) Any additions to the manufactured home shall be similarly anchored.
(9) Provisions shall be made for adequate surface drainage.
(10) Access shall be provided for a manufactured home hauler at an elevation not less than the regulatory flood protection elevation.
(11) Such standards shall also apply to all recreational vehicles that are either:
A. Located on sites for 180 days or more, or
B. Are not fully licensed and ready for highway use.
(g) Storage.
(1) There shall be no storage or processing of materials and/or substances that are, in the time of flooding, buoyant or which are flammable, explosive or which could be injurious to humans, animals, plant life or aquatic life at an elevation less than the regulatory flood protection elevation.
(2) Storage of nonbuoyant materials and/or equipment which are not subject to major damage by floods is permitted at elevations less than the regulatory flood protection elevation.
1149.13 LIMITED SPECIAL FLOOD HAZARD DISTRICT (LSD).
(a) Composition. The Limited Special Flood Hazard District shall include all those lands identified as unnumbered A Zones on the Flood Insurance Rate Map except those areas identified as floodway and floodway fringe and delineated as such on the Flood Insurance Rate Map.
(b) Use Standards.
(1) The provisions of this section shall apply to any designated flood hazard area not specifically included within either a Floodway District or a Floodway Fringe District and which has been assigned an unnumbered A Zone flood risk on the Flood Insurance Rate Map.
A. A-1 through A-30;
B. A; or
C. AO.
(2) That floodway necessary to convey the base flood run-off for any small watercourse or drainage ditch in this District may be officially designated as LSD-floodway by the Flood Plain Administrator.
(c) Special Criteria for Flood Plain Development Permit.
(1) The Administrator shall determine the flooding threat at the specific site of the proposed use.
(2) The Administrator shall determine the impact upon the base flood water surface level, and the effects therefrom, on both existing and probable future developments along the full extent of the ditch or watercourse.
(3) The Administrator may require that the applicant submit detailed calculations made by a qualified professional engineer, registered in the State of Ohio, to assist in the determinations required by paragraphs (1) and (2) hereof.
(4) The Administrator shall evaluate the effects of the proposed use upon the public health, safety and general welfare in light of the purposes of this Chapter and the standards established herein.
(d) Standards for LSD Floodway.
(1) The Administrator shall set the base flood water surface elevation for each reach or interval of 1,000 feet along the ditch or watercourse. Where base flood water surface elevations have already been determined and published by an official agency of the State or the United States government, the Administrator shall set the base flood water surface elevations as so determined and published.
(2) Unless already determined and published by an official agency of the State or the United States government, the Administrator shall set the base flood water surface elevations at such elevations as to offer minimum flooding risk to both existing or reasonably anticipated development.
(3) The Administrator shall compute the floodway cross-section required to convey the base flood without exceeding the designated base flood water surface elevation for each reach or interval.
(4) The computed floodway shall be transferred to an appropriate large scale map having a contour interval not exceeding two feet. Specific boundaries shall be set on either side of the ditch or watercourse based upon the profile of the existing channel and flood plains. That land lying between the two boundaries shall constitute an LSD floodway and shall be so designated on the Official Zoning Map.
(5) All provisions set forth in Section 1149.11, Floodway District, shall apply to any lands designated as LSD floodway.
(e) Other Lands Within the Limited Special Flood Hazard District.
(1) Any lands lying within the Limited Special Flood Hazard District but not included in an LSD floodway as herein defined, shall be treated in the same manner as lands lying within a Floodway Fringe District, and the provisions of Section 1149.12
shall apply. The Administrator shall set a base flood water surface elevation where necessary.
(2) On any land designated as AO on the Flood Insurance Rate Map (FIRM), all new construction or substantial improvements to either residential or nonresidential structures shall have the lowest floor, including basement floor, elevated above the crown of the nearest street to, or above, the depth number specified on the FIRM. Attendant utility and sanitary facilities shall be installed at or above the same minimum elevation, or completely floodproofed as required under other sections of this Chapter.
1149.14 FLOOD PLAIN DEVELOPMENT PERMIT REQUIRED; FEES.
It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1149.001(d); until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met. The basic fee for a flood plain development permit shall be one hundred fifty dollars ($150.00) an additional charge shall be charged to the applicant should the nature of the application require more than two hours of municipal employee time, including, but not limited to, the Administrator, engineering, inspection and clerical. The additional time shall be charged at the rate of twenty-five dollars ($25.00) per hour for each additional hour, or fraction thereof. Should the Administrator require information beyond the capabilities available to the City, the services of qualified private consultants and/or technical firms may be enlisted by agreement and upon authorization signed by the applicant. Such consultant and/or technical firm shall report directly to the Administrator. However, the full cost of all such services shall be borne solely by the applicant.
(Ord. 75-2011. Passed 8-15-11; Ord. 26-2024. Passed 4-1-24.)
1149.15 APPLICATION FOR PERMIT.
An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(a) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(b) Elevation of the existing, natural ground where structures are proposed.
(c) Elevation of the lowest floor, including basement, of all proposed structures.
(d) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(e) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
(1) Floodproofing certification for non-residential floodproofed structure as required in Section 1149.36
(f).
(2) Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1149.36
(e)(5) are designed to automatically equalize hydrostatic flood forces.
(3) Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1149.36
(j).
(4) A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1149.36(j)(2).
(5) A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1149.36(j)(1).
(6) Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1149.36(d).
(Ord. 75-2011. Passed 8-15-11.)
1149.151 EXEMPTION FROM FILING A DEVELOPMENT PERMIT.
An application for a floodplain development permit shall not be required for:
(a) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
(b) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
(c) Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
(d) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
(e) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 – Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(Ord. 75-2011. Passed 8-15-11.)
1149.152 POST-CONSTRUCTION CERTIFICATIONS REQUIRED.
The following as-built certifications are required after a floodplain development permit has
been issued:
(a) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(b) For all development activities subject to the standards of Section 1149.221(a), a Letter of Map Revision.
(Ord. 75-2011. Passed 8-15-11.)
1149.16 REVIEW OF APPLICATIONS.
(a) After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1149.15 has been received by the Floodplain Administrator.
(b) The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(c) Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(Ord. 75-2011. Passed 8-15-11.)
1149.17 NEW CONSTRUCTION.
Permit applications for new construction or substantial improvements to existing structures located within an identified Floodway District, Floodway Fringe District or Limited Special Flood Hazard District shall assure that the proposed construction conforms to all pertinent sections of this Chapter and:
(a) Is protected against flood damage.
(b) Is designed and anchored to prevent flotation, collapse, fragmentation of portions thereof or lateral movement of the structure.
(c) Is constructed only of those materials of construction and utility equipment that are resistant to flood damage.
(d) Includes only those uses, construction methods and practices that will minimize flood damage.
1149.18 SUBDIVISION AND OTHER NEW DEVELOPMENT PROPOSALS.
Applications for subdivision and other new development proposals shall be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage.
(b) All public utilities and facilities such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.
(c) Adequate drainage is provided so as to reduce exposure to flood hazards.
1149.19 NO OFFICIAL BASE FLOOD ELEVATION.
In any development involving the lesser of either five or more acres or fifty or more building lots:
(a) Where no official base flood level has been determined;
(b) Which are a part of an unnumbered A zone on the Flood Insurance Rate Map; And
(c) Where no other official existing study is available;
the developer, in such case, shall have the base flood water surface elevation calculated by a qualified professional engineer, registered by the State of Ohio, and such base flood water surface elevation shall be shown on the Site Plan and drawing.
1149.20 WATER LINES AND SERVICE SYSTEMS.
(a) Any new water system and the replacement, repair or changes to an existing water system shall have sufficient structural strength and be so assembled as to prevent any infiltration or siphoning of foreign waters into the system at external hydraulic pressures, equivalent to a vertical column of water extending from the lowest elevation point of the system to the regulatory flood protection elevation.
(b) Any installation, repair or change to any portion of the water system must be approved by the Lucas County Inspection Department.
1149.21 SANITARY SEWAGE FACILITIES.
(a) No person shall place or install a septic tank or similar device in any part of an identified Floodway District, Floodway Fringe District or Limited Special Flood Hazard District.
(b) An existing septic tank system may not be repaired, improved, replaced or extended in any manner, provided that access to a sanitary sewer is reasonably available.
(c) Any sewer line, serving a structure of any type, shall be emplaced at an elevation which is not more than one foot below the regulatory flood protection elevation.
(d) Any toilet shall be sited with the base thereof at an elevation which is not less than the regulatory flood protection elevation.
(e) Any operating toilet shall be equipped with an antisiphoning fill system.
1149.22 ISSUANCE OF PERMIT.
If the Flood Plain Administrator is satisfied that the work development and construction described in all parts of the application conform to the requirements of the provisions of this Chapter, the Administrator shall mark the application approved and issue a flood plain development permit to the applicant, provided the basic fee and all additional charges as set forth in Section 1149.14 have been paid in full.
1149.221 MAP MAINTENANCE ACTIVITIES.
To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the City of Sylvania's flood maps, studies and other data identified in Section 1149.001(d) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(a) Requirement to Submit New Technical Data.
(1) For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
A. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
B. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
C. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
D. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1149.36
(d).
(2) It is the responsibility of the applicant to have technical data, required in accordance with Section 1149.221
(a), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(3) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
A. Proposed floodway encroachments that increase the base flood elevation; and
B. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
(4) Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1149.221
(a)(1).
(b) Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the City of Sylvania, and may be submitted at any time.
(c) Annexation / Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Sylvania have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Sylvania's Flood Insurance Rate Map accurately represent the City of Sylvania boundaries, include within such notification a copy of a map of the City of Sylvania suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Sylvania has assumed or relinquished floodplain management regulatory authority.
(Ord. 75-2011. Passed 8-15-11.)
1149.222 DATA USE AND FLOOD MAP INTERPRETATION.
The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(a) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(b) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(c) When Preliminary Flood Insurance Rate Maps and / or Flood Insurance Study have been provided by FEMA:
(1) Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
(2) Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and /or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and / or appeal to FEMA.
(d) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1149.31
, Appeals and Variances.
(e) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail. (Ord. 75-2011. Passed 8-15-11.)
1149.23 REVOCATION OF PERMIT.
A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board (Variance Board for Counties) in accordance with Section 1149.31 of these regulations.
(Ord. 75-2011. Passed 8-15-11.)
1149.24 POSTING OF PERMIT.
The flood plain development permit shall be posted at the site of construction operations in a conspicuous place open to public inspection until completion of the project.
1149.25 APPEALS.
Appeals of any decision of the Administrator may be taken by the affected person in all respects in the same manner as appeals are taken from decisions of the Zoning Administrator under base zoning.
1149.26 STANDARDS FOR DRY FLOODPROOFING.
(a) The overall objective for dry floodproofing shall be to provide the same relative level of flood protection for the structure, and the safety of its inhabitants, as would be derived by siting the lowest floor, including basement floor, at an elevation not less than the regulatory flood protection elevation.
(b) The collective benefits arising from the proposed flood protection measures must ensure that the following conditions are fully satisfied under base flood situations:
(1) The structure, its supporting foundations and all appurtenances thereto shall have both the structural strength and those flood protection measures necessary to fully resist the combined static and dynamic stresses engendered by the flood, and survive these stresses in an undamaged condition.
(2) Flood waters and waste water backup shall be completely excluded from the interior of the structure.
1149.27 CRITICAL HYDRAULIC FACTORS.
Hydraulic factors of critical importance include, but are not limited to the following:
(a) Flow rate velocities in the floodway.
(b) Flow rate velocities near the structure.
(c) Maximum rate of water rise.
(d) Hydrostatic forces associated with the base flood at the level of the lowest floor, including basement floor.
(e) Hydrodynamic forces associated with the base flood against any portion of the structure, as well as the structure as a whole.
(f) Flotation stresses exerted on the structure, or portions thereof, based on the hydrostatic pressures at the level of the lowest floor, including basement floor.
1149.28 PLANS AND SPECIFICATIONS.
The applicant shall submit in duplicate plans and specifications which fully detail each flood control measure, and a certification by a registered professional engineer that the floodproofing measures meet the criteria set forth in Section 1149.26.
1149.29 FLOODPROOFING MEASURES.
(a) The following floodproofing measures may be required without limitation because of specific enumeration:
(1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors, bulkheads and shutters, or similar methods of construction.
(3) Reinforcement of walls to resist water pressures.
(4) Use of points, membranes or mortars to reduce seepage of water through walls.
(5) Addition of mass or weight to structures to resist flotation.
(6) Installation of pumps to lower water levels in structures.
(7) Pumping facilities or comparable practices for subsurface drainage systems to relieve external foundation wall and basement flood pressures.
(8) Construction to resist rupture or collapse caused by water pressure or floating debris.
(9) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices.
(10) Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to contact with flood water and to provide protection from inundation by the base flood.
(11) Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the regulatory flood protection elevation, or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.
(b) A relief to the elevation or dry floodproofing standards may be granted for accessory structures (e.g., sheds, detached garages) containing no more than 576 square feet and a value of no more than two thousand five hundred dollars ($2,500). Such structures must meet the provisions and the following additional standards:
(1) They shall not be used for human habitation.
(2) They shall be constructed in accordance with this section;
(3) They shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the base flood elevation.
1149.30 EXISTING CONSTRUCTION; NONCONFORMANCE.
A structure, or the use of a structure, or a use which was lawful before the passage of this Chapter but which is not in conformity with the provisions of this Chapter may be continued subject to the following conditions and/or limitations:
(a) No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.
(b) If such use is discontinued for twenty-four or more consecutive months, any future use of the building premise shall conform to this Chapter.
(c) Uses or adjuncts thereof which become nuisances shall not be entitled to continue as nonconforming uses.
(d) Any alteration, addition or repair to any existing structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement, shall be protected by floodproofing measures to fully comply with the criteria and requirements set forth in Sections 1149.26 through 1149.29.
(e) Any existing structure which has suffered damage from any cause to an extent equal to or greater than fifty percent (50%) of its market value based on its most recent real estate assessed tax evaluation, or has sustained flood related damage on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceed twentyfive percent (25%) of the market value of the structure before the damage occurred, shall not be reconstructed except in full compliance with the provisions of this Chapter.
1149.31 APPEALS AND VARIANCES.
(a) Appeals Board Established.
(1) The Sylvania Zoning Board of Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by City of Sylvania code.
(2) Records of the Appeals Board shall be kept and filed at 6730 Monroe Street, Sylvania, OH 43560.
(b) Powers and Duties.
(1) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
(c) Appeals.
(1) Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within ten (10) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
(2) Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(1) Application for a Variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
C. All applications for a variance shall be accompanied by a Variance Application Fee set in the Schedule of Fees adopted by the City of Sylvania.
(2) Notice for Public Hearing. The Appeals Board shall schedule and hold a public hearing within thirty (30) days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one (1) or more newspapers of general circulation in the community at least ten (10) days before the date of the hearing.
(3) Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
A. The danger that materials may be swept onto other lands to the injury of others.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
D. The importance of the services provided by the proposed facility to the community.
E. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
F. The necessity to the facility of a waterfront location, where applicable.
G. The compatibility of the proposed use with existing and anticipated development.
H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
I. The safety of access to the property in times of flood for ordinary and emergency vehicles.
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
Variances shall only be issued upon:
A. A showing of good and sufficient cause.
B. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
D. A determination that the structure or other development is protected by methods to minimize flood damages.
E. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
(4) Other Conditions for Variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1149.31
(d)(3)A. to K. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(e) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(f) Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Lucas Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code. (Ord. 75-2011. Passed 8-15-11.)
(g) The application for an appeal or variance shall be accompanied by the filing fee of two hundred seventy-five dollars ($275.00).
(Ord. 26-2024. Passed 4-1-24.)
1149.32 SEVERABILITY.
Should any section or provision of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
1149.33 CHANGE IN WATERCOURSE.
Notify adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. A watercourse is considered to be altered if any change occurs within its banks.
1149.34 ALTERATION OF COMMUNITY BOUNDARIES.
Upon occurrence, notify FEMA in writing whenever the boundaries of the City have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City's Flood Insurance Rate Map accurately represent the City of Sylvania's boundaries, include within such notification a copy of a map of the City suitable for reproduction, clearly delineating the new corporate limits or the new area for which the City has assumed or relinquished floodplain management regulatory authority.
1149.35 SUBSTANTIAL DAMAGE DETERMINATIONS.
Damages to structures may result from a variety of causes including flood, tornado, wind,
heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
(a) Determine whether damaged structures are located in special flood hazard areas;
(b) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(c) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 75-2011. Passed 8-15-11.)
1149.36 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established herein:
(a) Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Sylvania are allowed provided they meet the provisions of these regulations.
(b) Prohibited Uses.
(1) Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
(2) Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
(c) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(d) Subdivisions and Large Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
(e) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (1149.36(e)(1)) and construction materials resistant to flood damage (1149.36(e)(2)) are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. Where flood protection elevation data are not available the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1149.36
(e).
(8) In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
(f) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1149.36
(e)(1) – (3) and (5) –(7).
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1149.36
(f)(2)A. and B.
(3) In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade. Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(g) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(h) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(i) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(j) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in Floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
2. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
5. Concurrence of the Mayor of Sylvania and the Chief Executive Officer of any other communities impacted by the proposed actions.
(2) Development in Riverine Areas with Base Flood Elevations but No Floodways.
A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
(3) Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Sylvania specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1149.221
(a)(1)C. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 75-2011. Passed 8-15-11.)
1149.99 PENALTY.
Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a minor misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Sylvania. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Sylvania from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Sylvania shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 75-2011. Passed 8-15-11.)