Tiffin City Zoning Code
TITLE SEVEN
Supplemental Zoning Regulations
1181.01 TABLE OF REQUIREMENTS
Required height and area regulations are established and shown on the table on the next page.
City of Tiffin Zoning Code Height and Area Requirements (1) | ||||||||
Zoning District | Maximum Height of Buildings | Minimum Depth of Front Yard | Minimum Width of: | Minimum Depth of Rear Yard | Minimum Lot Area Per Family (s.f.) | Minimum Lot Width | ||
Stories | Feet | Either Side Yard | Aggregate Side Yards | |||||
R-1 | 2.5 | 35' | 40' | 10' | 20' | 40' | 15,000 | 100' |
R-2 | 2.5 | 35 | 30' | 7' | 15' | 30' | 7,500 | 60' |
R-3 | 2.5 | 35 | 25' | 5' | 12' | 25' | 5,000 | 50' |
R-4 | 3 | 45 | 25' | 10' | 20' | 25' | 4,000 (1-family) 2,500 (2-family) 1,000(multiple) | 50' |
R-1a | 2.5 | 35' | 30' | 10' | 20' | 40' | 10,000 (1-family) 3,000 (2-family) 3,000 (multiple) 2,000/sleeping unit of a assisted care living building | 100' |
R-4-a | 3 | 45 | 25' | 10' | 20' | 25' | 4,000 (1 family) 2,500 (2-family) 1,000 (multiple) | 50' |
C-1 | 2 | 35 | 25' | 5' | 10' | 25' | Same as R-4 | |
C-2 | 3 | 45 | 25' | 5' | 10' | 25' | Same as R-4 | |
C-3 | 6 | 75 | None except 5' on Washington St. | None | None | None | Same as R-4 | |
PUD | ||||||||
M-1 | 6 | 75 | 15' | 10' | 20' | 12' | 15,000 | 75' |
M-1-a | n/a | 45 | 25' | 12' | 24' | 12' | 75' | |
M-2 | 6 | 75 | 15' | 10' | 20' | 12' | 15,000 | 75' |
(1) See Exceptions to Height, Front Yards, Side Yards, Rear Yards, Lot Area and Lot Width in the Following Section.
(Ord. 2443. Passed 4-3-67; Ord. 96-77. Passed 1-6-97; Ord. 2024-49. Passed 8-19-24.)
1181.02 EXISTING LOTS OF RECORD.
(a) Where a lot of record at the effective date of this Zoning Code has less area or width than required in Section 1181.01 and the owner of such lot does not own any other parcel or tract adjacent thereto, such lot may nonetheless be used for the erection or reconstruction of a single-family dwelling or for any non-dwelling use permitted in the district in which it is located, even though its area and width are less than the minimum requirements set forth herein.
(b) Where two (2) adjoining lots of record with less than the required area and width are held by one (1) owner, the Planning Commission may require that the lots be combined and used for one (1) principal building or use. In either case, the prevailing or required setback shall be met.
(c) Where three (3) or more contiguous unimproved lots of record with less than the required area and width are held by one (1) owner, the Planning Commission may require replatting to fewer lots to permit compliance with the minimum yard requirements.
1181.03 MULTIPLE USES ON A LOT.
In the R-4, and R-1a, C, and M Districts, there may be more than one (1) multiple dwelling, commercial or industrial building on a lot provided that all required yards are maintained around the building group.
1181.04 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS
In addition to all yard regulations specified in this Ordinance, the provisions of Section 1181.04, inclusive, shall be used for interpretation and clarification.
(a) Setback Requirements for Corner Buildings
On a corner lot, the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(b) Visibility at Intersections
Except in the C-3 Zoning District, on a corner lot at the intersection of two (2) public streets within any district, nothing shall be installed, erected, placed, planted or allowed to grow in such manner as to impede vision materially between a height of two and a half feet (2 ½') and ten feet (10') above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street lines fifty feet (50') from the point of intersection.
(c) Yard Requirements for Multiple-Family Dwellings
Group or multiple-family dwellings shall be considered as one (1) building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear, and two (2) side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the appropriate district as though it were on an individual lot.
(d) Exceptions to Front Yard Requirements.
(1) Where forty percent (40%) or more of a block front is improved with buildings, then no part of any new building shall project beyond a line joining the two (2) adjacent corners of the building on either side thereof, or where there is a building on only one (1) side, beyond a line projected from the corresponding adjacent corners of the two (2) nearest buildings on that side except that no building shall be required to provide a front yard greater than fifty feet (50').
(2) In any zoning district, whenever the height of a principal building exceeds thirty-five feet (35'), the front yard setback shall be increased by an additional one foot (1') for each foot of additional building height beyond thirty-five feet (35').
(3) Front yard requirements in C-3 Zoning Districts are modified as hereunder provided:
A. The minimum depth of unoccupied space, further defined as front yard, for all new buildings constructed on lots that have frontage on Washington Street and zoned C-3 shall be five feet (5') from the east property line of lots on the west side of Washington Street and five feet (5') from the west property line of lots on the east side of Washington Street. This shall provide a five foot (5') setback from the property line as to all parts of structures hereafter erected on Washington Street, it being further provided that this minimum setback shall include any and all permanent or temporary details of such buildings, including but not limited to roof overhangs, window sills, attached adornments, or the like. Permitted exceptions to this rule shall be such advertising signs as are allowable under currently valid City ordinance, flag pole receptacles and flag staffs, and any hardware deemed necessary for attachment to such buildings with the permission of the owner as are directly related to public utilities and the component hardware thereof.
B. Within such five foot (5') setback shall be permitted sidewalks and permanent or seasonal receptacles for floral or horticultural ornamentation, however, such receptacles shall not exceed three feet (3') in height.
C. No setback shall be required within the rest of the C-3 Central Business District.
(e) Exceptions to Side Yard Requirements.
(1) For side yards along the street side of corner lots, refer to Section 1181.04(a).
(2) Where dwelling units are erected above a commercial establishment, no side yard shall be required except where required for a commercial building adjoining any residential district.
(3) When a lot of record is less than fifty feet (50') in width, the required side yard may be reduced to ten percent (10%) of the width of the lot. However, no side yard shall be less than three feet (3').
(4) For purposes of side yard regulations, a two-family or multiple-family dwelling shall be considered as one (1) building occupying one (1) lot.
(5) In any zoning district, whenever the height of a principal building exceeds thirty-five feet (35'), the side yard setback shall be increased by an additional one foot (1') for each foot of additional building height beyond thirty-five feet (35').
(6) When the side yard of any dwelling is non-conforming, the dwelling can be enlarged along that side yard, as long as the existing side yard is not reduced any more than its present state.
(7) Interior lots of zero lot line developments shall be excluded from side yard requirements.
(f) Exceptions to Rear Yard Requirements.
(1) In any zoning district, the required rear yard may be reduced to twenty percent (20%) of the depth of the lot on any lot not exceeding one hundred twenty feet (120') in depth.
(2) In any zoning district, whenever the height of a principal building exceeds thirty-five feet, the rear yard setback shall be increased by an additional one foot (1') for each foot of additional building height beyond thirty-five feet (35').
(g) Side and Rear Yard Requirements for Non-Residential Uses Abutting Residential Districts.
Non-residential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Zoning Inspector is provided. Such screening shall be a masonry or solid fence between four (4') and six (6') feet in height, maintained in good condition, and free of all advertising or other signs. Landscaping shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting. Either type of screening shall not obstruct traffic visibility within fifty feet (50') of an intersection.
(h) Exceptions to Height Regulations.
(1) The height limitations contained in Section 1181.01 do not apply to spires, belfries, cupolas, antennas, water towers, ornamental towers ventilators, chimneys, cooling towers, elevator bulkheads, fire towers, steeples, penthouses, stacks, stage storage towers or scenery lofts, tanks, television or radio towers, wireless telecommunication towers or other necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
(2) No structure shall be constructed in excess of the height that can be safely protected by all available fire fighting equipment except where in-structure fire protection is provided.
(3) The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which they are located.
(4) In any district, public, semi-public, or public service buildings, hospitals, institutions, or schools, where permitted, may be erected to a height not exceeding sixty feet (60') and churches and temples may be erected to a height not exceeding seventy-five feet (75').
(5) Whenever a building in an M District adjoins or abuts an R District, or is located within one hundred feet (100') therefrom, such building shall not exceed three stories or forty-five (45')feet.
(i) Projections Into Yards.
(1) Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in rear yards.
(Ord. 2305. Passed 12-21-65.)
(2) Open structures such as covered or uncovered porches or paved terraces, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached, and shall not project into the required minimum front or rear yard by more than ten feet (10'), or into a required side yard by more than three feet (3').
(Ord. 20-137. Passed 2-16-21.)
(j) Other Yard or Lot Exceptions.
(1) Gasoline service station pumps and pump islands, which are more than fifty feet (50') from the boundary of an R District may be located within a required yard provided they are more than fifteen feet (15') from any street line.
(2) Within any R District, off-street parking shall not be permitted in a required front yard. (Ord. 2305. Passed 12-21-65.)
(k) Any agricultural use involving animals or poultry shall not be located within a front yard setback nor be located closer than twenty-five feet (25') from any side or real property line and eighty feet (80') from any residential dwelling.
(Ord. 20-105. Passed 12-7-20.)
(1) Building Placement.
(1) The main entrance of the dwelling shall be oriented toward a public street.
(2) The front wall of the dwelling shall be parallel to the street or its tangent, if the street is curved.
(3) For corner lots, a dwelling unit may be oriented toward the intersection of two streets. (Ord. 2024-49. Passed 8-19-24.)
1181.05 ACCESSORY BUILDING REQUIREMENTS.
It is the purpose of Section 1181.05, inclusive of this Ordinance, to regulate accessory uses in order to promote the public health, safety and welfare; to permit such uses to be established and maintained in a manner which makes them compatible with principal uses and harmonious with uses upon adjacent properties. This section shall apply to the location and maintenance of accessory uses as herein defined. A Zoning Permit is required.
(a) General Requirements
Except as otherwise provided in this Ordinance, an accessory use or structure shall be permitted in association with a principal use or structure provided that:
(1) It shall not occupy more than thirty percent (30%) of the lot.
(2) It shall not be located closer than five feet (5') from the lot lines unless the accessory use or structure is agricultural involving animals or poultryin which case the use or structure shall not be located closer than twenty-five feet (25') from any side or rear property line and eighty feet (80') from any residential dwelling. However, no such accessory building shall project beyond a required front yard along any street, or project closer to the street right-of-way than the principal structure, unless attached thereto.
(5) It shall not have a maximum height greater than eighteen feet (18') or the height of the principal building, whichever is greater.
(6) In no case shall the total footprint of the accessory use exceed the total footprint of living area on a principal structure.
(7) In no case shall the total footprint of all detached accessory structures exceed the total footprint of the principal structure.
(Ord. 2024-49. Passed 8-19-24.)
(b) Accessory Elderly or Handicapped Dwelling Unit
Notwithstanding the provisions of Section 1181.05(a)(3) of this Ordinance, an owner-occupied, single-family dwelling unit may be converted to allow the incorporation of one (1) additional dwelling unit for the exclusive occupancy of either an elderly or handicapped household, a member of which shall be either an elderly person or handicapped person related to the owner of the single-family dwelling unit. Such accessory dwelling unit shall be wholly contained within the existing principal building or shall be attached to it by a common wall, floor, or ceiling. The application for the Zoning Permit for such conversion shall be accompanied by an affidavit attesting to the owner's present occupancy of the dwelling unit and to the age and relationship of the elderly or handicapped person. This permit expires upon the vacating of the dwelling unit by the family member for whom the conditional use was granted.
(c) Retail Sales and Services as an Accessory Use
Retail sales and services are permitted as accessory uses when clearly incidental to the principal use. With the exception of restaurants in conjunction with a motel, such uses shall be conducted wholly within the principal building and without exterior advertising or display. These activities shall be conducted solely for the convenience of the employees, patients, patrons, students, or visitors and not for the general retail public. In hospitals and clinics these accessory uses may include drug stores, florists, gift and book shops, and cafeteria institutional settings; office buildings, hotels, country club houses, and airports, such activities may include gift and book shops, restaurants, cafeterias and coffee shops, lounges, pro shops, beauty and barber shops.
(d) Accessory Buildings Used for Storage
Accessory buildings used for storage shall have a permanent foundation affixed to the ground and shall not include the use of temporary structures including tents, trailers, mobile homes, auto or truck bodies, beds, boxes, trailers, truck caps and campers, or railroad cars whether affixed to a permanent foundation or not. Accessory buildings used for storage shall otherwise meet all other zoning setback, height, area, and percent of lot coverage requirements for the particular use or district in which located, and shall be maintained in good condition.
1181.06 FENCES AND WALLS.
(a) (EDITOR’S NOTE: Former subsection (a) was repealed by Ordinance 20-137, passed February 16, 2021.)
(b) Maintenance: Fences shall be kept in proper repair and maintained so as not to create conditions which endanger the health, comfort, or safety of the public.
(c) Permits: No fence or wall shall be erected or constructed until a fence permit has been issued by the Zoning Inspector who shall review each request to determine its compliance with this Chapter. Each property owner shall determine property lines and ascertain that the fence or wall does not encroach upon another lot or parcel of land.
(Ord. 2305. Passed 12-21-65.)
(e) Fences, hedges, and walls may be constructed to a maximum height of six feet (6') in any required side or rear yard and to a height of three feet (3') in any required yard abutting a street. Fences, hedges, and walls may be constructed to a maximum height of six feet (6') along any line where an existing non-conforming dwelling may be extended.
(Ord. 20-137. Passed 2-16-21.)
(f) Fences or walls required to surround and enclose public utility installations are not limited in height in any district.
1181.07 SHRUBBERY AND HEDGES.
No shrubbery or hedge shall be planted beyond the property lines. The owner or occupant of realty on which there is shrubbery, hedges, or trees so located as to affect the vision of drivers on the public streets shall keep shrubbery and hedges trimmed to a maximum of three feet (3‘) in height and keep trees trimmed in order to avoid creating traffic hazards.
1181.08 PENALTY.
If any provision of Sections 1181.06 and 1181.07 is violated, the Zoning Inspector may order that the fence, wall, or hedge be removed. If the fence, wall, or hedge is not removed within ten (10) days of the order, the owner shall be fined in accordance with Section 1145.15. Where trimming is not done within ten (10) days after notice by the Zoning Inspector, the employees of the City may enter upon the property and trim the shrubbery, hedges, or trees at the expense of the property owner. Any shrub, hedge, or tree found to be located upon public property may be removed by the City at any time.
1183.01 GENERAL REQUIREMENTS.
Chapter 1183 inclusive, shall apply to all Districts. Except as provided in Section 1183.13, no building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Ordinance.
(a) The provisions of this Chapter, except where there is a change of use, shall not apply to any existing building or structure. Where the new use involves no additions or enlargements, there shall be provided as many of such spaces as may be required by this Ordinance.
(b) Whenever a building or structure constructed after the effective date of this Zoning Code (Ordinance 2305, passed December 21, 1965) is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change.
(c) Whenever a building or structure existing prior to the effective date of this Zoning Code (Ordinance 2305, passed December 21, 1965) is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, number of employees, number of housing units, seating capacity, or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth herein.
1183.02 OFF-STREET LOADING SPACE REQUIREMENTS AND DIMENSIONS.
Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel or any other use similarly involving the receipt or distribution of materials or merchandise by vehicle, shall provide and maintain on the same premises, off-street loading space(s) in accordance with the following requirements:
(a) One (1) off-street loading space shall be provided and maintained on the same premises in the C-1, C-2, M-1, M-1-a, and M-2 Districts for every separate occupancy requiring delivery of goods and having a modified gross floor area of up to ten thousand square feet (10,000 s.f.) or fraction thereof, of floor area in the building.
(b) One (1) off-street loading space shall be provided and maintained on the same premises in the C-3 District for more than 5,000 and up to 15,000 square feet of floor area in a building. One additional off-street loading space shall be provided for each additional 15,000 square feet or fraction thereof of gross floor area so used.
(c) Each loading space shall not be less than ten feet (10') in width, forty feet (40') in length, exclusive of driveways, aisles, and other circulation areas, and a height of clearance of not less than fourteen feet (14').
(d) Such loading space shall not be located in the required front yard of the lot on which it is located. However, the loading space shall have unrestricted ingress and egress to a public right-of-way.
(e) No such space shall be closer than fifty feet (50') from any other lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet (6') in height.
(f) The surface of the loading space and its access drive shall be paved in accordance with Section 1183.09(e).
1183.03 OFF-STREET PARKING SPACES.
(a) Dimensions.
Parking spaces and driveway aisles shall have minimum dimensions as defined below:
Parking Space
Width
Length
Width of
Driveway Aisle
90° parking
9 feet
19 feet
25 feet
60 °parking
10 feet
19 feet
17 ½ feet
45 °parking
12 feet
19 feet
13 feet
Parallel parking
9 feet
23 feet
12 feet
All dimensions for parking spaces shall be exclusive of driveways, aisles, and other circulation areas. Except in the case of dwellings, no parking area provided hereunder shall be less than six hundred square feet (600 s.f.) in area. The number of required off-street parking spaces is established in Section 1183.08 of this Ordinance.
(b) Access.
(1) There shall be adequate provision for ingress and egress. Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion.
(2) Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.
(c) Width of Access Driveway.
The entrances and exits of the parking area shall be clearly marked. Interior vehicular circulation by way of access roads shall maintain the following minimum standards:
(1) For one-way traffic, the minimum width of fourteen feet (14') except for forty-five degree (45°) parking, in which case the minimum width of the access road shall be eighteen feet (18').
(2) Access roads for two-way traffic shall have a minimum width of twenty- four feet (24').
(3) Parking areas having more than one aisle or driveway shall have directional signs or markings in each aisle or driveway.
1183.04 LOCATION OF PARKING SPACES AREAS.
The following regulations shall govern the location of off-street parking spaces and areas:
(a) All parking spaces for commercial, industrial, or institutional uses shall be located not more than seven hundred feet (700') from the principal use.
(b) All parking spaces for apartments, dormitories, or similar residential uses shall be located not more than three hundred feet (300') from the principal use.
1183.05 MIXED OCCUPANCIES AND USES NOT SPECIFIED.
In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements of the various uses computed separately. In case a use is not specifically mentioned in Section 1183.08, the requirements for off-street parking facilities for a similar use shall apply.
1183.06 JOINT USE.
Two (2) or more non-residential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement approved by the Zoning Inspector shall be filed with the application for a Zoning Permit.
1183.07 STRIPING.
All parking areas with a capacity over ten (10) vehicles shall be striped.
1183.08 PARKING SPACE REQUIREMENTS.
In all districts (except the C-3 Central Business District) in connection with every use, there shall be provided at any time when any building, structure, or use is erected, developed, enlarged or increased in capacity, off-street parking spaces shall be required in accordance with the following:
Type of Use | Parking Spaces Required |
Type of Use | Parking Spaces Required |
Dwellings | |
Adult family homes; dwellings for multiple residents aged 60 or above. | Refer to Section 1183.15. |
Adult group homes | One (1) space for every employee on the largest working shift, plus one (1) for every five (5) clients or fraction thereof. |
Bed and breakfast operations | One (1) space for every guest room plus two (2) for permanent residents. |
Rooming or boarding houses, dormitories, fraternity houses with sleeping rooms. | One (1) for every sleeping room or suite, two (2) for each resident family or one (1) for every employee. |
Condominiums, cooperatives, and zero lot-line homes. | Two (2) spaces for every unit. |
Hotels or motels. | One (1) space for every sleeping room, plus one (1) space for every two (2) employees, plus one for every 400 sq. ft. of public meeting area and restaurant space.. |
Nursing or convalescent homes. | One (1) space for every six (6) patient beds, plus one (1) space for every employee on the largest working shift, plus one (1) space for every staff member and visiting doctor. |
Single-family or two-family dwellings. | Two spaces for every dwelling unit |
Single- and multiple-family dwellings for persons aged 60 or above. | One (1) space per dwelling unit. |
Multiple-family dwellings for three or more families | 2.33 spaces per dwelling unit. |
Institutional and Quasi-Institutional |
Institutional and Quasi-Institutional | |
Adult day care facilities. | One (1) space for every staff member, plus one (1) for every facility vehicle, plus one (1) space for every eight (8) adults under care. One (1) off-street passenger loading place with adequate stacking area (as determined by the Board). |
Business or commercial school. | One (1) space for every two (2) students. |
Child day care centers and facilities. | One (1) space for every teacher, administrator, or other employee, and one (1) space for every five (5) students. Paved unobstructed pick-up space with adequate stacking area (as determined by the Board) shall be provided in addition to the standard driveway and parking requirements. |
Churches and other places of religious worship. | One (1) space for every four (4) seats in the principal place of worship. This requirement may be reduced by not more than 50 percent if the place of worship is located within 500 feet of any public parking lot or any commercial parking lot where sufficient spaces are available by permission of the owner(s) without charge during the time of services to make up additional spaces required. |
Funeral homes | One (1) space for every 50 square feet of floor area in the public rooms, plus one (1) space for every vehicle maintained on the premises, plus one (1) space for every employee. |
Governmentally owned community building, museum, library or art gallery. | One (1) space for every 250 square feet of gross floor area, or one (1) space for every four (4) patrons to the maximum capacity, plus one (1) space for every employee on the largest shift. |
Hospitals, sanitarium. | One (1) space for every two (2) beds, plus one (1) space for every doctor, plus one (1) space for every employee on the maximum working shift., plus one (1) space for every hospital vehicle. |
Institutions of higher learning and of a religious, educational, charitable or philanthropic nature. | One (1) space for every five (5) classroom seats, plus one (1) space for every three (3) seats in an auditorium, plus one (1) space for every vehicle owned/operated by the institution, and additional visitor parking equal to 25 percent of the above spaces. |
Public or private schools. | One (1) space for every vehicle owned or operated by the school, plus three (3) spaces for every faculty member, plus one (1) space for every five (5) seats in the auditorium or gymnasium. |
Recreational | |
Country club or golf course | Sixty (60) spaces for every nine (9) holes, plus one (1) space for every employee on the largest shift, plus five percent (5%) of spaces otherwise required for any accessory uses (e.g. bars, restaurants). |
Indoor commercial and noncommercial recreational facilities. | Three (3) spaces for every court (if applicable), 50 spaces for every playing field (if applicable), plus one (1) space for every three (3) seats of spectator seating, plus two (2) spaces for every three (3) employees on the maximum shift. |
Non-commercial equestrian stables and riding facilities. | One (1) space for every two (2) stalls. |
Outdoor commercial recreational facilities. | Two (2) spaces for every acre. |
Offices | |
Business and professional offices of financial, insurance, real estate, civic, educational, religious, and philanthropic establishments or organizations. | One (1) space for every 300 s.f. of gross floor area, 40 percent may be compact car spaces. |
Commercial | |
Adult entertainment facility | One (1) space for every 200 square feet of net leasable area. |
Billiard parlors, pool halls, bowling alleys, and similar establishments | One (1) space for every three (3) seats or one (1) for every 100 square feet of gross floor area. |
Building materials, sales yard, and lumber yards. | One (1) space for every 500 square feet of floor area, plus one (1) space for every company vehicle. |
Car washing facilities. | Four (4) spaces for every bay/stall, plus one (1) space for every employee for a self-service establishment, or one (1) space for every employee, plus sufficient area for ten (10) stacking spaces for every bay/stall for an automated establishment. |
Commercial art, photographic, music, and dancing studios. | One (1) space for every 400 square feet of leasable area. |
Commercial printing businesses. | One space per two (2) employees; for customer parking, one space for every 500 square feet of floor area open to the public; but in all cases a minimum of two (2) customer parking spaces. |
Convenience store. | Five (5) spaces for every 1,000 square feet of gross floor area. |
Dance halls. | One (1) space for every 100 square feet of floor area, plus one (1) space for every employee. |
Any retail establishments, shops, stores, and service industries not specifically identified in any other section of the code. | One (1) space for very 300 square feet of gross floor area. |
Drive-in or drive-through restaurants. | One (1) space for every 3 seats, one (1) space for every employee on the largest shift, plus sufficient area for eight (8) stacking spaces for the first drive-in window and six (6) stacking spaces for each additional window. |
Drive-in theaters. | One (1) space for every 400 square feet of site area. |
Mini-storage facilities. | One (1) space for every 100 individual storage spaces. Two (2) spaces for the manager and one (1) parking space for every additional employee. A minimum of three (3) parking spaces shall be provided. |
Plant nursery or greenhouse. | Two (2) spaces for every three (3) employees on the maximum shift, one (1) space for every vehicle customarily used in operation of the use or stored on the premises, plus five (5) spaces for every 1,000 square feet of gross floor area of salesroom. |
Private clubs, fraternities, sororities or lodges. | One (1) space for every three (3) residents or per four (4) fixed seats in the largest assembly room or area, |
Radio or television broadcasting station or studio. | One (1) space for every two employees. |
Restaurants without drive-in or drive-through facilities. | One (1) space for every three (3) seats, plus two (2) spaces for every three (3) employees on the maximum shift. |
Service station and automobile repair garages with convenience stores. | One (1) space for every employee on the maximum shift, 1.5 spaces for each fuel nozzle, one (1) space for every service bay (service bay is not a parking space), and five (5) spaces for every 1,000 square feet of gross floor area of convenience store. |
Service station and automobile repair garages without convenience stores. | One (1) space for every employee on the maximum shift, 1.5 spaces for each fuel nozzle, and one (1) space for every service bay (service bay is not a parking space). |
Swimming pools (community or club) | One (1) space for every 200 square feet of pool surface area (not including wading pools or whirlpool baths), plus one (1) space for every 200 square feet of building area in accessory structures in excess of 1,000 square feet. |
Taverns, nightclubs, and cafes. | One (1) space for every four (4) seats. |
Theater. | One (1) space for every three (3) seats, plus one (1) for every two (2) employees. |
Veterinary clinic and animal hospital. | One (1) space for every 500 square feet. |
Industrial | |
All types of assembly, manufacturing or industrial establishments, including research or testing laboratories, warehouse, or similar establishments. | One (1) space for every two (2) employees on the largest shift for which the building is designed, plus space to accommodate all trucks and other vehicles used in connection therewith. |
Offices and equipment yards for general contractors and builders. | One (1) space for every 300 square feet of gross floor area. |
Cartage, express, parcel delivery, and freight terminals. | One (1) space for every two (2) employees on the largest shift for which the building is designed, and one (1) space for each motor vehicle maintained on the premises. |
Wholesale establishments and warehouses. | One (1) space for every two (2) employees on the largest shift for which the building is designed. |
(Ord. 20-137. Passed 2-16-21.)
1183.09 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every lot hereafter developed as a parking area and also a motor vehicle or trailer sales lot, shall be developed and maintained in accordance with the following requirements:
(a) Screening and/or Landscaping.
(1) henever a parking area is located in or adjacent to a residential district or lot used for residential purposes, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence, or planting screen. Such fence, wall, or planting screen shall not be less than four feet (4') nor more than six feet (6') in height and shall be maintained in good condition.
In the event that terrain or other natural features are such that the erection of such fence, wall, or planting screen will not serve the intended purpose, then no such fence, wall, or planting screen and landscaping shall be required.
(2) The space between such fence, wall, or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. (Ord. 2305. Passed 12-21-65.)
(b) Landscape Strip Required.
Any open parking area (including parking spaces and interior access lanes, but excluding loading, unloading, and storage areas) that contain more than 100 vehicular parking spaces shall provide a landscape strip in the R-1-a, R-4, C-1, C-2, C-3, M-1, M-1-a, and M-2 Districts, and in any other districts where property is developed for the purpose other than single- and multi-family dwellings. A landscape strip is measured from the right-of-way, as illustrated in the following diagram. (Ord. 20-137. Passed 2-16-21.)
(1) This landscape strip shall be provided along the full width of the lot and shall be mounded in accordance with Section 1183.09(b)(1)A., and unoccupied, except for landscape treatments such as trees, plantings, earth mounds, terraces, shrubs, permitted signs, and driveways (generally perpendicular to the right-of-way line).
A. Earth Mounding: The strip shall be mounded to block or screen the view of any adjacent off-street parking areas and shall be constructed with plant material to prevent erosion. Slopes on earth mounds shall be no greater than three to one (3:1) with a generally flat crest. Earth mounds shall also vary in height and alignment with random plant material placement.
(2) Within this landscape strip, there shall be at least one (1) three-inch (3") caliper deciduous tree or small flowering trees with creative placement every fifty feet (50') of road frontage, along with random shrub plantings.
(3) Earth mounds and decorative landscape treatment shall not block adequate safe distances at driveway locations and intersections (Refer to Section 1181.04(b)).
(4) The width of the landscape strip shall be no less than thirty feet (30'). Corner lots shall have landscape strips of required width on both frontages.
(c) Interior Parking Area Landscaping.
(1) Any open parking area (including parking spaces and interior access lanes, but excluding loading, unloading, and storage areas) that contain more than 100 vehicular parking spaces shall provide interior landscaping in addition to any other required perimeter landscaping.
(2) The amount of this interior parking landscaping shall not be less than five square feet (5 s.f.) of landscaped area for each one hundred square feet (100 s.f.) or fraction thereof, of off-street parking area.
(3) Landscaped areas shall be dispersed throughout the parking area in peninsulas and islands, provided that each island or peninsula is not less than sixty-four square feet (64 s.f.) In size.
(4) Landscaped islands or peninsulas shall be vegetated with grass or similar plant material not to exceed two feet (2') in height. For each three thousand square feet (3,000 s.f.) of open parking area, there shall be no less than one, three-inch (3") caliper deciduous tree placed in landscaped islands or peninsulas. Trees shall have a clear trunk of at least five feet (5') above the ground.
(d) Minimum Setbacks for Parking Areas.
In no case shall any part of a parking area be closer than four feet (4') to any established street or alley right-of-way, or any side or rear lot line.
(e) Surfacing.
The required number of parking and loading spaces as set forth in Sections 1183.02 and 1183.08, and together with driveways, aisles, and other circulation areas, shall be surfaced with a concrete or bituminous concrete or of compacted gravel or crushed stone properly sealed and surface treated as approved by the City Engineer so as to provide a durable and dust-free surface.
(f) Drainage.
All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. These areas shall be so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles.
(g) Lighting.
Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. A cut-off type luminaire shall be used to illuminate a parking lot and shall be so arranged as to reflect the light away from the adjoining property in the district. When located adjacent to business uses, the light source shall not be visible at a height greater than five feet (5') above ground level. When located adjacent to residential uses, the light source shall not be visible at ground level or above.
(h) Maintenance.
The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris.
1183.10 GENERAL INTERPRETATIONS.
In the interpretation of this Chapter, the following rules shall govern:
(a) Floor area means the gross floor area of the specified use.
(b) Parking spaces for other permitted or conditional uses not listed in this Chapter shall be determined by the Zoning Board of Appeals upon an appeal from a decision by the Zoning Inspector.
(c) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
(d) Fractional numbers shall be increased to the next whole number.
(e) Where there is an adequate public transit system or where, for any other reason, parking demand is unusually low, then the parking space provisions cited above may be reduced proportionately by the Board, upon an appeal from a decision of the Zoning Inspector.
(f) Places of public assembly; benches. In places of public assembly in which patrons or spectators occupy benches, pews, or other such seating facilities, each twenty inches (20") of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities.
1183.11 MODIFICATIONS.
The Zoning Board of Appeals may authorize an appeal, modification, reduction, or waiver of the foregoing requirements if it should find, that in the particular case appealed, the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition would justify such action.
1183.12 CENTRAL BUSINESS DISTRICT EXEMPT.
(a) Subject to limitations in Section 1183.12(b), such space may occupy all or part of any required yard.
(b) No such space shall be closer than fifty feet (50') from any other lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet (6') in height.
1183.13 OFF-STREET STORAGE AREAS FOR DRIVE-IN OR DRIVE-THROUGH SERVICES.
Establishments which, by their nature, create lines of customers waiting to be served within automobiles shall provide off-street storage areas in accordance with the following requirements:
(a) Photo pickups, restaurants, drive-through beverage docks, and other similar commercial establishments that can normally serve customers in three (3) minutes or less shall provide no less than five (5) storage spaces per window. Drive-in restaurants and other similar uses which require an additional stopping point for ordering, shall provide a minimum of three (3) additional storage spaces for each such stopping point.
(b) Other commercial establishments such as banks, savings and loan offices, or other similar facilities with service or money windows shall provide no less than four (4) storage spaces per window.
(c) Self-serve automobile washing facilities shall provide no fewer than three (3) storage spaces per stall. All other automobile washing facilities shall provide a minimum of six (6) storage spaces per entrance.
(d) Motor vehicle service stations shall provide no fewer than two (2) storage spaces for each accessible side of a gasoline pump island. Gasoline pumps shall not be closer than fifteen feet (15') to any street right-of-way.
1183.14 HANDICAPPED PARKING.
Parking facilities serving buildings and facilities required to be accessible to the physically handicapped shall have conveniently located designated spaces provided in accordance with the
Americans with Disability Act, Fair Housing Amendments Act, Uniform Federal Access Standards and the Minimum Guidelines and Regulations for Access Design.
1183.15 ELDERLY HOUSING PARKING.
(a) Each parking space provided for in an elderly housing facility shall at a minimum measure nine feet (9') in width and twenty feet (20') in length, with aisles measuring twenty-one feet (21') in width.
(b) There shall be provided one (1) such parking space per dwelling unit and per regular shift employee.
(c) Should additional parking spaces be deemed necessary, the Board of Zoning Appeals subsequently may approve a parking plan for an elderly housing facility which provides three (3) such parking spaces for every four (4) dwelling units, and one (1) per regular shift employee if the site plan includes a set-aside of landscaped area which is not part of any open- space requirement, and which is accessible to egress/ingress for parking purposes.
1183.16 PARKING OF COMMERCIAL VEHICLES AND TRAILERS IN RESIDENTIAL DISTRICTS.
1184.01 GENERAL REGULATIONS.
(a) The regulations set forth in this chapter shall only apply to C-2 and C-3 Zoning Districts. Awnings and canopies in other zoning districts shall comply with the zoning regulations for those districts.
(b) Awnings and canopies may be erected only after obtaining a zoning permit.
(c) Awnings and canopies shall conform with these regulations and the requirements of the Zoning Code, except that required front yard setbacks in C-2 Zoning Districts may be waived for the installation of awnings and canopies.
(d) Awnings and canopies shall be properly maintained. Any awning or canopy that is improperly maintained, or becomes structurally unsound shall be removed by the property owner immediately upon notice from the City Administrator.
(Ord. 05-62. Passed 2-6-06.)
1184.02 CONSTRUCTION AND DESIGN.
(a) Canopies and awnings shall be designed and constructed to safely support required loads, and shall conform to the State of Ohio Building Code.
(b) Canopies and awnings shall be supported entirely by the building to which they are attached. In C-2 Districts, where the front setback of the building is 5 feet, or more, canopies and awnings shall be attached to the building and may be additionally supported by columns. The required front yard setback may be waived to allow the installation of the awning or canopy and columns within the required front yard. All of the columns shall be located entirely on the property where the building is located. No columns shall be placed within the public right of way.
(c) Awnings and canopies shall be constructed such that there shall not be less than eight feet clearance between any part of the canopy or awning and the sidewalk, or ground, directly below.
(d) Awnings and canopies may project from a building into the public right of way only to the extent that they shall not project from the building beyond a point within three feet of a line drawn perpendicularly upward from the curbline. No canopies or awnings shall project into a public right of way which is less than thirty feet in width.
(e) Awnings and canopies shall not interfere or conflict with any street tree, light post, traffic sign or traffic signal, or any other municipal structure.
(f) Lettering, or symbols affixed or depicted on any awning or canopy shall conform to the requirements of the code.
(Ord. 05-62. Passed 2-6-06.)
1184.03 NONCONFORMANCE.
No awning or canopy legally erected before the adoption of this code shall be moved, or repaired in excess of fifty percent (50%) of its replacement cost in any calendar year, without complying with the provisions of this code.
(Ord. 05-62. Passed 2-6-06.)
1185.01 GENERAL.
The purpose of supplementary district regulations is to set specific conditions for various uses, classifications of uses, or areas wherein problems may occur in order to alleviate or preclude such problems and to promote the harmonious exercise of property rights without conflict.
1185.02 TEMPORARY BUILDINGS AND USES.
The following regulations are necessary to govern certain uses which are of a non- permanent nature. For such uses requiring a temporary Zoning Permit, an application for a Zoning Permit shall be made to the Zoning Inspector at least seven (7) days before the commencement of such use. This application shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan with sufficient information to determine the yard, setback, parking, and sanitary facility requirements for the proposed temporary use.
(a) The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
(1) Real estate sales offices which are not used for dwelling purposes, shall be permitted within any district for any new subdivision for a period of one (1) year, except that two (2), six- (6) month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the Zoning Permit, whichever occurs first.
(2) Temporary buildings, construction trailers, offices, equipment, and materials, and storage facilities required in conjunction with construction activity may be permitted in any district for a period of one (1) year, except that six- (6) month extensions may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction or upon expiration of the Zoning Permit for the involved construction activity, whichever occurs first.
(3) Temporary sales and services may be permitted within parking areas within any commercial district. A Zoning Permit valid for a period not to exceed seven (7) consecutive days shall only be issued three (3) times within any twelve (12) month period to any individual or organization. The application for the temporary Zoning Permit shall be accompanied by written permission of the property owners and shall be prominently displayed at the site. The Zoning Inspector shall not issue a permit for such temporary use if he or she determines that it encroaches upon more than twenty-five percent (25%) of the required parking area.
(4) Temporary retail sales and services, such as the sales of plants, flowers, arts and crafts, farm produce, or similar items on lots other than parking lots, including any lot on which an existing business is operating or on which a business is vacated, may be permitted for any for-profit individuals or organizations in any commercial district. A Zoning Permit valid for a period not to exceed two (2) consecutive days shall only be issued three (3) separate times for any particular lot within any twelve (12) month period, and not more than one permit may be issued at the same time for any lot. The applicant must submit a current vendor's license or transient vendor's license and a written statement from the property owner giving his or her permission for such use. This section shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use. In any event, the Zoning Permit shall be prominently displayed at the site.
(b) Written application for a temporary permit shall be made to the Zoning Inspector. The application shall include:
(1) The address of the property and the name, address, and telephone number of the owner and occupant of the property.
(2) A description of the business’ temporary use sought to be carried on.
(3) The number and names of persons to be involved in the business.
(4) Any additional information required by the Zoning Inspector to establish the advisability of granting the permit.
1185.03 LONG-TERM PARKING FACILITIES FOR ALL TYPES OF VEHICLES.
In addition to complying with all other provisions of this zoning code, the applicant shall comply with the following conditions, whether or not the long-term parking facility is an accessory use or primary use of a lot:
(a) That no boundary of the proposed parking area is within fifty feet (50') of a residential district boundary.
(b) That the proposed parking area will not prevent access to adjacent properties by fire safety equipment.
(c) That the proposed parking area will be screened in such a manner that the vehicles thereon parked will not be visible from the ground level of any adjacent residential properties.
(d) That fencing and lighting of the facility will be sufficient to provide for its reasonable security.
(e) That no service work, maintenance work, repair work, painting work, or other vehicular work shall take place on the premises.
1185.04 ADULT ENTERTAINMENT BUSINESS.
In addition to complying with all regulations within the district where they are located, all adult entertainment business shall comply with the following criteria:
(a) No adult entertainment business shall be permitted in a location which is within one thousand five hundred feet (1,500') of another adult entertainment business.
(b) No adult entertainment business shall be permitted in a location which is within one thousand feet (1,000) of any church, any public or private school, any park, any playground, or any social services facility or neighborhood center.
(c) No adult entertainment business shall be permitted in a location which is within five hundred feet (500') of any residence or boundary of any residential district.
1185.05 CHILD CARE.
(a) Home operated child care with an average daily attendance of six (6) children or less are allowed in any residential district. No zoning permit is required for this type of child care.
(b) Home operated child care with between seven (7) and twelve (12) children in average daily attendance may also be allowed in a residential district as either a permitted or conditional use. The petitioner shall be required to obtain a zoning permit by proving that he or she has complied with all applicable state laws, and copies of the state permits shall be filed with the Zoning Inspector. The zoning permit will expire on a yearly basis. The zoning permit shall be renewed by the Zoning Inspector with proof that the petitioner has complied with all applicable state laws governing child care centers.
(c) Child care centers with more than twelve (12) children in attendance are subject to the following regulations:
(1) The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
(2) Provisions are made for off-street parking and loading facilities and such fencing, screening, and landscaping as required to prevent undue detriment to the area.
(d) Review of a child care center shall include, but is not limited to:
(1) Proof of all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
(2) Location of the site and the site size and configuration relative to development of the adjoining area and the effect of activities on the site of the adjacent property.
(3) Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
In order to operate a child care center, the petitioner must apply for a child care center permit with an application fee adopted by resolution by the City Council. The application will be reviewed by the Zoning Inspector who has the power to grant or deny the permit. If the Zoning Inspector denies the permit, the petitioner may appeal to the Board of Zoning Appeals for reconsideration of issuance of the permit.
1185.06 HOME OCCUPATIONS.
Home Occupations shall not require a permit and shall comply with all of the following regulations:
(a) Only members of the immediate family residing on the premises shall be engaged in the proposed use.
(b) Sales of commodities on the premises shall not be permitted.
(c) Outside storage related to the home occupation may be permitted if totally screened from adjacent residential lots, provided the application so specifies.
(d) Not more than thirty percent (30%) of the gross floor area of any residence shall be devoted to the proposed home occupation.
(e) The external appearance of the structure in which the use is to be conducted shall not be altered and not more than one (1) sign no larger than two square feet (2 s.f.) shall be mounted flush to the wall of the structure.
(f) Minor or moderate alterations (non-structural) may be permitted to accommodate the proposed use, but there shall be no substantial construction or reconstruction.
(g) No equipment, process, materials, or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances.
(h) No more than two (2) additional parking places which shall not be located in a required front yard may be proposed in conjunction with the home occupation.
(i) The home occupation permission shall expire in the event of change of ownership of the property at the location for which it was issued or any change in location of the original home occupation.
1185.07 JUNK.
(a) The accumulation or storage of junk, junk motor vehicles (as defined under ORC 4513.65), disabled or inoperative machinery or equipment, vehicles or machinery parts, rags, or any other discarded objects or debris defined as junk in this Ordinance shall be prohibited, outside of an approved junk yard, in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects, and rodents.
(b) No person shall permit litter or junk to accumulate on land owned or occupied to the extent that it blows or spills over onto the property of another.
(c) Uncontrolled accumulation of litter is a nuisance and is subject to abatement by the City or owners of surrounding land.
(d) Upon repeated violations of this section, the Zoning Inspector may require the violator to erect a fence or landscaping designed to contain litter.
(e) Junk Yard Fence Required; Penalty.
(1) Any person or corporation operating or maintaining a junk yard as defined in Ohio R.C. 4737.05, or Section 1143 of these Codified Ordinances shall erect and maintain in good order and repair a fence at least six feet (6') in height commencing at the ground level and constructed of non-transparent material so as to obscure the junk in the enclosure from the view of persons outside the enclosure of the junk yard. No advertisement shall be permitted on the fence other than the name of the person owning or operating said junk yard and the nature of the business conducted therein.
(2) Whoever violates the provisions of this section shall be fined not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000) plus the cost of prosecution.
1185.08 OBJECTIONABLE, NOXIOUS, OR DANGEROUS USES, PRACTICES, OR CONDITIONS.
No land or building in any district shall be occupied or used in any manner creating which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious or objectionable, or which may otherwise adversely affect surrounding areas or adjoining premises; except that any use permitted by this Ordinance may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this Section, are properly exercised. Specifically, the occupation or use of land or building in any district shall be in violation of this Ordinance if one (1) or more of the following conditions are found to exist at any time:
(a) The use or storage of flammable or explosive materials if not adequately protected by fire-fighting and fire-protection equipment or by such safety devices as are normally required for such activities.
(b) Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved.
(c) Radioactivity or air pollution is present in violation of the regulations of the Ohio Environmental Protection Agency.
(d) Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency.
(e) Vibration discernible by the Zoning Inspector without instruments is present on adjoining lot or property.
(f) Direct or reflected glare is present which is visible from any street or from any property not within a manufacturing district.
(g) Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property.
(h) Water pollution or contamination is present in violation of the regulation of the Ohio Environmental Protection Agency.
(i) Activity emitting electrical current, radio waves or microwaves which adversely affects the operation of any equipment other than that of the operator.
1185.09 REFUSE COLLECTION AREAS.
When any property is located with a residential zoning district, or when any property adjoining an existing residence or residential district, refuse collection areas provided by commercial, industrial, and multi-family residential uses for the collection of trash, garbage, and other refuse, shall be enclosed. Such enclosure must be along three (3) sides by a solid wall or fence , unless within an enclosed building or structure. Such wall or fence shall be constructed to a height that is not less than two feet (2') higher than the height of the trash receptacles. Provisions shall be made for regular and adequate vehicular access to such areas for collection purposes, as determined necessary by the Zoning Inspector. In addition, the following requirements shall be met:
(a) The storage of hazardous or toxic materials or wastes shall not be permitted without documented approval of the Ohio Environmental Protection Agency.
(b) Materials or wastes which might cause fumes or dust or otherwise constitute a fire hazard or which may attract rodents or insects, shall be stored only in closed containers constructed of impervious materials.
(c) Storage areas in residential districts shall utilize such additional screening as required in this Ordinance.
1185.10 SATELLITE DISH ANTENNAS.
All satellite dish antennas are considered accessory structures and must meet an applicable setback requirement. No zoning permit is required.
1185.11 SWIMMING POOLS.
(a) Private Swimming Pools.
No private swimming pool (“pool”), exclusive of portable swimming pools with a diameter less than twelve feet (12') or with an area of less than one hundred square feet (100 s. f.), shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(1) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located. A pool will be considered an accessory use to the main structure.
(2) A pool may not be located closer than ten feet (10') to any property line. That distance shall be measured from the water’s edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
(3) Elevated decks for above-ground pools shall not be located closer than ten feet (10') to the property line.
(4) The swimming pool or the entire property behind the front building on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties, unless sides of the pool are above grade. The fence or wall shall not be less than four feet (4') in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock.
(5) Before construction commences, the petitioner shall obtain a zoning permit, and all permit fees shall be paid.
(6) Pools, including above-ground pools, may not be located in the front yard of the lot without a variance from the Board of Zoning Appeals.
(b) Community or Club Swimming Pools.
Community and club swimming pools are permitted in any district that allows for outdoor recreation or club facilities, and shall comply with the following conditions and requirements:
(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structure thereto, including the areas used by the bathers, shall not be closer than fifty feet (50') to any property line.
(3) The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet (6') in height and maintained in good condition.
(4) Before construction commences, the petitioner shall obtain a Zoning Permit under Chapter 1145, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.
1185.12 WIRELESS TELECOMMUNICATION TOWER.
Telecommunication towers are conditionally permitted in any non-residential zoning district (C-1, C-2, M-1, M-1-a, and M-2 Districts), and shall meet the following standards when located within a residential district:
(a) The applicant shall provide proof that the proposal to construct a tower or attach equipment to an existing structure has been approved by all other agencies and governmental entities with jurisdiction (i.e. Federal Communication Commission, Federal Aviation Administration, Ohio Department of Transportation).
(b) All accessory buildings shall be screened with fencing, masonry, shrubbery, or other screening as approved by the Planning Commission.
(c) The applicant shall notify the Zoning Inspector within thirty (30) days of ceasing operations at the site. The removal of the structures and buildings is required within ninety (90) days of ceasing operations.
(d) No advertising or illumination other than that required by law may be located on the structure.
1185.13 RESIDENTIAL INFILL DEVELOPMENT STANDARDS.
(a) Purpose. The purpose of these standards is to encourage residential investment and infill redevelopment to maintain and expand the property values in Tiffin and also protect the character of the residential neighborhoods by ensuring that new development blends in and is compatible with existing and prominent neighborhood characteristics.
(b) Applicability. These standards apply to the design of new single-family dwellings and two-family dwellings.
(c) Building Placement and Scale. The following is a list of objectives to achieve infill development that is characteristic of the existing structures:
(1) All new homes shall conform in street orientation.
(2) If over seventy-five percent (75%) of the existing dwellings along the same block face contain two or more stories, the new dwelling unit shall also include two or more stories.
(d) Neighborhood Compatibility. All new homes shall be consistent and compatible with the noticeable and recognizable characteristics of the homes and lots on the street segment. Such characteristics include: lot width and size, architectural style and materials, heights and massing, front yard setbacks, roof pitch and shape, garage location, amount of impervious surface, and other defining features of the street segment. If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in the same ownership exist on the street segment, then such lots shall be considered one (1) lot for purposes of this subsection (d).
Secondary areas of focus may be considered when noticeable and recognizable characteristics are not readily present on the street segment. This secondary area of focus includes the entire subdivision, or, if the subject lot is unplatted, an additional street segment in each direction from the subject street segment. Adjacent lots sharing a common property line that are in a different subdivision plat, but in the same zoning district, will be considered in the secondary area of focus for compatibility. Review for compatibility shall be based on all characteristics above specified.
(e) Appeal. If the Zoning Inspector determines that these standards are not met, the applicant may appeal such determination to the Zoning Board of Appeals.
(Ord. 2024-49. Passed 8-19-24.)
1187.01 INTENT.
Within the districts established by this Ordinance or subsequent amendments, there exist lots, structures, and uses which were lawful before the Ordinance was passed or amended but which would be prohibited under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed voluntarily. The legitimate interest of those who lawfully established these non-conformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension, and substitution.
1187.02 AVOIDANCE OF UNDUE HARDSHIP.
To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance, and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.
1187.03 CERTIFICATES FOR NON-CONFORMING USES.
The Zoning Inspector may, upon his or her own initiative, or shall, upon the request of any owner accompanied by the required fee, issue a certificate for any property that certifies that the property is a valid non-conformity. The certificate shall specify the reason why the use is a non-conformity, the extent of the non-conforming use, structure, or non-conforming dimensional requirements. One (1) copy of the certificate shall be returned to the owner and one (1) copy shall be retained by the Zoning Inspector, who shall maintain as public record a file of all such certificates. (Ord. 19-69. Passed 11-4-19.)
1187.04 SUBSTITUTION OF NON-CONFORMING USES.
So long as no structural alterations are made except as required by enforcement of other codes or Ordinances, any non-conforming use may, upon appeal to and approval by the Board of Zoning Appeals be changed to another non-conforming use.
1187.05 NON-CONFORMING USE MADE TO CONFORM.
Whenever a non-conforming use has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use.
1187.06 NON-CONFORMING USES OF LAND.
Where, at the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
(a) The non-conforming use may not be enlarged or increased unless approval by the Board of Zoning Appeals has been granted to the applicant.
(b) Upon Board of Zoning Appeals approval, a non-conforming use may be extended throughout a building which was designed and arranged for such use if no structural alterations are made, except those required by law.
(c) All non-conforming uses of land not involving any building or structure may be continued for a period of two (2) years after the date of enactment of the Zoning Ordinance and at the end of which period such non-conforming use shall cease or shall be changed to a conforming use.
(d) If a non-conforming use of land or any portion thereof is discontinued or abandoned for a continuous period of one (1) year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.
1187.07 NON-CONFORMING BUILDINGS AND STRUCTURES.
Where a lawful structure exists at the effective date of adoption of amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, build, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this Zoning Code.
(b) If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification.
(c) Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(d) If a structure is non-conforming due to a yard requirement, the structure may be enlarged or increased provided it does not increase its non-conformity. For example, if a structure is non-conforming due to a front yard setback, the structure may be enlarged only to the extent that the previously established front yard setback is not further reduced.
(e) Should a non-conforming structure be destroyed by any means to more than seventy-five percent (75%) of its fair market value (exclusive of foundation), the structure may be rebuilt on the same location, with construction beginning within six (6) months of its destruction. When damaged by less than seventy-five percent (75%) of its fair market value, a non-conforming building may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction are completed within one (1) year from the date of such damage.
(f) Should such structure be removed for any reason for any distance whatever, it shall thereafter conform to the regulations for that district in which it is located after it is moved.
(g) Whenever the use of a building becomes nonconforming through a change in the zoning regulations or in the district boundaries such use may be continued and if no structural alterations are made, may be changed to another non-conforming use which has no greater negative impact on the surrounding area than the use it replaces regardless of whether or not the uses are in the same zoning category.
(Ord. 2305. Passed 12-21-65.)
(h) Whenever a non-conforming use of a building or portion thereof is discontinued for a continuous period of two (2) years, such nonconforming use shall be abandoned, and any future use of such building or portion thereof shall be in conformity with the regulations of the district in which such building is located.
(Ord. 20-137. Passed 2-16-21.)
1187.08 REPAIRS AND MAINTENANCE.
Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof. Where appropriate, a building permit for such activities shall be required.
1189.01 MAINTENANCE OF DESIGN INTEGRITY.
The Tiffin Streetscape Area, as originally constructed, shall remain the same insofar as practicable. Any repairs, reconstruction, excavation or replacement of sidewalks, curbs, pavement, bollards, trees, cobblestones, planters, plantings, street lights, or other details, shall be done as prescribed by the City Administrator. Plantings shall be prescribed by the City Administrator based on the recommendation of the Shade Tree and Beautification Commission.
(Ord. 05-43. Passed 10-3-05.)
1189.02 STREETSCAPE AREA.
The Streetscape Area shall be defined as follows:
Washington Street from a point approximately 437 feet south of Madison Street to its intersection with Riverside Drive; Market Street from its intersection with Jefferson Street to its intersection with Monroe Street; Madison Street from a point approximately 75 feet west of the centerline of Washington Street to a point approximately 83 feet east of the centerline of Washington Street; Court Street from a point approximately 52 feet east of the centerline of Washington Street to its intersection with Washington Street; Perry Street from a point approximately 79 feet west of the centerline of Washington Street to a point approximately 78 feet east of the centerline of Washington Street. Any additions to the Streetscape Area created by ordinance shall, upon adoption, be included without further Council action.
1189.03 REPLACEMENT OF ORIGINAL DESIGN.
(a) All persons performing construction and/or repair work in the Streetscape Area involving sidewalks, curbs, pavement, bollards, trees, cobblestones, planters, plantings, street lights, or any other related incidental items, shall be required to perform such construction or repair in accordance with the plans and specifications for the Streetscape Project. Such plans and specifications shall be kept on file at the office of the City Engineer, and the City Engineer shall be responsible for their interpretation. Such plans and specifications may be altered by the City Engineer for good cause.
(b) Such construction work shall be permitted only upon application for, and granting by the City Engineer, a permit to perform such work.
(Ord. 05-43. Passed 10-3-05.)
1189.04 REPLACEMENT OF PLANTINGS.
If any repair work or accident causes the removal or destruction of any tree, shrub or other planting, then the party responsible for destroying the vegetation shall cause the replacement of the tree or shrub with a planting approved by the City Administrator upon recommendation of the Shade Tree and Beautification Commission. Such replacement shall be made at the earliest planting season and the planting shall be guaranteed by the responsible party for one year against death or disease. Should the responsible party fail to replace the destroyed vegetation, the City Administrator shall cause it to be replaced and the responsible party shall be subject to the penalty provided in Section 1189.99, in addition to the expense of replacement.
(Ord. 05-43. Passed 10-3-05.)
1189.05 PETITION TO DEVIATE FROM PLANS AND SPECIFICATIONS.
If any person who proposes to perform construction work involving those items as specified can show good reason to deviate from the plans and specifications as noted above, he shall submit a proposal in writing to the City Planning Commission which will specify in detail the proposed deviation, and the Commission shall at its next regular meeting consider such proposal. The Commission shall have the authority to accept or reject the proposal for such deviation in whole or in part, and shall have forty (40) days from the date the proposal was introduced at a regular meeting in which to make a decision by resolution. A majority vote shall be required to pass a resolution which will allow a deviation from the original streetscape project plans.
1189.06 EMERGENCY CONDITIONS.
In the event that sidewalks or other areas involved in the Streetscape Area must be removed because of a clear and present emergency, authority to proceed may be granted upon oral or written request by the City Administrator. Such permission shall include a firm commitment that all repair and replacement shall be in strict accordance with the plans and specifications, unless a variance eventually is requested through the procedures outlined in Section 1189.05 above. In this case, approved temporary replacement of sidewalks or other structures may be made in a manner approved by the City Engineer following which, such variances approved or denied by the Planning Commission, shall govern the final work.
1189.99 PENALTY.
Whoever violates, disobeys, omits, neglects or refuses to comply with any provision of this chapter is guilty of a minor misdemeanor. Each day of violation shall be considered a separate offense. (Ord. 05-43. Passed 10-3-05.)
1191.01 TITLE.
Chapter 1191 of these Codified Ordinances shall be known and may be cited and referred to as the "Flood Plain Zoning Regulations of the City of Tiffin, Ohio" and shall hereinafter be referred to as "these regulations."
(Ord. 06-7. Passed 4-3-06.)
1191.02 PURPOSE.
It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) 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;
(f) 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;
(g) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(h) Minimize the impact of development on adjacent properties within and near flood prone areas;
(i) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(j) Minimize the impact of development on the natural, beneficial values of the floodplain;
(k) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(l) Meet community participation requirements of the National Flood Insurance Program. (Ord. 06-7. Passed 4-3-06.)
1191.03 GENERAL PROVISIONS.
(a) 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.
(b) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Tiffin as identified in Section 1191.03(c), including any additional areas of special flood hazard annexed by City of Tiffin.
(Ord. 06-7. Passed 4-3-06.)
(c) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
(1) "Flood Insurance Study, Seneca County, Ohio and Incorporated Areas" and "Flood Insurance Rate Map, Seneca County, Ohio and Incorporated Areas", both effective May 3, 2011.
(2) Any hydrologic and hydraulic engineering analysis authorized by a registered Professional Engineer in the State of Ohio which has been approved by the City of Tiffin as required by Section 1191.06(c) 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 the Engineer's office of the City of Tiffin.
(Ord. 11-13. Passed 3-7-11.)
(d) 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.
(e) 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.
(f) 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 Tiffin, 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.
(g) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 06-7. Passed 4-3-06.)
1191.04 DEFINITIONS.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(a) Accessory Structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) Appeal. A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.
(c) Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.
(d) Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from l to 3 feet).
(e) Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
(f) Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(g) Enclosure Below the Lowest Floor. See "Lowest Floor."
(h) Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
(i) Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.
(j) Fill. A deposit of earth material placed by artificial means.
(k) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(l) Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
m) Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
(n) Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
Zone A:
Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
Zones A1-30 and Zone AE:
Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
Zone AO:
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.
Zone AH:
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.
Zone A99:
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.
Zone B and Zone X (shaded):
Areas of 500-year flood; areas subject to the 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.
Zone C and Zone X (unshaded):
Areas determined to be outside the 500-year floodplain.
(o) Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
(p) Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation plus one (1) foot of freeboard. 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.
(q) Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(r) Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
(s) Historic structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation office.
(t) Hydrologic and hydraulic engineering analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(u) Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's are broken down into the following categories:
Letter of Map Amendment (LOMA):
A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
Letter of Map Revision (LOMR):
A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
Conditional Letter of Map Revision (CLOMR):
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.
(v) Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
(w) Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(x) Manufactured home park. As specified in the 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.
(y) National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(z) New construction. Structures for which the "start of construction" commenced on or after the initial effective date of the City of Tiffin Flood Insurance Rate Map, dated July 3, 1986, and includes any subsequent improvements to such structures.
(aa) Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 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.
(bb) Recreational vehicle. A vehicle which is:
(1) Built on a single chassis,
(2) 400 square feet or less when measured at the largest horizontal projection,
(3) Designed to be self- propelled or permanently towable by a light duty truck, and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(cc) Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Ohio Revised Code.
(dd) Registered Professional Engineer. A person registered as a professional engineer under Chapter 4733 of the Revised Code.
(ee) Registered Professional Surveyor. A person registered as a professional surveyor under Chapter 4733 of the Revised Code.
(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. 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. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(ii) Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(jj) Substantial Improvement. 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 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".
(kk) Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.
(ll) Violation. The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 06-7. Passed 4-3-06.)
1191.05 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The City Engineer is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation.
(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) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1191.03(c), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential floodproofed structure as required in Section 1191.06(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1191.06(d)(5) are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1191.06(i)(3).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1191.06(i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1191.06(i)(1).
F. Generation of base flood elevation(s) for subdivision and large scale developments as required by Section 1191.06(c).
(6) A Floodplain Development Permit Application Fee of $100.00.
(e) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1191.05(d) has been received by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If 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.
(f) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(g) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of Section 1191.05(j)(1), a Letter of Map Revision.
(h) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1191.07 of these regulations.
(i) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
(2) 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.
(3) Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.
(4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.
(5) 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.
(j) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Tiffin flood maps, studies and other data identified in Section 1191.03(c) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to submit new technical data.
A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
4. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1191.06(c).
B. It is the responsibility of the applicant to have technical data, required in accordance with Section 1191.05(j)(1), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
1. Proposed floodway encroachments that increase the base flood elevation; and
2. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1191.05(j)(1)(A).
(2) Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the City of Tiffin, and may be submitted at any time.
(3) Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Tiffin 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 Tiffin's Flood Insurance Rate Map accurately represent the City of Tiffin boundaries, include within such notification a copy of a map of the City of Tiffin suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Tiffin has assumed or relinquished floodplain management regulatory authority.
(k) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps and / or Flood Insurance Study have been provided by FEMA:
A. 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.
B. 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.
(4) 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 1191.07, Appeals and Variances.
(5) 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.
(l) Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) 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. 06-7. Passed 4-3-06.)
1191.06 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
(a) Use Regulations.
(1) Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the City of Tiffin are allowed provided they meet the provisions of these regulations.
(2) Prohibited uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Chapter 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter 3734 of the Ohio Revised Code.
(b) 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 flood waters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(c) Subdivisions and 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.
(d) 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 (1191.06(d)(1)) and construction materials resistant to flood damage (1191.06(d)(2)) are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. Where Flood Protection 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 1191.06(d).
(8) Where Flood Protection Data are not available, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
(e) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1191.06(d)(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 1191.06(e)(2)A. and B.
(3) Where Flood Protection Data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(f) 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 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 flood protection elevation; and
(g) 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
(h) 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.
(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
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 which 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 the City of Tiffin 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 the City of Tiffin 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 1191.05(j)(l)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 06-7. Passed 4-3-06.)
1191.07 APPEALS AND VARIANCES.
(a) Appeals Board Established. The Zoning Board of Appeals as established by the City shall hear and decide appeals and requests for variances from the requirements of these regulations pursuant to the authority and procedure set forth in Chapters 1141 through 1149 and 1191 of Tiffin Codified Ordinances.
(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. 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.
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, owing 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 of $100.00.
(2) 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 which 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 flood waters 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.
(3) 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 1191.07(d)(2)A. - K. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(e) Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Seneca County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 06-7. Passed 4-3-06.)
1191.08 ENFORCEMENT.
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1191.05(i).
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1191.08(c).
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1191.08(c).
(b) Notice of Violation. 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.
(c) Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Tiffin. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Tiffin from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Tiffin shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 06-7. Passed 4-3-06.)