Sylvania City Zoning Code
TITLE SEVEN
Subdivision Regulations
1171.01 PURPOSE AND INTENT.
The general purpose of these regulations shall be to guide and regulate the planning, subdividing and development of land in order to promote and protect the public health, safety and general welfare. It is intended that the provisions of these regulations shall be applied to achieve the following objectives:
(a) Orderly development of land to obtain harmonious and stable neighborhoods.
(b) Safe and convenient vehicular and pedestrian circulation.
(c) Designs to allow ample public open spaces for schools, recreational and other public purposes.
(d) Accurate surveying of land, preparation and recording of plats.
(e) The assurance that subdivision improvements are properly installed and completed in compliance with the regulations contained in Chapter 1181.
(f) Coordination of land development in accordance with zoning codes and the Master Plan.
(Ord. 25-70. Passed 5-4-70.)
1171.02 AUTHORITY.
(a) The Planning Commission derives its legal authority in the matter of regulating the subdivision of land from the following:
(1) The Ohio Revised Code including, but not limited to, the statutes contained in Chapters 711 and 713.
(b) The Platting Commissioner derives legal authority in the matter of regulating the subdivision of land from the following:
(1) The Ohio Revised Code including, but not limited to, Chapters 713 and 735.
(3) Sylvania ordinances.
(Ord. 25-70. Passed 5-4-70.)
1171.99 PENALTY.
(a) Whoever willfully violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements shown on plats and plans in pursuance to the provisions of Ohio R.C. 711.101, or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the court of common pleas of the county in which the land lies relative to which such violation occurred, by the legal representative of the city or county in the name of such city or county and for the use thereof.
(b) A County Recorder who records a plat contrary to the provisions of these regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) to be recovered with costs in a civil action by the prosecuting attorney in the name and for the use of the county.
(c) Whoever, being the owner or agent of the owner of any land within or without a municipal corporation, willfully transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this paragraph.
If such land is within a municipal corporation, such sum may be recovered in a civil action brought in any court of competent jurisdiction by the Director of Law or other corresponding official of the municipal corporation in the name of the municipal corporation and for the use of the Street Repair Fund thereof.
If the land is situated outside a municipal corporation, such sum may be recovered in a civil action, brought by the prosecuting attorney, other corresponding official or planning commission of the county in which the land is situated, in the name of the county and for the use of the Road Repair Fund thereof.
The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or open grounds are expressly indicated as for the exclusive use of the abutting or other owners in such subdivision and not as public streets, ways or grounds shall not serve to exempt the seller from the requirements of Ohio R.C. Chapter 711, or from the forfeiture herein provided.
(d) Any person who disposes of, offers for sale or leases for a time exceeding five years any lot or any part of lot in a subdivision with intent to violate Ohio R. C. 711.001 to 711.14 inclusive, shall forfeit and pay the sum of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action in the name of the county treasurer for the use of the county.
(Ord. 25-70. Passed 5-4-70.)
1173.01 DEFINITIONS.
The following terms and words, which shall apply to and govern the rules and regulations set forth herein, are defined as follows:
(1) "Boundary line" means a line delineated that establishes the limits of an area.
(2) "Buffer lot" means a lot on a plat across the end of a street proposed to be extended by future platting, or a lot along the length of a street where only part of the width has been dedicated which is retained by the owner but conditionally dedicated on the plat for street purposes when the street is extended or widened.
(3) "Building" means a combination of materials to form a structure adapted to permanent or continuous occupancy for public, institutional, residence, business or storage purposes. The term "building" shall be construed as if followed by the words "or part thereof".
(4) "Building line" and/or "setback line" means a line established on a parcel for the purpose of prohibiting construction of a building between such line and an easement, right of way or other public area in the interest of protecting the general welfare.
(5) "Crosswalkway" means a right of way dedicated to public use ten feet in width through a block along lot lines to facilitate pedestrian access to adjacent streets and properties.
(6) "Commercial development" means a planned, commercial center providing building areas, parking areas, service areas, screen planting and adjacent roadway improvements.
(7) "Cul-de-sac" or "court" means a short street having one end open to traffic and being terminated by a vehicle turnaround.
(8) "Drawing" means a preliminary drawing prepared by a registered surveyor or civil engineer containing all the information required under Section 1175.03
(l).
(9) "Easement" means a grant by the property owner of the use of a strip of land by the public, a corporation or persons for specific purposes.
(10) "Engineer" means a registered engineer authorized to practice civil engineering as defined by Ohio R.C. Chapter 4733.
(11) "Flood plain" means that portion of land adjacent to a river, creek or ditch which is covered with water when the river, creek or ditch overflows its banks at flood stage, or is estimated to become subject to flooding.
(12) "High water level" means the estimated high water level as determined by the appropriate public agency from calculations based on a twenty-five year rainfall frequency.
(13) "Improvement" means any one or more of the following: street pavements with or without curb or gutter; sidewalks crossways; water mains; sanitary and/or storm sewers; monuments; street trees or other items specified in Chapter 1181 of these regulations.
(14) "Industrial development" means a planned industrial area specifically for industrial use, providing screen planting and adjacent roadway improvements.
(15) "Lot" means a designated parcel of land in a plat intended as a unit for transfer of ownership or to be occupied by a building and its accessory buildings together with such open spaces as are required by law, and having its principal frontage upon a public street.
(16) "Major thoroughfare" means a limited access expressway, dual highway, major arterial street or collector street on the comprehensive plan, which serves or is intended to serve as the principal trafficway between areas or districts. For terms which identify these streets and their required right-of-way widths, see Section 1179.03
(b).
(17) "Master Plan" means the comprehensive plan made and adopted by the Planning Commission in compliance with Ohio R.C. 711.09, indicating the general locations recommended for the streets, parks, public buildings, zoning districts and all other public improvements.
(18) "Minor street" means a street other than those defined as major thoroughfares.
(19) "Monuments" means:
A. A cylindrical concrete marker six inches in diameter and thirty inches in length with a one-quarter inch iron rod cast at the central axis of the cylinder. Such marker shall be placed in a vertical position with its top being level with the surface of the surrounding ground; or
B. A cylindrical concrete marker as described under subsection (a) hereof except that a machine type iron bolt (without nut) of one inch diameter by twelve inches in length shall be placed in a vertical position with the head of the bolt upward and level with the surface of the pavement. A point shall be marked on the head of the bolt to indicate the exact point referred to on the final plat.
(20) "Parcel" means a unit of land as shown on the tax duplicate.
(21) "Place" means an officially approved private thoroughfare other than a street permanently reserved as the principal means of access to abutting property.
(22) "Planning Commission" means the Municipal Planning Commission of the City of Sylvania.
(23) "Platting Commission" means the Municipal Planning Commission of the City of Sylvania having duties and powers as provided for in the authorities referred to in Section 1171.02
(b).
(24) "Plat" means a map of a tract or parcel of land, the details of which are provided in Chapter 1177.
(25) "Street" means a right of way dedicated to public use, which provides vehicular and pedestrian access to abutting properties.
(26) "Structure" means anything constructed or erected, the use of which requires a more or less permanent location on the soil, or attached to something having a permanent location on the soil.
(27) "Subdivision" means:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership. However, the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted;
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures, or
C. The division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(28) "Subdivider" means the owner of land being person, firm, corporation or legal entity, effecting the subdivision of land.
(29) "Surveyor" means a registered surveyor authorized to practice surveying, as defined by Ohio R.C. Chapter 4733.
(30) "Tracing" means a translucent drawing on linen, mylar, cronaflex or equal, from which a print can be taken directly.
(Ord. 25-70. Passed 5-4-70.)
1175.01 CONFERENCE.
It is suggested that before any extensive work is done on any subdivision the owner or his representative discuss his plans with the Planning Commission, which will give assistance concerning requirements and further procedures, the purpose being to determine whether the proposed subdivision will fit into the neighborhood development of the area and conform, in effect, to the Master Plan. The steps in this chapter may be taken to secure approval of a plat. (Ord. 25-70. Passed 5-4-70.)
1175.02 SKETCH DRAWING.
A sketch drawing may be submitted in duplicate to the Planning Commission through the Service Director for its review and recommendations. The drawing shall contain enough information so that an accurate analysis can be made. The Commission, with the assistance of the Service Director, shall advise and aid the developer or owner in obtaining the best possible layout for all concerned. After a proper solution has been worked out, the developer or owner may proceed with his preliminary drawing.
(Ord. 25-70. Passed 5-4-70.)
1175.03 PRELIMINARY DRAWING.
A preliminary drawing hereinafter referred to in this chapter as "drawing" containing all the information as required by these regulations, may be submitted to the Planning Commission for processing. The drawing shall be prepared by a registered surveyor or civil engineer.
(a) The drawing shall be analyzed by the Planning Commission for conformance with these regulations. If the drawing does not conform with these regulations, the developer and surveyor or engineer shall be notified so that the drawing may be revised.
(b) If the drawing is acceptable, it shall be sent to the appropriate public agencies for their review and recommendations.
(c) When the recommendations of the public agencies are received they are reviewed, and if the drawing is not acceptable to any public agency, the developer and surveyor or engineer are notified so that the drawing may be revised. If the drawing is acceptable and/or subject to certain modifications, the drawing is presented to the Planning Commission for consideration.
(d) If the subdivision lot areas or uses do not conform with the existing zoning classification, a petition to rezone such area shall be submitted by the property owner and acted upon by the Planning Commission prior to consideration of a drawing.
(e) The Planning Commission may introduce such changes or revisions to the drawing as are deemed necessary to the interests and needs of the community provided such changes are not in violation of the rules and regulations contained herein. Any changes agreed to by the subdivider or his representative shall be marked in red on the approved drawing. The surveyor or engineer shall then furnish the Planning Commission with seven copies of the revised drawing containing such agreements.
(f) Approval of the drawing is valid for one year and allows the developer to proceed with the preparation of the improvements plans required by the various public agencies. It also allows the developer to proceed with construction of the improvements as soon as the required plans are reviewed and approved by the appropriate public agencies.
(g) The Planning Commission shall disapprove the drawing if it does not contain the necessary information, is not in accordance with the provisions of these regulations or if the proposed improvements are not approved by the appropriate public agencies.
(h) The subdivider and surveyor or engineer shall be notified in writing of the Planning Commission action, and the notification of its action shall also be given to the appropriate public agencies.
(i) After approval of the drawing by the Planning Commission, a plat may be filed as provided for in Chapter 1177.
(j) Fifteen copies of the drawing shall be submitted at least twenty days before a meeting of the Planning Commission.
(k) The Planning Commission shall approve or disapprove the drawing within sixty days, or within such further time as the applying party would agree to.
(l) The drawing shall not be accepted for processing unless the following data are contained therein:
(1) Identification noted as follows:
A. The title "Preliminary Drawing".
B. Proposed name of the subdivision.
C. Location by township, section, town and range, or by other legal description.
D. Names and addresses of developers and registered surveyor or civil engineer who designed the subdivision.
E. Scale of drawing (1 inch = 100 feet preferred).
F. Date and northpoint.
G. Approximate acreage.
H. Key location.
(2) Delineation shall include, but is not limited to the following:
A. Boundary line of proposed subdivision indicated by dashed heavy line.
B. Location, widths and names of all existing or prior platted streets or other public ways, railroad and utility rights of way and easements, parks and other public open spaces, permanent buildings and structures and section and corporation lines within or adjacent to the tract.
C. Existing sewers, water mains, culverts or other underground facilities and open drainage ditches in and within close proximity to the tract indicating size, depth, direction of flow and location.
D. Boundary lines of all tracts of unsubdivided and subdivided land abutting to the proposed plat showing owners of tracts greater than one acre.
E. Indication of ground forms, preferably contours at two foot intervals as measured in the field.
F. Existing zoning or proposed subdivision and abutting tracts in zoned areas.
G. Layout of proposed streets, their proposed names and widths and also the widths of proposed alleys, crosswalkways and easements. Proposed street names shall be checked with the Real Estate Transfer Department of the Lucas County Auditor's office to avoid duplications.
H. Layout numbers and dimensions of lots or parcels with appropriate designations.
I. Suggested location of proposed water lines, sanitary sewer lines, storm sewer lines and sidewalks shall be delineated on the drawings.
J. Sanitary treatment plant, wells and septic tank locations are to be shown.
K. Where septic tanks are proposed, results of soil percolation tests are to be submitted. Location of soil percolation tests are to be indicated and keyed to the results submitted.
L. Diagram of proposed drainage development, including streets and lots, with indication of their outlet into existing facilities and proposed elevations of drains at critical points.
M. In critical areas high water levels are to be indicated and areas subject to flooding shown.
N. Screen planting plan, if any.
O. Proposed building setback lines showing dimension.
(Ord. 25-70. Passed 5-4-70.)
1175.04 PLAN REVIEW AND INSPECTION FEES.
(EDITOR'S NOTE: See Section 129.07 of the Administrative Code for fees pertaining to general supervision, plan review, testing and inspection.)
1177.01 APPROVAL PROCEDURE.
(a) A plat shall be considered submitted for approval by filing the same in the office of the Planning Commission and written acknowledgment of such filing shall be furnished.
(b) The plat must substantially conform to an approved preliminary drawing previously submitted, or must provide adequate data to permit proper review of any proposal which has not been approved in a preliminary drawing.
(c) Prior to approval of a plat, the Planning Commission shall obtain certification from the proper City and/or County departments that the required improvements have been made or assured in conformance with these regulations.
(d) The Service Director, provided the plat is in accordance with the rules and regulations, shall endorse his written approval on such plat, or forthwith advise the Planning Commission of the rules not complied with by the plat.
(e) The Planning Commission, provided the plat is in accordance with the rules and regulations contained herein, shall endorse its written approval on such plat, or forthwith advise the developer of the rules not complied with by the plat.
(f) The Planning Commission, by endorsement on the plat, shall approve or disapprove the plat within thirty days after official filing of the plat; otherwise it is deemed approved.
(Ord. 25-70. Passed 5-4-70. )
1177.02 RECORDING OF APPROVED PLAT.
(a) Upon approval by the Planning Commission and necessary County agencies, the plat may be recorded with the County Recorder within six months. If not recorded within this time, the approval of the Planning Commission shall be null and void.
(b) Before any building permits can be issued for lots in the plat, the plat must be recorded in the office of the County Recorder.
(c) The tracing of the plat after recording shall be filed and retained in the office of the Director of Public Service.
(d) The plat shall be a reproducible tracing 20 inches by 30 inches in size.
(e) All information on the plat including signatures shall be in black opaque ink or other medium that is readily reproduced by printing and photo static processes.
(Ord. 25-70. Passed 5-4-70.)
1177.03 CONTENTS.
(a) Identification.
(1) Name of subdivision.
(2) Location by township, section, town and range, and other legal description as necessary.
(3) Names of owners, and signature and seal of registered surveyor.
(4) Scale shown graphically.
(5) Date.
(6) North point.
(b) Delineation.
(1) Boundary of plat, based on an accurate traverse with bearings, angular and lineal dimensions in conformance with the legal description, shall be superimposed with a heavy dashed line to indicate the limits of the plat.
(2) True angles and distances to at least three of the nearest established street lines or official monuments which shall be accurately described on the plat.
(3) Subdivision boundary lines shall be tied to section lines, or other U. S. Government survey lines by distances and angles.
(4) Accurate location of all monuments. One such monument shall be placed at each change in direction on the boundary of the plat and one such monument shall be placed on the centerline of right of way of each street intersection and at the beginning and end of all street curves.
(5) Exact location, width and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalkways. The name of a street shall not duplicate that of any existing street. Proposed street names shall be checked with the proper City and County officials.
(6) Exact location and width of all easements for rights of way provided for public services, utilities or other purposes.
(7) All lot or parcel numbers and lines with accurate dimensions in feet and hundredths of a foot.
(8) Accurate designation of any areas to be dedicated or reserved for public use with the purpose indicated thereon.
(9) Radii, internal angles, points of curvature, tangent bearings and lengths of all arcs.
(10) Building setback lines accurately shown with dimensions.
(11) Estimated elevation for high water level as determined by the appropriate agency designated in Section 1181.10
.
(12) Any other conditional requirements of the Planning Commission.
(c) Certification and Signatures.
(1) Surveyor’s certification.
I hereby certify that during , 20 , I surveyed the property hereon described subdividing same into lots numbered consecutively from to both inclusive, and lettered and . Distances are given in feet and decimal parts thereof. Concrete monuments have been set at each change in direction of the boundary of the plat and marked thus . Additional monuments marked thus are to be set after the street improvements have been made.
Registered Surveyor No. .
(2) Owner; certification.
I, (we), the undersigned, owners of the property hereon described, do hereby adopt the subdivision as shown on this plat, establish setback lines as shown, dedicate to public use the streets and rights of way as shown except buffer lots which are dedicated on condition that the abutting right of way dedication is extended or widened beyond such buffer lots. I, (we), do hereby establish easements as shown hereon and designated as “Utility Easements” for the purpose of permitting the construction, installation, relocation and maintenance of public or quasi-public utility facilities thereon. Maintenance shall include the right to remove any branches or other growth or obstructions that might interfere with the construction, maintenance or safe operation of utility lines or drainage facilities. I, (we), further certify that I, (we), will improve this subdivision with the following installations (statement of the specific sewer, water, pavement and other improvements to be installed.)
WITNESSES: OWNERS:
(3) Notary.
State of Ohio )ss
County of Lucas )
On this day of 20 , before me personally appeared , and acknowledged the signing of this plat to be his (their) free act and deed for the purposes herein mentioned. Witness my hand and seal the day and year above written.
(4) Service Director.
I, the Service Director, of the City of Sylvania, Ohio hereby certify that I have reviewed this plat and find it in accordance with subdivision rules and regulations as approved by the Sylvania City Planning Commission and Sylvania City Council, and hereby approve this plat on this day of , 20 .
Service Director, City of Sylvania
(5) Sylvania Municipal Planning Commission.
We hereby certify that this plat is approved by the Sylvania Municipal Planning Commission in accordance with the subdivision rules and regulations as adopted by such Commission and the Council of the City of Sylvania.
Signed this day of , 20 .
Chairman
(6) Office of the Lucas County Tax Map Department.
Ownership of the property comprising this plat is correctly shown.
Lucas County Tax Map Department
(7) Office of the Lucas County Auditor.
This plat has been submitted for the purposes of appraisement this day of , 20 .
Lucas County Auditor
(8) Office of the Lucas County Recorder.
Received for record this day of , 20 , at M. Recorded in Volume , pages , Book of Plats.
Lucas County Recorder
(9) Sylvania, Ohio , 20 .
I find that the streets shown on this plat have been constructed in accordance with the specifications shown hereon and are in good repair and such streets are hereby accepted for public use pursuant to Ohio Revised Code, Section 711.091.
Service Director, City of Sylvania
Lucas County Engineer*
*NOTE: To be signed by the Service Director, City of Sylvania, when plat is within the Sylvania corporate limits; by the Lucas County Engineer when in the unincorporated territory. Strike out inapplicable official designation. Need not be signed prior to recording of plat unless ready for acceptance for public use.
(10) Sylvania, Ohio, , 20 .
I, the Service Director of the City of Sylvania, Ohio, hereby certify that I have reviewed this plat and find it in accordance with the subdivision rules and regulations as approved by the Sylvania Municipal Planning Commission and Sylvania City Council, and hereby approve this plat on this day of , 20 .
Service Director, City of Sylvania
(Ord. 25-70. Passed 5-4-70.)
1179.01 GENERAL.
All plats and subdivisions within the corporate limits and within three miles of such corporate limits, subject to the provisions of Ohio R.C. 711.09 shall conform to the rules and regulations contained in this chapter.
(a) Development shall conform in effect to the Master Plan as adopted.
(b) The proposed subdivision and its ultimate use shall be in the best interests of the public welfare and the neighborhood development of the area.
(c) The tract to be subdivided should not encroach upon an area or areas designated in the comprehensive plan for future public facilities. Such area or areas shall be incorporated in the drawing and reserved for a period of one year after approval thereof, or for a longer period as may be mutually agreed, to allow the Municipality, or other appropriate agencies, time to acquire such land.
(d) Variations, exceptions and/or modifications of these rules and regulations may be made by the Planning Commission in specific cases where it is deemed that unusual topographical or other exceptional conditions require such modification or adjustment of these subdivision requirements, provided that such plats are self- contained and do not encroach unfavorably on or interfere with the most normal development of abutting properties.
(Ord. 25-70. Passed 5-4-70.)
1179.02 INTENSITY OF LAND USE.
The minimum size of lots shall be as follows:
(a) The minimum of one net acre per lot shall be provided when either or both wells and septic tanks are to be used except as hereinafter provided.
(b) A minimum of 7,200 square feet per lot shall be provided for single-family residences when both public water and sanitary sewage systems are available unless larger lots are required by zoning.
(c) Greater densities for other than single-family dwellings conforming to the zoning requirements shall be permitted in areas where both public water and sanitary sewage systems are provided.
(Ord. 25-70. Passed 5-4-70.)
1179.03 STREETS.
(a) Streets shall be planned for convenient circulation toward the principal directions of travel, bus routes, schools and playgrounds. The pattern shall be continuous, and yet indirect enough to discourage an excess amount of through traffic. On the interior design, T-type intersections shall be predominant, while cross-intersections shall be avoided except at major streets. The street patterns shall include some extensions to the boundaries of the development to provide circulation between adjoining neighborhoods.
(b) Right-of-way widths shall conform to the following minimums:
Classification | Right-of-Way Width (feet) |
Limited access expressway | 200 |
Dual highway | 140 |
Major arterial street | 100 |
Collector street | 80 |
Minor street | 60 |
The aforesaid classifications and widths shall conform to the designation as such contained in the comprehensive plan.
(c) Streets shall intersect each other as nearly at right angles as possible.
(d) New streets shall be a continuation of existing streets or provide a minimum jog of one hundred twenty feet from the existing street alignment.
(e) Cul-de-sac streets shall not be over six hundred feet in length and the terminal shall be a circular area with a minimum diameter of one hundred feet.
(Ord. 25-70. Passed 5-4-70.)
1179.04 BLOCKS.
(a) Blocks shall be designated to accommodate lots of a size required for the district and to provide convenient circulation, service and safety on the boundary streets. The block shall be designed so that rear lot lines shall coincide with drainage courses, railroads and divisions in land uses.
(b) The maximum length of blocks shall generally be one-quarter mile or 1,320 feet. The Planning Commission may require a crosswalkway in blocks that exceed nine hundred feet.
(c) The width of blocks shall be sufficient to accommodate two tiers of lots, except a single tier of lots, which lots shall have a greater depth than the minimum requirement of one hundred twenty feet may be required to separate residential development from major streets, adjoining nonresidential uses, unusual topographic or natural features. An easement for screen planting of at least ten feet which shall not be traversed by vehicles may be required along the lots abutting such a major street or nonresidential land use.
(d) Blocks for multi-family, commercial or industrial subdivisions shall be adequate to accommodate the building sites and provide the yards, service drives, off-street parking and other required facilities.
(Ord. 25-70. Passed 5-4-70.)
1179.05 LOTS.
(a) All lots shall conform to zoning requirements in width at the building line. Any lot having an area of 10,000 square feet or less shall not be deeper than three times its width. Any lot over 10,000 square feet in area shall not be deeper than two and one-half times its width. No lot shall be shallower than one hundred twenty feet.
(b) All residential lots shall have a minimum of sixty feet width at the building line or conform to zoning requirements, whichever is greater.
(c) All lots shall abut on a public street or place.
(d) Corner residential lots shall have extra width sufficient for maintenance of building lines on both streets. The minimum width shall be seventy feet.
(e) Side lines of lots shall be approximately at right angles or radial to the street
line. (Ord. 25-70. Passed 5-4-70.)
(f) Exception to Depth-to-Width Ration to Avoid Irregular Lot Shapes.
(1) Purpose. The purpose of this subsection is to promote orderly, functional, and aesthetically consistent lot development by allowing relief from strict depth-to-width ratio requirements where strict application would otherwise necessitate the creation of irregularly shaped lots, including L-shaped or flag lots.
(2) Applicability. This exception applies to subdivisions, land divisions or proposed lot splits where a lot depth-to-width ratio is otherwise required.
(3) Exception Standard. Where the enforcement of minimum lot depth-to-width ratio requirements would result in the creation of:
A. An irregularly shaped lot, including but not limited to an L-shaped, T-shaped or flag-shaped configuration; or
B. A lot with significant unusable or residual land area due to unusual parcel geometry, topography or existing development patterns;
the depth-to-width ratio requirement may be waived, provided the following conditions are met:
A. The proposed lot contains a contiguous buildable area that meets all required yard setbacks and minimum lot width at the building line;
B. The lot has direct and adequate frontage on a public or approved private street;
C. The lot configuration is not primarily designed to circumvent other dimensional or density standards;
D. The resulting lot configuration is consistent with the general pattern of development in the surrounding area;
E. The waiver is granted by the Planning Commission as part of the subdivision or lot split approval process.
(4) The Zoning Administrator or Planning Commission may require the applicant to provide a lot layout plan, survey or other documentation demonstrating the need for the exception and compliance with the conditions above.
(Ord. 91-2025. Passed 10-20-25.)
1179.06 PUBLIC SPACES.
Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, watercourses and historic sites.
(Ord. 25-70. Passed 5-4-70.)
1179.07 BUILDING LINES.
All lots, including commercial, industrial and residential, shall have a minimum setback or building line of twenty-five feet from the right of way, except where the zoning requires a greater amount. In such case the greater of the two shall be required.
(Ord. 25-70. Passed 5-4-70.)
1179.08 EASEMENTS.
(a) Utility easements five feet in width shall be provided along the rear of each lot and/or five feet in width along side lot lines where necessary. Such easements shall provide continuous easement to streets where necessary.
(b) Open ditch easements equal to the width of the required cross section of such ditch plus twenty feet on one side shall be provided.
(c) Easements for enclosed drainage systems shall be a minimum of twenty feet in width. (Ord. 25-70. Passed 5-4-70.)
1179.09 COMMERCIAL AREAS.
(a) A commercial subdivision may show lots which need not conform to any minimum width or area, but it shall show the location within which buildings may be erected and the area that is to be reserved for off-street parking and service areas.
(b) The location for vehicular movements between the area and adjacent streets shall be indicated, and restrictions shall be recorded upon the plat which shall restrict such vehicular movements to the location shown on the plat.
(c) Easements may be required providing for vehicular movements through parking areas and to and from service areas, as well as easements which can be improved as buffer areas wherever the area adjoins property zoned for residential use. The installation of planting, walls, fences or other improvements that will assure a satisfactory buffer or protective screen within such easement may be required.
(Ord. 25-70. Passed 5-4-70.)
1179.10 POLICY OF COOPERATION.
The Planning Commission shall consult with and consider advice of the Lucas County Planning Commission prior to approval of plats in the unincorporated area.
(Ord. 25-70. Passed 5-4-70.)
1181.01 SUBDIVIDER RESPONSIBLE FOR MINIMUM IMPROVEMENTS.
Within the corporate limits and for the unincorporated territory within three miles of such corporate limits subject to the limitation thereon provided in Ohio R.C. 711.09, all plats and subdivisions of land within such City or territory shall conform to the rules and regulations contained herein as adopted by Council and/or the Planning Commission, and the subdivider shall provide, construct, install and pay for the minimum improvements required by the City and specified herein.
(Ord. 25-70. Passed 5-4-70.)
1181.02 GRADING.
(a) All lots shall be graded so that all storm water will drain therefrom. Such grading shall not cause ponding on properties adjacent to the plat, add areas of storm water runoff nor provide points of extreme concentration on them not existing prior to the proposed development.
(b) The basement or other floor elevation shall be at a minimum elevation of one foot above the estimated high water level of any area affected or likely to be affected by the flooding of public watercourses. Such elevations shall be a matter of public record and recited on the final plat. Compliance with this section shall be a condition of obtaining building and occupancy permits.
(Ord. 25-70. Passed 5-4-70.)
(c) Elevations shall be indicated on the plat at lot corners and elsewhere to assure that storm water drains away from the house and lot to a storm sewer and ditch pertaining to the subdivision. The plat should also contain the following recitation: The minimum ground elevation at the top of foundation shall be no less than ten inches higher than the average of elevations shown at the street right-of-way line. The location and elevation of a permanent bench mark shall be indicated on the plat. The Planning Commission may, upon receipt of a petition from affected property owners, grant a variance of the elevations of the lot corners and/or lower the minimum ground elevation at the top of the foundation so long as the foregoing drainage regulations are not violated in principle. The owners of lots so petitioning shall record such approved changes and file copies of the instrument with the secretary of the Planning Commission and the Director of Public Service of the City.
(Ord. 2-71. Passed 1-4-71.)
1181.03 STREETS.
(a) All streets within a subdivision shall be improved with a hard surface pavement with adequate drainage at a minimum width of twenty-four feet, and there shall be a curb along each side of such surfacing.
(b) Additional pavement lanes and/or traffic signalization may be required for commercial or other special developments to provide acceleration, deceleration or left turn lanes, or handle or control excessive traffic that may be generated by such developments. Complete data with respect to character and volume of expected traffic generated by the development may be required.
(c) A greater width of pavement not to exceed forty feet may be required in industrial or special apartment developments.
(d) Minimum pavement gutter elevations shall be at or above hydraulic grade line for a ten year frequency storm.
(e) Streets abutting the subdivisions that are not presently paved or curbed nor have a design grade on them will normally not be required to be paved at the time the subdivisions are to be constructed. However, all lots in the plat abutting such streets shall have included in their deeds or portions thereof, a waiver of objection for the assessment for paving, curbing and draining. This waiver of objection is to be recited on the plat, and is to be an instrument of record affecting future title of properties.
(Ord. 25-70. Passed 5-4-70.)
1181.04 WATER.
(a) When an adequate public water line is within 1,000 feet of the subdivision, such line shall be extended so that each lot is accessible to the public water supply.
(b) When a public water supply system is used and lots are less than one acre, sanitary sewers shall be provided and connected to a public system or an approved treatment plant, except as provided in Section 1181.05(d)(1) and (2).
(c) Where an adequate public water line is not available, a well may be the source of water supply for each lot if such well and water quality meet the health standards of the appropriate Board of Health and the lots are one acre or more in size.
(Ord. 25-70. Passed 5-4-70. )
1181.05 SANITARY WASTE DISPOSAL.
(a) Public System. When the proposed subdivision is located within five hundred feet of an adequate sanitary sewer line, a connection to the line shall be provided for each lot
by the developer.
(b) Independent System.
(1) When lots are less than one acre and a sanitary sewer is not available, except as provided in subsection (d)(2) hereof, an adequate sanitary treatment plant and the necessary sanitary sewer lines accessible to each lot shall be provided by the developer. The system, where practicable, is to be designed so it can be integrated into the master plan of sanitary sewers when the public sewers are installed.
(2) Where a number of subdivisions are proposed to be on adjacent tracts and/or sufficient buildable property is in close proximity to each other, the legislative authority may cause to have constructed a sanitary treatment plant and the necessary lines, except laterals, to serve the plats, and assess the costs to the benefitted owners.
(c) Sanitary Manhole. The minimum elevation at the top of any sanitary manhole casting shall be not less than one foot higher than the estimated twenty-five year high water level.
(d) Septic Tanks.
(1) Septic tanks may be used for lots of one acre or more in area if soil percolation tests, as prescribed by the appropriate Board of Health, have indicated a reasonably useful life for such disposal methods. Other methods of disposal may be approved by the appropriate Board of Health.
(2) Subject to approval of the appropriate Board of Health, septic tanks may be used on lots with less than one acre when the plat is in an area that can expect trunk sewers to be extended to it within a two year period as determined by the Director of Public Service, but sanitary lateral sewers serving each lot, properly installed and blocked off shall be provided. (Ord. 25-70. Passed 5-4-70.)
1181.06 STORM SEWERS.
(a) Storm sewers shall be designed to flow just full for the five year intensity-duration- frequency storm using the Rational Method. The minimum pavement gutter elevations shall be at or above the hydraulic grade line for a ten year frequency storm.
For the ten year hydraulic gradient checks, minimum starting point elevation, when a proposed storm drainage system outlets into a nearby stream or ditch, shall be based on the twenty-five year high water elevation. If information is unavailable, the high water elevation shall be determined by following sound engineering principles subject to approval by the Director of Public Service.
(b) All structures within a new street right of way shall be designed to adequately handle the storm drainage of the proposed improvement as determined by the Director of Public Service.
(c) All site development involving one acre or more of property, shall be required to include on-site storm water detention/retention per the City’s current Storm Water Management Plan (“SWMP”). The minimum detention volume for the site shall be equivalent to the storage volume produced from a twenty-five year frequency (post-developed) storm inflow with an allowable discharge of a five year frequency (pre-developed) storm outflow. The storm water detention calculations for the site shall be submitted with the site grading plans and shall be subject to approval by the Director of Public Service.
(d) All storm water collection systems shall be designed to include, but not limited to, storm water treatment for the removal of sediment. The type of storm water treatment shall be in accordance to the applicable best management practice(s) (BMPs) as listed in the City’s current SWMP. All construction and maintenance of storm water collection system shall be in accordance to the Ohio Environmental Protection Agency’s Permit No. OHC000002, or more current permit update. All construction details, involving storm water treatment and maintenance, shall be shown on the Erosion Control Plan for the site, which shall be submitted with the site grading plans subject to review and approval from the Director of Public Service. All developers or property owners shall maintain any post-construction structural BMPs according to the maintenance requirements of said BMP. All post-construction structural BMPs will be inventoried and subject to inspection by the Department of Public Service. Failure to properly maintain the BMP will result in penalties according to subsection (f) hereof.
(e) Notification of Violation; Time Limit. Any person found to be violating any provisions of subsection (d) hereof shall be served by the City with a written notice, stating the nature of the violation, sent by first class mail to the person apparently guilty of the violation. This notice shall be deemed sufficient, in the event of violation, if sent to the address of that person as shown on the Lucas County tax records or water account records. The notice shall, in all cases, set forth a time limit during which all noted violations shall cease and be abated, and appropriate corrective action taken, and if the violator shall not thus comply, the provisions of subsection (f) hereof shall then apply.
(f) Violation Beyond Time Limit; Penalty. Any person who continues any violation beyond the time limit provided for in subsection (d) hereof is guilty of a misdemeanor of the second degree and shall be punished as provided in Section 501.99
of the General Offenses Code.
(g) (1) Drainage ditches shall be enclosed to accommodate the estimated ten year storm when the enclosure is equivalent in capacity to forty-eight inches in diameter or less. Such enclosures shall be constructed, installed and paid for by the developer. All other drainage ditches in or abutting the development shall be realigned, widened and/or deepened to accommodate the estimated storm water run-off. All structures shall be enclosed within new street right of way. Such enclosures shall be adequate to handle the storm drainage and shall be constructed, installed and paid for by the developer. Where flood plains are being reduced or eliminated by the site grading of the proposed development, approval shall be obtained from the applicable agency as to the watercourse’s adequacy to handle the additional water due to the altered land use condition.
(2) Storm hydraulic grade lines shall be based on estimated run-off conditions in watershed ten years from the time the improvement is made. (Ord. 6- 2008. Passed 2-20-08.)
1181.07 SIDEWALKS.
Sidewalks not less than four feet wide shall be provided on both sides of the new streets within the subdivision and on the abutting side of any existing street contiguous to the subdivision. Installation may be deferred for a period of three years by posting bond, as provided in Section 1181.09, to permit the building of dwellings prior to the installation of sidewalks provided that no such deferment shall be continued in effect or granted as to a particular block in a subdivision after seventy percent or more of the lots in such blocks have dwellings constructed thereon. Sidewalks shall be installed or provisions made to defer installation before occupancy permits are issued. (Ord. 25-70. Passed 5-4-70.)
1181.08 MONUMENTS.
A monument shall be placed at each change in direction on the boundary of the plat, and one such monument shall be placed on the centerline of right of way of each street intersection, and at the beginning and end of all street curves. A monument as defined in Section 1173.01(19)(a) shall be placed in all unpaved areas. A monument as defined in Section 1173.01(19)(b) shall be placed in all paved areas.
(Ord. 25-70. Passed 5-4-70.)
1181.09 BOND IN LIEU OF IMPROVEMENTS.
In lieu of the installation of the above improvements prior to the approval and recording of the plat, the subdivider may file a surety bond or escrow agreement. In the event the surety bond or escrow agreement is furnished, the requirements set forth in Section 1181.10 shall be complied with as a condition precedent to the release of the bond or escrow agreement so furnished. (Ord. 25-70. Passed 5-4-70.)
1181.10 DESIGN AND CONSTRUCTION STANDARDS.
The required improvements outlined herein are to be designed, constructed and installed in conformance with the standards and specifications of the following designated appropriate agency or agencies:
REQUIRED IMPROVEMENTS | APPROPRIATE AGENCY |
Monuments | Sylvania Service Director |
Grading | |
Streets | |
Street drainage | |
Sidewalks | |
Storm drainage, except natural watercourse, any part of which lies outside the corporate limits | |
Street alignment relative to major thoroughfares | |
Water lines | Sylvania Service Director |
Sanitary sewer lines | Ohio Department of Health |
Sanitary treatment plant | |
Septic tanks | |
Wells | |
Natural watercourse, any part of which lies outside the corporate limits | Sylvania Service Director |
Lucas County Engineer | |
(Ord. 25-70. Passed 5-4-70.)
1181.11 ADMINISTRATION.
The rules and regulations of this chapter, adopted by the City shall be administered by the Planning Commission which is also the Platting Commission, and may be modified by such Commission in specific cases where unusual or exceptional factors or conditions require such modifications. The Commission shall receive and consider the advice and recommendations of the Service Director.
(Ord. 25-70. Passed 5-4-70.)
1181.12 TELEPHONE AND ELECTRIC UTILITIES.
(a) Street lighting at approved modern intensities shall be installed in all new subdivisions.
(b) After January 1, 1970, in all new subdivisions, all distribution wires and cables including electrical distribution and telephone and cablevision wires and cables, and those wires and cables used for street lighting, shall be installed underground in accordance with standards and regulations promulgated by the Public Utilities Commission of Ohio and by the public utility supplying such service, which shall be consistent with those promulgated by such Commission.
(c) The regulations contained herein may be partly or wholly waived in case of excessive removal of trees or other aesthetic reasons.
(Ord. 56-69. Passed 12-3-69.)