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Codified Ordinances Village of Swanton Ohio

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Codified Ordinances Village of Swanton Ohio Powered By Docstoc
					                            Village of Swanton, Ohio 2010
Chapter

                          TITLE I: GENERAL PROVISIONS

          10.    General Provisions
          11.    Official Standards


                 TITLE III: ADMINISTRATION

          30.    Village Officials
          31.    Village Council
          32.    Police and Fire Departments
          33.    Other Departments, Boards and Commissions
          34.    Personnel Policies
          35.    Income Tax
          36.    Village Policy
          37.    Enterprise Zone


                 TITLE V: PUBLIC WORKS

          50.    Residential Refuse Collection
          51.    Sewers
          52.    Water


                 TITLE VII: TRAFFIC CODE

          70.    General Provisions
          71.    Traffic Regulations
          72.    Bicycles, Snowmobiles and Motorcycles
          73.    Parking Regulations
          74.    Parking Schedules

                 TITLE IX: GENERAL REGULATIONS

          90.    Animals
          91.    Fire Prevention; Explosives and Fireworks
          92.    Nuisances
          93.    Littering
          94.    Parks and Recreation
          95.    Streets and Sidewalks


                 TITLE XI: BUSINESS REGULATIONS

          110.   Intoxicating Liquors
          111.   Peddlers and Solicitors
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                           Village of Swanton, Ohio 2010
                        TITLE XIII: GENERAL OFFENSES

        130.    General Provisions
        131.    Offenses Against Property
        132.    Offenses Against Public Peace
        133.    Offenses Against Morals
        134.    Gambling
        135.    Offenses Against Persons
        136.    Offenses Against Justice and Administration
        137.    Weapons Control
        138.    Drug Offenses
        139.    Miscellaneous


                TITLE XV: LAND USAGE

        150.    Zoning Code
        151.    Subdivision Regulations
        152.    Flood Damage Prevention

                TABLE OF SPECIAL ORDINANCES

Table

        I.      Agreements
        II.     Annexations and Detachments
        III.    Dedications and Plat Approvals
        IV.     Easements
        V.      Franchises
        VI.     Real Estate Transactions
        VII.    Street Grade Levels and Street Name Changes
        VIII.   Vacations
        IX.     Zoning Map Changes



                PARALLEL REFERENCES

                References to Ohio Revised Code
                References to 1964 Code
                References to Ordinances




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                Village of Swanton, Ohio 2010
                Title I: General Provisions

Chapter


          10.    General Provisions

          11.    Official Standards




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                                Village of Swanton, Ohio 2010
                              Chapter 10: General Provisions

Section


   10.01            Title of Code
   10.02            Interpretation
   10.03            Application to future ordinances
   10.04            Captions
   10.05            Definitions
   10.06            Rules of interpretation
   10.07            Severability
   10.08            Reference to other sections
   10.09            Reference to offices
   10.10            Errors and omissions
   10.11            Official time
   10.12            Reasonable time
   10.13            Ordinances repealed
   10.14            Ordinances unaffected
   10.15            Repeal or modification of ordinance
   10.16            Ordinances which amend or supplement code
   10.17            Section histories; statutory references

   10.99            General penalty

~ 10.01 Title of Code

This codification of ordinances by and for the municipality of Swanton shall be designated as
the Code of 1992, and may be so cited. (Adopting Ord. 92-20, passed 9-28-92)


~ 10.02 Interpretation

Unless otherwise provided herein, or by law or implication required, the same rules of
construction, definition, and application shall govern the interpretation of this code as those
governing the interpretation of state law. (Adopting Ord. 92-20, passed 9-28-92)


~10.03 Application to Future Ordinances

All provision of Title I compatible with future legislation, shall apply to ordinances hereafter
adopted amending or supplement this code unless otherwise specifically provided. (Adopting
Ord. 92-20, passed 9-28-92)

~ 10.04 Captions
Headings and captions used in this code other than the title, chapter, and section numbers are
employed for reference purposes only and shall not be deemed a part of the text of any
section. (Adopting Ord. 92-20, passed 9-28-92)


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                                Village of Swanton, Ohio 2010
~ 10.05 Definitions

      (A) General Rule. Words and phrases shall be taken in their plain, or ordinary and
      usual sense. However, technical words and phrases having a peculiar and appropriate
      meaning in law shall be understood according to their technical import.

      (B) For the purpose of this code, the following definitions shall apply unless the context
      clearly indicates or requires a different meaning.

      Code, This Code or This Code of Ordinances.This municipal code as modified by
      amendment, revision, and adoption of new titles, chapters, or sections. County. Fulton
      and Lucas Counties, Ohio.
      May. The act referred to is permissive.
      Month. A calendar month.
      Oath. An affirmation in all cases in which, by law, an affirmation may be
      substituted for an oath, and in such cases the words Swear and Sworn shall be
      equivalent to the words Affirm and Affirmed.
      Officer, Office, Employee, Commission, or Department. An officer, office,
      employee, commission, or department of this municipality unless the context
      clearly requires otherwise.
      Person. Extends to and includes person, persons, firm, corporation,
      copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing
      and imposing a penalty, the terms Person or Whoever as applied to any
      unincorporated entity shall mean the partners or members thereof, and as
      applied to corporations, the officers or agents thereof.
      Preceding or Following. Next before or next after, respectively.
      Shall. The act referred to is mandatory.
      Signature or Subscription. Includes a mark when the person cannot write.
      State. The State of Ohio.
      Subchapter. A division of a chapter, designated in this code by a heading in
      the chapter analysis and a capitalized heading in the body of the chapter,
      setting apart group of sections related by the subject matter of the
      heading. Not all chapters have subchapters.
      Written. Any representation of words, letters, or figures, whether by printing or
      otherwise.
      Village, Municipal Corporation, Municipality, or City. The Village of Swanton, Ohio.
      Year. A calendar year, unless otherwise expressed; equivalent to the words Year of
      our Lord.
(Adopting Ord. 92-20, passed 9-28-92)

~ 10.06 Rules of Interpretation.

The construction of all ordinances of this municipality shall be by the following rules, unless
such construction is plainly repugnant to the intent of the legislative body or of the context of
the same ordinance:

      (A) And or Or. Either conjunction shall include the other as if written “and/or”, if
          the sense requires it.

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                                 Village of Swanton, Ohio 2010
      (B) Acts by assistants. When a statute or ordinance requires an act to be done
          which, by law, an agent or deputy as well may do as the principal, such
          requisition shall be satisfied by the performance of such act by an authorized
          agent or deputy.

      (C) Gender; singular and plural; tenses. Words denoting the masculine gender
          shall be deemed to include the feminine and neuter genders; words in the
          singular shall include the plural, and words in the plural shall include the
          singular; the use of a verb in the present tense shall include the future, if
          applicable.

      (D) General term. A general term following specific enumeration of terms is not
          to be limited to the class enumerated unless expressly so limited.
(Adopting Ord. 92-20, passed 9-28-92)


~ 10.07 Severability

If any provision of this code as now or later amended or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions that can be given
effect without the invalid provision or application. (Adopting Ord. 92-20, passed 9-28-92)


~10.08 Reference to Other Sections

Whenever in one section reference is made to another section hereof, such reference shall
extend and apply to the section referred to as subsequently amended, revised, recodified, or
renumbered unless the subject matter is changed materially altered by the amendment or
revision. (Adopting Ord. 92-20, passed 9-28-92)

~ 10.09 Reference to Offices

Reference to a public office or officer shall be deemed to apply to any office, officer, or
employee of this municipality exercising the powers, duties, or functions contemplated in the
provision, irrespective of any transfer of functions or change in the official title of the
functionary.

~ 10.10 Errors and Omissions

If a manifest error is discovered, consisting of the misspelling of any words; the omission of
any word or words necessary to express the intention of the provisions affected; the use of a
word or words to which no meaning can be attached; or the use of a word or words when
another word or words was clearly intended to express such intent, such spelling shall be
corrected and such word or words supplied, omitted, or substituted as will conform with the
manifest intention and the provisions shall have the same effect as though the correct words
were contained in the text as originally published. No alteration shall be made or permitted if
any question exists regarding the nature or extent of such error. (Adopting Ord. 92-20, passed
9-28-92)


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                                Village of Swanton, Ohio 2010
~ 10.11Official Time

The official time, as established by applicable state/federal laws, shall be the official time
within this municipality for the transaction of all municipal business. (Adopting Ord. 92-20,
passed 9-28-92)


~ 10.12 Reasonable Time

      (A) In all cases where an ordinance requires an act to be done in a reasonable
      time or requires reasonable notice to be given, reasonable time or notice shall be
      deemed to mean the time which is necessary for a prompt performance of such
      act or the giving of such notice.

      (B) The time within which an act is to be done, as herein provided, shall be
      computed by excluding the first day and including the last. If the last day be
      Sunday, it shall be excluded.

~ 10.13 Ordinances Repealed

This code, from and after its effective data, shall contain all of the provisions of a general
nature pertaining to the subjects herein enumerated and embraced. All prior ordinances
pertaining to the subjects treated by this code shall be deemed repealed from and after the
effective date of the code. (Adopting Ord. 92-20, passed 9-28-92)

~ 10.14 Ordinances Unaffected

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects
not embraced in this code shall remain in full force and effect unless herein repealed expressly
or by necessary implication. (Adopting Ord. 92-20, passed 9-28-92)


~ 10.15 Repeal or Modification of Ordinance

      (A) Whenever any ordinance or part of an ordinance shall be repealed or
      modified by a subsequent ordinance, the ordinance or part of an ordinance thus
      repealed or modified shall continue in force until the due publication of the ordinance
      repealing or modifying it when publication is required to give effect thereto, unless
      otherwise expressly provided.

      (B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given,
      secured, or accrued under any ordinance previous to its repeal shall in anywise be
      effected, released or discharged, but may be prosecuted, enjoyed, and recovered as
      fully as if the ordinance had continued in force unless it is otherwise expressly provided.

      (C) When any ordinance repealing a former ordinance, clause or provision shall by
      itself repealed, the repeal shall not be construed to revive the former ordinance, clause
      or provision, unless it is expressly provided
(Adopting Ord. 92-20, passed 9-28-92)
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                                Village of Swanton, Ohio 2010
~ 10.16 Ordinances Which Amend or Supplement Code

      (A) If the legislative body shall desire to amend any existing chapter or section of this
      code, the chapter or section shall be specifically repealed and a new chapter or section,
      containing the desired amendment, substituted in its place.

      (B) Any ordinance which is proposed to add to the existing code a new chapter or
      section shall indicate, with reference to the arrangement of this code, the proper
      number of such chapter or section. In addition to such indication thereof as may
      appear in the text of the proposed ordinance, a caption or title shall be shown in
      concise form above the ordinance.
(Adopting Ord. 92-20, passed 9-28-92)

~ 10.17 Section Histories; Statutory References

      (A) As histories for the code sections, the specific number and passage date of the
      original ordinance, and the most recent three amending ordinances, if any, are listed
      following the text of the code section. Example:
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 10, passed 5-13-60; Am. Ord. 15 passed 1-1-70;
Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

      (B) If a statutory cite is set forth as a “statutory reference” following the text of the
      section, this indicates that the reader should refer to that statute for further information.
      Example:
             ~ 31.10 Mayor
             The Mayor shall preside at all meetings of the legislative body.
             (Adopting Ord. 92-20, passed 9-28-92) (Ord. 10, passed 1-1-80)

              Statutory reference
              For the powers and duties of the Mayor, see R.C. ~733.24
              (Adopting Ord. 92-20, passed 9-28-92)


~ 10.99 General Penalty

Any person, firm, or corporation who violates any provision of this code for which another
penalty is not specifically provided shall, upon conviction, be guilty of a minor misdemeanor
and subject to a fine not exceeding $100.00. A separate offense shall be deemed committed
upon each day during which a violation occurs or continues. (Adopting Ord. 92-20, passed 9-
28-92)



                               Chapter 11: Official Standards

Section

      11.01         Standard base of elevations


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                               Village of Swanton, Ohio 2010

~ 11.01 Standard Base Of Elevations

The standard base for all levels and elevations hereafter used in the improvement or
construction of streets, sewers, sidewalks and other public work shall be United States
Geological Survey (U.S.G.S.). Levels hereafter made use of by the village shall be referred to
the above described level plane as a base. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code,
~ 103.01) (Ord. 195, passed 6-17-01)



                                  Title III: Administration

      Chapter

                    30.   Village Officials

                    31.   Village Council

                    32.   Police and Fire Departments

                    33.   Other Departments, Boards, and
                          Commissions

                    34.   Personnel Policies

                    35.   Income Tax

                    36.   Village Policy

                    37.   Enterprise Zone




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                                  Village of Swanton, Ohio 2010
                                 Chapter 30: Village Officials

Section

      30.01    Bonding of Village Officials and Employees
      30.02    Village Administrator
      30.03    Mayor
      30.04    Clerk-Treasurer
      30.05    Village Solicitor
      30.06    Establishment of Other Positions


~ 30.01 Bonding of Village Officials and Employees

      (A) Officials and employees of the village shall be bonded in accordance with the
      following schedule:
      Mayor and Council                                   $    1,000
      Clerk-Treasurer                                        200,000
      Deputy Clerk-Finance Director and Tax Administrator 200,000

      (B) Other employees who handle cash or negotiable paper will be bonded in an
      amount determined by the Village Administrator.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 81-25, passed 12-14-81)


~ 30.02 Village Administrator

Section one.

      (A) In accordance with R.C. Section 735.271 there is hereby created the
      position of Village Administrator.

      (B) The Village Administrator shall have those powers, duties, and functions as
      provided by the general laws of the State of Ohio, and, in addition thereto, by
      law, shall have the following powers, duties and functions:

               1. Manage and supervise the water and sewage systems of the Village,
                including the making of by-laws and regulations, to the extent not repugnant to
                municipal ordinances and resolutions, deemed necessary by him for the safe,
                economical and efficient management and protection of such water and sewage
                systems.

               2. Manage and supervise the improvement and repair of streets, alleys, public
               lands, bridges, sidewalks, sewers, water lines, drains, ditches, culverts and water
               courses within the Village, including the lighting, sprinkling and cleaning of all
               streets, alleys and public buildings and places.

               3. Appoint employees provided such employees are authorized by legislative
               authority of the Village; but such appointment shall be subject to approval by the

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                              Village of Swanton, Ohio 2010
             Mayor with the consent of Council.         The salaries, wages, and other
             compensation to be paid employees shall be established by Council.

             4. Act as purchasing agent for all village offices, departments, divisions, boards
             and commissions and shall make contracts, purchase supplies and materials
             and provide labor for any work under his supervision, all in accordance with the
             provision of R.C. Section 731.141 and other applicable statutory provisions, and
             incidental to said powers, duties and functions, to the extent not repugnant to the
             ordinances of the Village, shall promulgate written rules and procedures to be
             followed by all Village officers and employees relative to the requisitioning of
             supplies, materials and work for their respective offices, departments, divisions,
             boards or commissions.

             5. Supervise and coordinate all offices and departments of the Village.

             6. Perform the functions of Village zoning administrator pursuant to
             Chapter 150 of the codified ordinances.

             7. Perform or cause to be performed such special tasks as may from time
             to time be assigned by the Council of the Village.

      (C) After the effective date of this section, the appointment of the Village Administrator
      by the Mayor, and his conformation by the Council, the Board of Trustees of Public
      Affairs, shall be abolished in accordance with the provisions of R.C. Section 735.272. If
      the Mayor fails to appoint within 90 days, the authority to appoint is given to the Village
      Council.

      (D) It is hereby established as a qualification for appointment as the Village
      Administrator that such person appointed shall be of excellent moral character and
      reputation, speak effectively before large and small groups, write well and have a good
      command of both written and spoken English, be a good manager and leader capable
      of carrying out the duties and responsibilities of the office and have a bachelor’s degree
      in public administration or equivalent or experience at least equal to same; and shall not
      be an elected official of the Village at the time of his appointment nor during his tenure
      in office.

       (E) The compensation of the Village Administrator shall be established by annual
       ordinance.
(Ord. 93-18, passed 12-13-93, effective 1-1-94) (Adopting Ord. 92-20, passed 9-28-92; Ord.
77-2, passed 3-14-77)

~ 30.03 Mayor

The compensation of the Mayor shall be $5520.00 per year, payable in monthly installments
on the first regular payday of the following month; together with an expense account of $400
per year, payable $100 quarterly. Service club fees shall be paid for membership in one club.
(Adopting Ord, 2004-6, passed 2-23-04)(Ord. 92-20, passed 9-28-92) (Ord. 81-25, passed 12-
14-81; Am. Ord. 89-37, passed 12-18-89; Am. Ord. 90-34, passed 12-17-90)


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                                Village of Swanton, Ohio 2010
~ 30.04 Clerk-Treasurer

The compensation of the Clerk-Treasurer shall be $3000.00 yearly payable in quarterly
installments on the last regular payday of the quarter; together with an expense account
payable quarterly. (Adopting Ord, 2004-6, passed 2-23-04) (Ord. 92-20, passed 9-28-92) (Ord.
81-25, passed 12-14-81; Am. Ord. 89-37, passed 12-18-89; Am. Ord. 90-34, passed 12-17-
90)


~ 30.05 Village Solicitor

The compensation of the Village Solicitor shall be determined annually or biannually by
ordinance at the discretion of Council. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 81-25,
passed 12-14-81)


~ 30.06 Establishment of Other Positions

For the establishment of all other salaried/management positions, hourly positions, and special
positions, see ~34.12 of this Code of Ordinances. (Adopting Ord. 92-20, passed 9-28-92)

                                Chapter 31: Village Council


Section

      31.01         Regular and Special Meetings
      31.02         Compensation
      31.03         Method to Determine Time and Place of All and Special Meetings

~ 31.01 Regular and Special Meetings

      (A) Council shall, except as otherwise provided in this section, meet in regular session
      at the Council Chambers at 7:00 p.m. on the second and fourth Mondays of each
      month, except in the months of July when Council will meet on

      the third Monday and in December when Council shall not meet on the fourth Monday.
      Should any holiday fall upon the date for a regular meeting, Council shall appoint
      another date within the same month in lieu thereof.
      (B) The Mayor or any three members may call special meetings upon at least 12 hours
      notice to each member, served personally or left at his usual place of residence.
(Adopting Ord. 2000-35, passed 10-9-00)(R.C. ~731.46) (Ord. 92-20, passed 9-28-92) (‘64
Code ~121.01) (Ord. 73-11, passed 6-25-73)


~ 31.02 Compensation

The compensation of each member of Council shall be $120.00 per meeting for each regular,
special, and committee meeting called according to law, not to exceed, however, 25 total
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                               Village of Swanton, Ohio 2010
meetings in one year. Compensation shall be payable in quarterly installments on the last
regular payday of the quarter.

      (A) President of Council’s Compensation
      The compensation of the President of Council shall be $124.80 per meeting for each
      regular, special, and committee meeting called according to law, not to exceed,
      however, 25 total meetings in one year. Compensation shall be payable in quarterly
      installments on the last regular payday of the quarter.
(Adopting Ord, 2004-6, passed 2-23-04) (Ord. 92-20, passed 9-28-92) (Ord. 81-25, passed
12-14-81; Am. Ord. 89-37, passed 12-18-89; Am. Ord. 90-34, passed 12-17-90)


~ 31.03 Method to Determine Time and Place of All Regular and
        Special Meetings

      (A) Village Council shall publish and post in the Village Municipal Building by January 2
      of each year a schedule of all regularly scheduled Council, Park and Planning
      Commission meetings for the ensuing calendar year.

      (B) Notice of special meetings, except in the event of an emergency, shall be posted in
      the Village Municipal Building and actual notice given to the Swanton Enterprise at least
      twenty-four (24) hours in advance.

      (C) Notice of Village Council subcommittee meetings shall be announced at the
      preceding regular meeting of Village Council.

      (D) Any person may receive advance notice and an agenda of all meetings at
      least twenty-four (24) hours in advance, except in the event of an emergency, by
      depositing self-addressed, stamped envelopes, with a written application for such
      notices with the Clerk of Council.

      (E) Village offices shall be open for telephone inquiries regarding meetings from
      8:00 a.m. to 4:30 p.m., Monday through Friday, at 826-9515.
(Adopting Ord. 93-4, passed 4-26-93)


                         Chapter 32: Police and Fire Departments


Section
                    Police Department General Provisions

      32.01         Chief of Police
      32.02         Sergeant of Police
      32.03         Police Officer
      32.04         Police - Part Time
      32.05         Clerk-Dispatcher
      32.06         Crossing Guard


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                                Village of Swanton, Ohio 2010
                    Rules and Regulations for the Police Department

      32.10         Definitions
      32.11         Patrol Duty
      32.12         Motor Vehicles
      32.13         Uniforms and Insignia
      32.14         Days Off, AWOL, and Vacation
      32.15         Use of Firearms
      32.16         General Rules
      32.17         Disciplinary Action


                    Fire Department General Provisions

      32.45         Records of Fires
      32.46         Monthly Practice Drills
      32.47         Deputy Fire Chief and Firefighters
      32.48         Loss of Membership
      32.49         Volunteer Firefighters’ Dependents Fund Board

                    Volunteer Fire Department Rescue Unit

      32.60         Creation
      32.61         Volunteer Fire Chief
      32.62         Deputy Fire Chief (Rescue Chief)
      32.63         Application for Appointment; Appointment
      32.64         Bylaws, Uniforms and the Like
      32.65         Compensation
      32.66         Contracts with Other Municipalities and Townships
      32.67         Police Enforcement Municipal Property Outside Village Limits
      32.68         Operational Protocol for the Swanton Rescue Unit
      32.70         Fees


                          Police Department General Provisions

~ 32.01 Chief of Police

      (A) The office of Chief of Police is hereby created in the Police Department
      pursuant to this section and ~34.12, and as further set forth in the Ohio Revised
      Code.

      (B) The compensation of the Chief of Police shall be established by annual
      ordinance.
(Adopting Ord. 92-20, passed 9-28-92)


~ 32.02 Sergeant of Police
      (A) The office of Sergeant of Police is hereby in the Police Department.
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                                  Village of Swanton, Ohio 2010
      (B) In addition to the duties assigned by the Chief of Police, the Sergeant of
      Police shall perform the duties of Chief of Police in the event of illness, disability
      or temporary absence of the Chief of Police. In the event of the death of the Chief of
      Police, he shall perform such duties until the successor Chief is appointed and
      qualified.

      (C) The Sergeant of Police shall be a full time officer of the Police Department,
      shall be appointed by the Mayor with the approval of the majority of Council, and
      shall continue until removed by a majority vote of Council.

     (D) The compensation of Sergeant of Police shall be established by annual
     ordinance.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 74-4, passed 6-12-72)


~ 32.03 Police Officer

      (A) The position of police officer is hereby created in the Police Department
      pursuant to this section and ~34.12, and as further set forth in the Ohio Revised Code.

      (B) The compensation of the position of police officer shall be established by
      annual ordinance.
(Adopting Ord. 92-20, passed 9-28-92)


~ 32.04 Police Officer, Part-Time

      (A) The position of part-time police officer is hereby created in the Police
      Department pursuant to this section and ~34.12, and as further set forth in the
      Ohio Revised Code.

      (B) The compensation of the position of part-time police officer shall be
      established by annual ordinance.
(Adopting Ord. 92-20, passed 9-28-92)


~ 32.05 Clerk-Dispatcher

      (A) The position of Clerk-Dispatcher is hereby created in the Police Department
      pursuant to this section and ~34.12, and shall be subject to the supervision and
      direction of the Police Chief.

      (B) The compensation of the position of Clerk-Dispatcher shall be established by
      annual ordinance.
(Adopting Ord. 92-20, passed 9-28-92)


~ 32.06 Crossing Guard
      (A) The position of crossing guard is hereby created in the Police Department

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                                Village of Swanton, Ohio 2010
      pursuant to this section and ~34.12 and shall be subject to the supervision and
      direction of the Police Chief.

      (B) The compensation of the crossing guard shall be as established by annual
      ordinance.
(Adopting Ord. 92-20, passed 9-28-92)


                      Rules and Regulations for the Police Department

~ 32.10 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.

      Department. The Village of Swanton Police Department.

      Member. Any person employed by the Village of Swanton Police Department, whether
      this person is on duty or off duty.
(Am. Ord. 2001-28, passed 6-25-01) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-31,
passed 9-26-83)


~ 32.11 Patrol Duty

      (A) Members of the Department shall report for duty physically and mentally fit
      for their assigned duties, wearing the prescribed uniforms and insignia. They
      shall have in their possession and carry regulation police equipment. Failure to
      take notice of information given to them, with respect to police orientated
      matters, shall be considered neglect of duty.

      (B) Every member of the Department shall faithfully, diligently and continually
      patrol every part of the village. He shall not conspicuously follow any certain
      route with regularity. He shall at night and during the time when business places
      are closed, frequently examine and try accessible doors, windows and means of
      entrance to business and public buildings. In cases where a member is in doubt
      as to the proper action to be taken in any police matter, he shall notify the Chief
      and seek advice.

      (C) Members shall not absent themselves from their assigned patrol area
      without permission from the Police Chief or the Chief’s Superior, except when
      performing urgent or necessary police business, and then they shall notify the
      Chief on a written report covering the incident causing their absence. They shall
      be absent no longer than is required to transact the business.

      (D) Members shall furnish assistance to persons who are injured, sick or lost. When
      requested, they shall give their name and badge number in respectful
      manner.


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                               Village of Swanton, Ohio 2010
      (E) Members shall report in writing any street or street traffic signs that have
      been removed or damaged.

      (F) Members shall pay particular attention to motor vehicles, observing their
      numbers and constantly check to determine if they have been reported stolen,
      involved in any crime, or driven by persons wanted for violation of law, and that
      they are properly licensed, equipped, operated and parked.

      (G) Members are required to settle a variety of complaints that are not criminal in
      character, or that involve minor infraction of law. When the situation cannot be
      corrected immediately, and there has been a law violation, but due to existing
      circumstances an arrest cannot be made, the situation shall be reported in
      writing.

      (H) Members shall make preliminary investigations and reports of all crimes
      coming to their attention and shall be responsible for calling for assistance as the
      case requires.

      (I) Members at the scene of a motor vehicle accident shall give aid to the injured,
      arrest or issue a citation where required and restore an orderly flow of traffic.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-31, passed 9-26-83)


~ 32.12 Motor Vehicles

      (A) No person other than members of the Department shall ride in any police
      vehicle, except where necessary in the performance of Department business or
      when given permission to do so by the Chief of Police.

      (B) Members shall, prior to entering on each tour of duty, examine the vehicle
      thoroughly for mechanical or other damage. Each member at the end of his tour
      of duty shall be responsible for any improper use of said vehicle.

      (C) Members shall test the serviceability of radio equipment when starting their
      tour of duty.

      (D) When responding to an emergency call, members shall exercise judgment
      and care with due regard to the safety of life and property.

      (E) Whenever it necessitates a member to leave his patrol car unattended, shall
      be sure the vehicle is locked and keys are in his possession. Patrol vehicles will
      not be left running and unattended.

      (F) Members shall record mileage of the patrol car at the beginning of each tour
      of duty, and shall record mileage at the end of tour. The miles accumulated at
      the end of tour shall be totaled and turned in for inspection by the Chief.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-31, passed 9-26-83)



                                               17
                                Village of Swanton, Ohio 2010
~ 32.13 Uniforms and Insignia

      (A) Regulations and specification concerning the standard uniform and insignia
      for the Department shall be prepared by the Chief of Police, subject to approval
      by his superiors.

      (B) Uniform coats and shirts shall be properly buttoned at all times. Appearing in
      partial uniform is forbidden. Changes in the style or type of uniform necessitated
      by weather conditions shall be made only upon the order of the Chief of Police.

      (C) The selling, loaning or giving away of all or any part of a police uniform or
      equipment to anyone other than another member of the Department is forbidden
      except with the permission of the Chief of Police.

      (D) Any member of the Department who leaves the service by dismissal or
      resignation, shall return to the Chief of Police all equipment issued to him, or
      shall pay for any and all items which have been lost, and such loss shall be
      explained in writing to the satisfaction of the Chief of Police.

      (E) All members while in uniform shall wear said uniform in cleaned, pressed and
      orderly condition. Shoes will be highly shined. Members may be subject to
      inspection at any time by command officer or Chief of Police.

      (F) All members, while in uniform, shall report for duty clean shaven, no full
      beards or goatees will be worn, sideburns will not extend below base of ear lobe.
      A mustache may be worn, it may not extend to lower lip. It will be kept neat and
      trimmed. Hair will be kept neat and trimmed.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-31, passed 9-26-83)

~ 32.14 Days Off, AWOL, and Vacation

      (A) Members of the Department will have regular hours assigned to them for
      active duty each day, and when not so employed shall be considered off active
      duty. They shall be considered on duty for the purpose of discipline in department and
      conduct. When off duty and in public, they may have in their possession and carry their
      badge, ID card, revolver and cartridge.

      (B) The assignment of days off and vacations shall be made in the manner and
      at the time designated by the Chief of Police.

      (C) Member of the Department absent from duty without leave (AWOL) shall be
      subject to disciplinary action in addition to forfeiture of pay for the time absent
      without leave.

      (D) In the event of any sudden public emergency all vacations, days off, and
      leaves of absences may be suspended by the Chief.

      (E) If a member is sick during an assigned vacation period, the member will not
      be entitled to a vacation at another time during the same year, except when a

                                               18
                                Village of Swanton, Ohio 2010
      member is injured in the line of duty.

      (F) Members who are sick and are unable to report for duty shall notify the
      Department not less than two hours prior to the time they are to go on duty. If a
      member is out sick for three or more working days, upon returning to duty the
      member must have a certificate from a registered physician.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-31, passed 9-26-83)


~ 32.15 Use of Firearms

      (A) All members shall become familiar with firearms that are used in performance of
      duty.

      (B) Every member shall qualify with their sidearms at least yearly. If a member
      fails to qualify he will be relieved of duty until able to do so.

      (C) All members will also have to show their ability in handling off duty firearms.

      (D) The reason a firearm is issued to a member is to extend fatal force beyond
      one’s reach, and this can only be used when the situation is thoroughly justified.

      (E) All members shall carry, handle and transport firearms in a manner so as not
      to endanger any innocent people.

      (F) An officer will use discretion when the use of a firearm becomes unavoidable.
      Under no circumstances will warning shots be used, as this is a potential hazard
      to innocent people.

      (G) Where the police officer has probable cause to believe that the suspect
      poses a threat of serious physical harm, either to the officer or to others, it is not
      constitutionally unreasonable to prevent escape by using deadly force. If the
      suspect threatens the officer with a weapon or there is probable cause to believe
      that he has committed a crime involving the infliction or threatened infliction of
      serious physical harm, deadly force may be used if necessary to prevent escape,
      and if, when feasible, some warning has been given.

      (H) A member may buy and choose his own sidearm. This will not exceed a nine
      millimeter handgun and for all practical purposes will not contain anything but
      nine millimeter cartridges for on or off duty purposes, and authorized by the Chief of
      Police.

      (I) All member shall take special care of their firearms, making sure that they are
      in good working order and cleaned on a regular basis.


(Am. Ord. 2001-28, passed 6-25-01) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-31,
passed 9-26-83; Am. Ord. 85-43, passed 10-28-85; Am. Ord. 90-27, passed 9-10-90)


                                               19
                                 Village of Swanton, Ohio 2010
~ 32.16 General Rules

      (A) Every member of the Department shall be a citizen of the United States.
      Every member shall be resident of the State of Ohio unless the Village Council
      chooses to waive this requirement in particular ordinance form for a particular
      case.

      (B) It is the duty of every member of the Department to preserve the peace,
      protect persons and property, read, obey and enforce all ordinances of the
      village, and all criminal laws of the State of Ohio and the United States.

      (C) It is the duty of every member of the Department to keep up to date on all of
      the sections of these rules and regulations.

      (D) Members shall accept all assignments given to them by their respective
      superior officers.

      (E) Any member of the Department may be designated to execute a warrant of
      arrest, search, subpoena or writ. Any member failing to make a sincere effort to
      execute such process shall be held accountable for such neglect of duty.

      (F) Members shall perform their duties with discretion. They shall not use
      violent, profane, or insolent language while performing their duties or when
      dealing with the public.

      (G) All Department records will be accurate. No records shall be removed from

      the Department files without proper authority.

      (H) Members will not address any public gathering, representing the Department,
      unless authorized by the Chief of Police.

      (I) No member shall aid any criminal with the view of permitting the criminal to
      escape the penalty of the law.

      (J) Members shall report all violations by any member of the Department to the
      Chief of Police.

      (K) Members of the Department shall avoid making arrests in their own families,
      especially in trivial matters.

      (L) When a member of the Department makes an arrest and the prisoner is not
      confined to a cell, the arrested person is the responsibility of the officer. If a prisoner
      escapes or injures another person, because of negligence it will be considered gross
      neglect of duty.

      (M) No member shall accept outside employment that is incompatible with that of a
      police officer or without the consent or the Chief of Police.


                                                20
                                  Village of Swanton, Ohio 2010
      (N) A member may give information to the news media providing information is routine
      in nature. A member will not give out information to the news media if the information is
      of such nature that it will hamper an investigation. Any detailed news released will be
      made by the Chief of Police.

      (O) A member shall support himself and family and pay his just debts.

      (P) A member shall not drink any kind of alcoholic beverages while in uniform, and shall
      not report for, or return to duty under the influence of alcohol or while he may show
      obvious signs of drinking.

      (Q) Any member who loses any issued equipment, because of negligence, shall
      be held responsible for said equipment, and shall pay for such loss.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-31, passed 9-26-83)


~ 32.17 Disciplinary Action

      (A) Every member of the Department shall be subject to disciplinary action, up to
      and including dismissal, for violation of any Department rules and regulations or
      any directives set down by the Chief of Police. The following is a list of the
      disciplinary action which shall be taken:

             (1) Informal Reprimand - A verbal reprimand which is not recorded but
             may be noted in the member’s file.


             (2) Formal Reprimand - A written reprimand which will be recorded in the
             member’s file.

             (3) Suspension - A member who has received three or more formal
             reprimands may be suspended. In addition, a member may be
             suspended at any time for conduct unbecoming a police officer or dereliction of
             duty.

      (B) The Chief of Police shall have the primary responsibility for the discipline of
      the Police Department.

      (C) Charges brought against any member of the Department shall be reviewed
      by the Chief of Police. The charges will be forwarded to the Mayor.


      (D) Any member of the Department who demonstrates he is incapable of
      performing his assigned duties may be subject to disciplinary action.

      (E) Upon the suspension of a member, he shall be entitled to a hearing. Said
      hearing shall be held by the Mayor, Police Committee of the Village Council,
      Chief of Police and with the suspended member present. Upon completion of
      the hearing a disposition will be rendered.

                                               21
                                  Village of Swanton, Ohio 2010
       (F) Any member may waive his right to a formal hearing. When a member has
       waived his right to a formal hearing, the Chief of Police shall take necessary
       disciplinary action, which may include demotion, suspension, reprimand, or dismissal.

       (G) An entry shall be made upon the official service record for all disciplinary
       actions.

       (H) The Chief of Police will handle all complaints from citizens, concerning the
       conduct of members of the Department.

      (I) Any member who is absent illegally for three days or more shall be deemed
      and held as a resignation.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-31, passed 9-26-83)




                                  Emergency Police Auxiliary

                      (Abolished by Ordinance 2001-28, passed 6-25-01)



                             Fire Department General Provisions

~32.45 Records of Fires

The Fire Chief shall keep in convenient form a complete record of all fires. Such record shall
include the time of the alarm, location of fire, cause of fire, if known, type of building, name of
owner and tenant, purpose for which occupied, value of building and contents, members of the
Department responding to the alarm, and such other
information as he may deem advisable or as may be required from time to time by Council.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~141.01)


~32.46 Monthly Practice Drills

The Fire Chief shall hold monthly practice drills of at least one hour’s duration for the Fire
Department when the weather permits, and give the firefighters instructions in approved
methods of fire fighting and fire prevention. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code
~141.02)


~32.47 Deputy Fire Chief and Firefighters

       (A) The Deputy Fire Chief shall, in the absence or disability of the Chief, perform
       all the functions and exercise all of the authority of the Chief.
       (‘64 Code, ~141.03)


                                                22
                                   Village of Swanton, Ohio 2010
       (B) The Deputy Fire Chief and firefighters shall be not less than 18 years of age
       and able bodied. They shall pass a satisfactory mental and physical examination
       and shall become members of the Fire Department only after a six months’
       probationary period. (‘64 Code, ~141.04) (Adopting Ord. 92-20, passed 9-28-92)
       Statutory reference:
       Qualifications of firefighters, see R.C. ~737.22

~32.48 Loss of Membership

Firefighters absent for three consecutive drills or fire calls shall forfeit membership in the Fire
Department. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~141.05)

~ 32.49 Volunteer Firefighters’ Dependents Fund Bond

Pursuant to the provisions of R.C. ~146.02(A), there is hereby established a Volunteer
Firefighters’ Dependents Fund Board which shall be composed and governed by the
provisions of the general laws of Ohio. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code,
~141.06)


                            Volunteer Fire Department Rescue Unit


~ 32.60 Creation

There is hereby created within the provisions of R.C. ~737.21, a rescue unit which shall be
known as the Volunteer Fire Department Rescue Unit, hereafter designated Volunteer Rescue
Unit. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 74-4, passed 1-14-74)


~ 32.61 Volunteer Fire Chief

       (A) The position of Volunteer Fire Chief is hereby established pursuant to this
       section and ~34.12.

      (B) Compensation shall be as established by annual ordinance.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 74-4, passed 1-14-74)


~ 32.62 Deputy Fire Chief (Rescue Chief)

       (A) The chief officer of the Volunteer Rescue Unit shall be a Deputy Fire Chief in
       charge of Rescue, hereafter designated Rescue Chief, and shall be appointed
       upon the recommendation of the Volunteer Fire Chief by the Mayor with the
       advice and consent of Council.

      (B) The compensation of the Deputy Fire Chief in charge of rescue shall be
      established by annual ordinance.
(Adopting Ord. 92-20, passed 9-28-92)
                                                 23
                                Village of Swanton, Ohio 2010
      Cross-reference:
      Establishment of position, see ~34.12


~ 32.63 Application for Appointment; Appointment

      (A) All applicants for appointment to the Volunteer Rescue Unit shall enroll in the
      emergency victim care course of training and instruction as prescribed by the
      Division of Vocational Education of the Ohio State Department of Education and
      shall thereupon be appointed by the Mayor, upon the recommendation of the
      Rescue Chief, as a probationary member of the Volunteer Rescue Unit.
      Probationary status shall terminate at the expiration of nine months from the date
      of appointment thereto, except that for good cause shown, the Mayor may
      extend the term for a period not to exceed an additional three-month period.

      (B) Upon the satisfactory completion of the prescribed emergency victim care
      training program and certification of a licensed physician showing that the
      applicant within 60 days of appointment has passed a physical examination and
      meets the physical requirements necessary to perform the duties of a member of
      the Volunteer Rescue unit, the applicant, upon the recommendation of the
      Rescue Chief, shall be appointed by the Mayor, with the advice and consent of

      the Council, to full membership on the Volunteer Rescue Unit.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 74-4, passed 1-14-74)
      Statutory reference:
      Qualifications of firefighters, see R.C. ~737.22


~32.64 Bylaws, Uniforms and the Like

The Volunteer Rescue Unit may adopt bylaws consistent with the State of Ohio and the
ordinances of the Village, uniforms, badges or other identifying insignia, after submission for
recommendation to the Safety Committee and approval by ordinance of Council. (Adopting
Ord. 96-33, passed 12-9-96) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 74-4, passed 1-14-
74) Reference Management Manuals - Operational Protocol


~32.65 Compensation

The members of the Volunteer Rescue Unit, both probationary and full, as long as they are in
good standing and not under suspension, shall be paid the same compensation and shall be
entitled to and enjoy the same rights, benefits, privileges and immunities as are or may
hereafter be accorded to the members of the Volunteer Fire Department.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 74-4, passed 1-14-74)


~32.66 Contracts with Other Municipalities
Upon such terms as set forth in contracts by and between the village and other municipal
corporations and townships, to furnish rescue service to other municipal corporations and
                                              24
                                 Village of Swanton, Ohio 2010
townships, in or out of Fulton County and outside the Village of Swanton, under the authority
of R.C. ~ 505.44, the Volunteer Rescue Unit shall furnish rescue service to such contracting
municipal corporations and townships. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 74-4,
passed 1-14-74)

~ 32.67 Police Enforcement Municipal Property Outside Village Limits

       (A) Village Police have the authority to enforce the provisions of the Ohio
       Revised Code upon property owned by the Village and located outside of Village
       limits. Specific properties include the Swanton Village Reservoir, in Swanton
       Township, and the former Village dump in Swancreek Township.

       (B) Additional Properties may be added by motion and approval of Council.
(Res. 94-3, passed 2-28-94)

~ 32.68 Operational Protocol for the Swanton Rescue Unit

All organizations require structure and direction to function efficiently. The Swanton Rescue
Unit with its constitutional mission of community service is no different. This protocol is to
provide that structure and direction which is required, in addition to the

Constitution and By-Laws, for efficient normal daily operation. It consists of the following
series of written directives governing the operation of the unit and the conduct of its members
while on duty, or on station, which have been reviewed by the Advisory Board and signed by
the Chief. These directives are to give guidance to, and provide accountability for, all
members of the unit.

While most elements of day to day operation are addressed by this document, it is always
possible that a situation could arise which is not specifically spoken to hereinafter. Should this
occur, it is hoped that common sense would prevail. When in doubt as to a course of action,
the prudent member would contact his/her Squad Leader or, failing that, the next available
Line Officer.

Operational Protocol is not to be confused with Medical Protocol which is written by the Fulton
County Medical Director and serves an entirely different function. Although no conflicts are
anticipated, should this occur, Medical Protocol shall supersede Operational Protocol. (Ord.
32.68, passed 12-9-96)


~ 32.70 Fees

       (A) Copies of Reports

The police, fire, and rescue departments shall charge a fee of five dollars, ($5.00) to copy
reports for the general public. All fees shall be deposited with the Director o Finance for
crediting to the proper fund. (Ord. 97-34, passed 12-8-97)




                                               25
               Village of Swanton, Ohio 2010
~ Chapter 33: Other Departments, Boards, and Commissions
                        [Reserved]




                            26
                         Village of Swanton, Ohio 2010
                       Chapter 34: Personnel Policies

Section
                               General Provisions

      34.01   Administration
      34.02   Definitions

                         Compensation and Benefits

      34.10   Authority of Council - Repealed Ordinance 2003-23, June 23, 2003
      34.11   Pay Periods - Repealed Ordinance 2003-23, June 23, 2003
              34.12 Establishment of Positions - Repealed Ordinance 2003-23, June
              23, 2003
      34.13   Holidays - Repealed Ordinance 2003-23, June 23, 2003
      34.14   Group Insurance - Repealed Ordinance 2003-23, June 23, 2003
      34.15   Mileage - Repealed Ordinance 2003-23, June 23, 2003
      34.16   Overtime - Repealed Ordinance 2003-23, June 23, 2003
      34.17   Fringe Hours - Repealed Ordinance 2003-23, June 23, 2003
      34.18   Work Uniforms - Repealed Ordinance 2003-23, June 23, 2003
              34.19 Sick Leave; Bereavement Leave - Repealed Ordinance 2003-23,
              June 23, 2003
      34.20   Personal Leave - Repealed Ordinance 2003-23, June 23, 2003
              34.21 Conversion of Sick Leave and Personal Leave - Repealed
              Ordinance
              2003-23, June 23, 2003
      34.22   Disability Leave - Repealed Ordinance 2003-23, June 23, 2003
      34.23   Maternity Leave - Repealed Ordinance 2003-23, June 23, 2003
      34.24   Vacations - Repealed Ordinance 2003-23, June 23, 2003
      34.25   Compensation of Police Officers for Court Time - Repealed
              Ordinance 2003-23, June 23, 2003
      34.26   Severance Pay - Repealed Ordinance 2003-23, June 23, 2003
              34.27 State Licenses - Allowable Expenditures - Repealed Ordinance
              2003-23, June 23, 2003
      34.28   Service Club Dues - Repealed Ordinance 2003-23, June 23, 2003
      34.29   Commercial Drivers Alcohol and Drug Test - Repealed Ordinance
              2003-23, June 23, 2003
      34.30   Job Description Manual for Village Employees - Repealed Ordinance
              2003-23, June 23, 2003




                               General Provisions

                                       27
                               Village of Swanton, Ohio 2010
~ 34.01 Administration

      (A) The Village Administrator shall be responsible for the implementation of personnel
      policy as set forth in the Village Personnel Handbook” as adopted. Such policies and
      procedures as set forth in the Village Personnel Handbook, not repugnant to municipal
      ordinance or state and federal law, shall have the same validity and effect as municipal
      ordinance. The Village Administrator is authorized to make changes in said personnel
      handbook upon approval of Council by motion to amend the same.

      (B) Each employee shall be provided with a copy of the Village Personnel
      Handbook, and by delivery thereof, shall be deemed to have notice of the
      policies and procedures outlined therein.
(Adopting Ord. 2003-23, passed 6-23-03)(Ord. 92-20, passed 9-28-92 ) (Ord. 81-25, passed
12-14-81)


~ 34.02 Definitions

      (A) “Full-Time” employment is the scheduling of work periods that, on a calendar
      year basis, would result in the employment of a worker for a minimum of 40
      hours, not including overtime.

      (B) “Part-Time” employment is the scheduling of work periods that, on a calendar
      basis, would result in the employment of a worker for less than 40 hours, not
      including overtime. Part-time employees
      are not eligible for any benefits under this chapter other than P.E.R.S.
(Adopting Ord. 93-16, passed 12-13-93)


                                Compensation and Benefits

~ 34.10 Authority of Council

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.11 Pay Periods

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.

~ 34.12 Establishment of Positions
Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.

~ 34.13 Holidays and Holiday Pay
Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.
                                              28
                            Village of Swanton, Ohio 2010
~ 34.14 Group Insurance

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.15 Mileage

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.16 Overtime

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.17 Fringe Hours

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.18 Work Uniforms

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.19 Sick Leave; Bereavement Leave

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.

~34.20 Personal Leave

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.

~34.21 Conversion of Sick Leave and Personal Leave
Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.22 Disability Leave

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.
                                         29
                             Village of Swanton, Ohio 2010
~ 34.23 Maternity Leave

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.24 Vacations

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~34.25 Compensation of Police Officers for Court Time

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~34.26 Severance Pay

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~34.27 State Licenses - Allowable Expenditures

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.

~ 34.28 Service Club Dues

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.


~ 34.29 Commercial Drivers’ Alcohol and Drug Policy

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.

~ 34.30 Job Description Manual for Village Employees

Repealed Ordinance 2003-23, June 23, 2003. Refer to Employee Handbook approved by
Council on June 23, 2003.




                                          30
                         Village of Swanton, Ohio 2010
                           Chapter 35: Income Tax
Section
      35.01   Purpose
      35.02   Definitions
      35.03   Imposition of Tax
      35.04   Effective Period
      35.05   Return and Payment of Tax
      35.06   Collection at Source
      35.07   Declarations
      35.08   Administrative Responsibilities
      35.09   Investigative Powers; Divulging Confidential Information
      35.10   Interest and Penalties
      35.11   Collection of Unpaid Taxes and Refunds of Overpayments
      35.12   Board of Review
      35.13   Allocation of Funds
      35.14   Relief and Reciprocity Provisions
      35.15   Violations

     35.99    Penalty




                                      31
                                 Village of Swanton, Ohio 2010
~ 35.01 Purpose

To provide funds for the purpose of debt retirement, general municipal operations,
maintenance, new equipment, extension and enlargement of municipal services and facilities,
including recreation and capital improvements of the village there shall be, and is hereby,
levied a tax on salaries, wages, commissions, lottery and raffle winnings in excess of $600.00,
and other compensation, and on net profits as hereinafter provided. (Ord. 2004-20, passed 7-
19-04) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-24-69)


~ 35.02 Definitions

For the purposes of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.

       Association. A partnership, limited partnership, or any other form of unincorporated
       enterprise, owned by two or more persons.

       Assignment. The assignment made by the resident of the village of claim for refund
       due from another taxing municipality granting credit to nonresidents.

       Board of Review. The Board created by and constituted as provided in ~35.12.

       Business. An enterprise, activity, profession, or undertaking of any nature
       conducted for profit or ordinarily conducted for profit, whether by an individual,
       partnership, association, corporation or any other entity.

       Corporation. A corporation or joint stock association organized under the laws
       of the United States, the State of Ohio, or any other state, territory, or foreign
       country or dependency.

       Employee. One who works for wages, salary, commission or other type of
       compensation in the service of an employer.

       Employer. An individual, partnership, association, corporation, governmental
       body, unit or agency, or any other entity, whether or not organized for profit, who
       or that employs one or more persons on a salary, wage, commission, or other
       compensation basis.

       Fiscal Year. An accounting period of 12 months or less ending on any day other
       than December 31.

       Gross Receipts. The total income from any source whatsoever.

       Lottery and raffle winnings. The gross receipts of lottery and raffle winnings in
       excess of $600.00 are taxable income. In addition to cash winnings, you must




                                                32
                         Village of Swanton, Ohio 2010
include as taxable income the fair market value of bonds, cars, houses, and other non-
cash prizes. Lottery winnings payable in installments must include the gross receipts of
annual payments and any amounts received designated as interest on unpaid
installments. Lottery payments received as a lump sum must report the amount
received from the sale as taxable income in the year it is received.

Net Profits. The net gain from the operation of a business, profession, or
enterprise after provision for all ordinary and necessary expenses either paid or
accrued in accordance with the accounting system used by the taxpayer for
federal income tax purposes.

Nonresident. An individual domiciled outside the village.

Nonresident Unincorporated Business Entity. An unincorporated business
entity not having an office or place of business within the village.

Person. Every natural person, partnership, fiduciary, association or corporation.
Whenever used in any clause prescribing and imposing a penalty, the term
“Person” as applied to any unincorporated entity, shall mean the partners or
members thereof, and as applied to corporations, the officers thereof.

Place of Business. Any bona fide office (other than a mere statutory office),
factory, warehouse or other space which is occupied and used by the taxpayer in
carrying on any business activity individually or through on or more of his regular
employees regularly in attendance.

Reciprocity Credit. The credit granted by a municipality to its residents, when said
resident pays municipal income tax on the same income to another municipality.

Resident. An individual domiciled in the village.

Resident Unincorporated Business Entity. An unincorporated business entity
having an office or place of business within the village.

Tax Administrator. The individual designated by this chapter to administer and
enforce the provisions of this chapter.

Taxable Income. Wages, salaries, commissions, lottery and raffle winnings in
excess of $600.00 earned by residents and non-residents of the Village of
Swanton, and other compensation paid by an employer or employers before any
deductions and/or the net profits from the operation of a business, profession or
other enterprise or activity adjusted in accordance with the provisions of this
chapter. The total compensation paid to an individual in cash or in kind on an
hourly, daily, weekly, monthly, annual, or other basis, including but not limited to
the following: severance or termination pay, wage continuation payments made
as a result of early retirement or employee termination; wage continuation
payments made as a result of sickness or temporary disability and whether paid
by the recipient’s employer or by a third party; vacation or holiday pay; tips,
gratuities, lottery or raffle winnings received; group term insurance premiums
                                         33
                                 Village of Swanton, Ohio 2010
      paid on the employees behalf; employee contributions to tax sheltered annuities,
      non-qualified pension plans, or into employer or third party trusts or pension
      plans permitted by IRS and which may be excludable from wages for federal tax
      purposes; employee contributions to Cafeteria Plans or similar plans and which
      may be excludable from wages for federal tax purposes; ordinary income portion
      of stock options or employee stock purchase plans, supplemental unemployment
      benefits (SUB pay), employer or employee contributions or amount credited to
      non-qualified pension plans or deferred compensation plans at the time of
      deferral; bonuses; ordinary income portion of lump sum distributions which
      become subject to federal tax because the recipient did not roll over the
      distribution within time required by IRS.

      Taxable Year. The calendar year, or the fiscal year upon the basis of which the
      net profits are to be computed under this chapter and, in the case of a return for
      a fractional part of a year, the period for which such return is required to be
      made.

      Taxing Municipality. Any municipal corporation levying a municipal tax on
      salaries, wages, commissions and other compensation earned by individuals,
      and on the net profits earned from the operation of a business, profession or
      other activity.

       Taxpayer. A person, whether an individual, partnership, association, or any
       corporation or other entity, required hereunder to file a return or pay a tax.
(Ord. 2010-25, passed 9-27-10) (Ord. 2004-20, passed 7-19-04) (Ord. 2000-23, passed 6-26-
00)(Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-24-69; Am. Ord. 75-9, passed
7-14-75)

~ 35.03 Imposition of Tax

      (A) An annual tax for the purposes specified in ~35.01 shall be imposed on and
      after January 1, 1990 at the rate of 1 ¼ % per annum upon the following:

            (1) All salaries, wages, commissions, lottery and raffle winnings in
            excess of $600.00 and other compensation earned by residents of the
            Village of Swanton.

            (2) All salaries, wages, commissions, lottery and raffle winnings in
            excess of $600.00 and other compensation earned by non-residents for
            work done, for lottery and raffle winnings won, for services performed or
            rendered in the Village of Swanton.

            (3) The portion attributable to the village of the net profits earned during
            the effective period of this chapter of a resident, partner or owner of a
            resident unincorporated business entity not attributable to the village and
            not levied against such unincorporated business entity; provided, however, that
            the liability of an individual partner or owner taxable hereunder on income
            attributable to another taxing municipality shall be subject to the relief and
            reciprocity provisions of ~35.14.

                                              34
                          Village of Swanton, Ohio 2010
      (4a) The portion attributable to the village of the net profits earned during
      the effective period of this chapter of all nonresident unincorporated
      businesses, professions or other entities, derived from sales made, work
      done or services performed or rendered and business or other activities
      conducted in the village, whether or not such unincorporated business
      entity has an office or place of business in the village.

      (4b) The portion of the distributive share of the net profits earned during
      the effective period of this chapter of a resident, partner or owner of a
      nonresident unincorporated business entity not attributable to the village
      and not levied against such unincorporated business entity; provided,
      however, that the liability of an individual partner or owner taxable
      hereunder on income attributable to another taxing municipality shall be
      subject to the relief and reciprocity provisions of ~35.14.

      (5) The portion attributable to the village of the net profits earned during
      the effective period of this chapter of all corporations derived from sales
      made, work done, services performed or rendered and business or other
      activities conducted in the village, whether or not such corporations have
      an office or place of business in the village.

(B) The portion of the net profits attributable to the village of a taxpayer
conducting a business, profession or other activity both within and without the
boundaries of the village shall be determined as provided in R.C. ~718.02 and in
accordance with the rules and regulations adapted by the Tax Administrator
pursuant to this chapter.

(C) Operating Loss Carry Forward.

      (1) The portion of a net operating loss sustained in any taxable year
      subsequent to the effective date of this chapter allocable to the village may be
      applied against the portion of the profit of succeeding years allocable to the
      village, until exhausted, but in no event for more than five taxable years. No
      portion of a net operating loss shall be carried back against net profits of any
      prior year.

      (2) The portion of a net operating loss sustained shall be allocated to the
      village in the same manner as provided herein for allocating net profits to
      the village.

      (3) The Tax Administrator shall provide rules and regulations determining the
      manner in which such net operating loss carry forward shall be
      determined.

(D) Consolidated Returns

      (1) Filing of consolidated returns may be permitted or required in
      accordance with rules and regulations prescribed by the Tax Administrator.
      (2) In the case of a corporation that carried on transactions with its

                                        35
                                 Village of Swanton, Ohio 2010
             stockholders or with other corporations related by stock ownership,
             interlocking directorates, or some other method, or in case any person
             operates a division, branch, factory, office, laboratory or activity within the
             village constituting a portion only of its total business, the Tax
             Administrator shall require such additional information as he may deem
             necessary to ascertain whether net profits are properly allocated to the
             village. If the Tax Administrator finds net profits are not properly allocated
             to the village by reason of transactions with stockholders or with other
             corporations related by stock ownership, interlocking directorates, or
             transactions with such division, branch, factory, office, laboratory or activity or by
             some other method, he shall make such allocation as he
             deems appropriate to produce a fair and proper allocation of net profits to the
             village.

      (E) Exception

             (1) The tax provided for herein shall not be levied upon the military pay or
             allowances of members of the armed forces of the United States, or upon the net
             profits of any civic, charitable, religious, fraternal or other
             organization specified in R.C. ~718.01 to the extent that such net profits are
             exempted from municipal income taxes under said section.
(Ord. 2010-25, passed 9-27-10) (Ord. 2004-20, passed 7-19-04) (Adopting Ord. 92-20, passed
9-28-92) (Ord. 636, passed 11-24-69; Am. Ord. 75-9, passed 7-14-75; Am. Ord. 89-18,
passed 5-8-89)


~ 35.04 Effective Period

      (A) Said tax shall be levied, collected and paid with respect to the salaries,
      wages, commissions and other compensation, and with respect to the net profits
      of businesses, professions or other activities earned from January 1, 1999.

      (B) This chapter shall continue until terminated by law insofar as the levy of taxes
      is concerned and insofar as the collection of taxes levied hereunder and actions
      or proceedings for collecting any tax so levied or enforcing any provisions of this
      chapter are concerned, it shall continue effective until all of said taxes levied in
      the aforesaid period are fully paid and any and all suits and prosecutions for the
      collection of said taxes or for the punishment of violations of this chapter shall
      have been fully terminated, subject to the limitations contained in ~35.11 and
      ~35.15.

      (C) Annual returns due for all or any part of the last effective year of this chapter
      shall be due on the date provided in ~35.05 and ~35.06. (Ord. 2010-25, passed 9-27-
      10) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-24-69)
~ 35.05 Return and Payment of Tax

      (A) Each taxpayer, except as herein provided, shall whether or not a tax be due
      thereon, make and file a return on or before April 15 of the year following the
      effective date of this chapter, and on or before April 15 of each year thereafter.

                                                36
                           Village of Swanton, Ohio 2010
When the return is made for a fiscal year or other period different from the
calendar year, the return shall be filed within four months from the end of such
fiscal year or period. The Tax Administrator is hereby authorized to provide by
regulation that the return of an employer or employers, showing the amount of tax
deducted by said employer or employers from the salaries, wages, commission or other
compensation of an employee, and paid by him or them to the Tax Administrator shall
be accepted as the return required of an employee whose sole income, subject to tax
under this chapter, is such salary, wages, commissions, or other compensation.

(B) The return shall be filed with the Tax Administrator on a form or forms
furnished by or obtainable upon request from such Tax Administrator setting
forth:

       (1a) The aggregate amount of salaries, wages, commissions and other
            compensation earned;
       (1b) The gross income from a business, profession or other activity less
            allowable expenses incurred in the acquisition of such gross income; (1c)
       Such income shall include only income earned during the year, or
            portion thereof, covered by the return and subject to the tax imposed
            by this chapter.

       (2a) The amount of tax imposed by this chapter or income reported;
       (2b) Any credits to which the taxpayer may be entitled under the
            provisions of ~35.06, 35.07, and 35.14; and

       (3)    Such other pertinent statements, information returns, or other
              information as the Tax Administrator may require.

(C) The Tax Administrator may extend the time for filing of the annual return upon the
request of the taxpayer for a period of not to exceed six months, or one month beyond
any extension requested of or granted by the Internal Revenue Service for the filing of
the Federal Income Tax Return. The Tax Administrator may require a tentative return,
accompanied by payment of the amount of tax shown to be due thereon by the date the
return is normally due. No penalty or

interest shall be assessed in those cases in which the return is filed and the final tax
paid within the period as extended.

(D) The taxpayer making a return shall, at the time of filing thereof, pay to the Tax
Administrator the balance of tax due, if any, after deducting:

       (1a)    The amount of village income tax deducted or withheld at the source
               pursuant to ~35.06;
       (1b)    Such portion of the tax as had been paid on declaration by the taxpayer
               pursuant to ~35.07;
       (1c)    Any credit allowable under the provisions of ~35.14.

(2) Should the return, or the records of the Tax Administrator, indicate an overpayment
of the tax to which the village is entitled under the provisions of this chapter, such

                                         37
                                   Village of Swanton, Ohio 2010
       overpayment shall first be applied against any existing liability and the balance, if any.
       If no liability or balance exists, at the election of the taxpayer communicated to the Tax
       Administrator, any overpayment shall be refunded or transferred against any
       subsequent future liability. Provided, however, the overpayment of less than $1 shall
       not be refunded.

       (3) Where necessary an amended return must be filed in order to report additional
       income and pay any additional tax due, or claim a refund of tax overpaid, subject to the
       requirements and/or limitations contained in ~35.11 and 35.14. Such amended returns
       shall be on a form obtainable on request from the Tax Administrator. A taxpayer may
       not change the method of accounting or apportionment of net profits after the due date
       for filing the original return.

       (4) Within three months from the final determination of any federal tax liability affecting
       the taxpayer’s village tax liability, such taxpayer shall make and file an amended village
       return showing income subject to the village tax based upon
       such final determination of federal tax liability, and pay any additional tax shown due
       thereon or make claim for refund of any overpayment.
(Ord. 2010-25, passed 9-27-10) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-
24-69; Am. Ord. 75-9, passed 7-14-75)


~ 35.06 Collection at Source

       (A) Each employer within or doing business within the village who employs one or more
       persons on a salary, wage, commission or other compensation basis shall, at the time
       of payment thereof, deduct the tax of 1 ¼ % from the gross salaries, wages,
       commissions or other compensation earned by village residents regardless of where
       such compensation was earned and shall deduct the tax of 1 ¼ % from the salaries,
       wages, commissions or other compensation earned within the village by nonresidents;

       (B) Notwithstanding the provisions of division (A) above where such employer employs
       a village resident in another taxing municipality requiring such employer

       to deduct its tax from all employees engaged therein, such employer shall withhold for
       and remit to the village only the difference, if any, between the tax imposed by such
       other taxing municipality and the tax imposed by this chapter;

       (C) Each such employer shall, on or before the last day of the month following each
       calendar quarter, make a return and remit to the village the tax hereby required to be
       withheld. Such return shall be on a form or forms prescribed by or acceptable to the
       Tax Administrator and shall be subject to the rules and regulations proscribed therefore
       by the Tax Administrator. Such employer shall be liable for the payment of the tax
       required to be deducted and withheld whether or not such taxes have in fact been
       withheld.

       (D) On or before January 31 following any calendar year such employer shall file with
       the Tax Administrator an information return for each employee from whom village
       income tax has been, or should have been withheld, showing the name, address and

                                                38
                              Village of Swanton, Ohio 2010
      Social Security Number of the employee, the total amount of compensation paid during
      the year and the amount of village income tax withheld from such employee.

       (E) Such employer in collecting said tax shall be deemed to hold the same, until
       payment is made by such employer to the village, as a trustee for the benefit of the
       village and any such tax collected by such employer from his employees shall, until the
       same is paid to the village, be deemed a trust fund in the hands of such employer.
(Ord. 2010-25, passed 9-27-10) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-
24-69; Am Ord. 75-9, passed 7-14-75)


~35.07 Declarations

      (A) Every person who anticipates any taxable income which is not subject to ~35.06 or
      who engages in any business, profession, enterprise, or activity subject to the tax
      imposed by ~35.03 may file a declaration setting forth such estimated income or the
      estimated profit or loss from such business activity together with the estimated tax due
      thereon.

      (B) Such declaration may be filed on or before April 15 of each year during the life of
      this chapter, or within four months of the date the taxpayer becomes subject to tax for
      the first time.

      (C) Those taxpayers reporting on a fiscal year basis may file a declaration within four
      months after the beginning of each fiscal year or period.

      (D) Such declaration, if elected to be filed by the taxpayer, shall be filed upon a form
      furnished by, or obtainable from the Tax Administrator. Credit shall be taken for Village
      income tax to be withheld, if any, from any portion of such income. In addition, credit
      may be taken for tax payable to other taxing municipalities in accordance with the
      provisions of ~35.14.

      (E) The original declaration (or any subsequent amended declaration thereof) may be
      increased or decreased on or before any subsequent quarterly date as provided for
      herein.

      (F) The taxpayer making the declaration may, at the time of the filing thereof, pay to the
      Tax Administrator at least one-fourth (1/4) of the estimated annual tax due after
      deducting: any portion of such tax to be deducted or withheld at the source pursuant
      to~35.06; any credits allowable under the provisions; of ~35.14; and any overpayment
      of previous year’s tax liability which taxpayer has not elected to have refunded.

      (G) A taxpayer after filing a declaration and paying the tax required under 35.07(F),
      shall pay at least a similar amount shall be paid on or before the last day of the sixth,
      ninth, and twelfth month after the beginning of taxpayer taxable year, provided that in
      cases where an amended declaration has been duly filed, or the taxpayer is taxable for
      a portion of the year only, the unpaid balance shall be paid in equal installments on or
      before the remaining payment dates.


                                              39
                                Village of Swanton, Ohio 2010
      (H) On or before the last day of the fourth month of the year following that for which
      such declaration or amended declaration was filed, an annual return shall be filed and
      any balance which may be due the Village shall be paid therewith in accordance with
      the provisions of ~35.05.
(Ord. 2010-25, passed 9-27-10) (Ord. 2003-4, passed 2-24-03) (Adopting Ord. 92-20, passed
9-28-92) (Ord. 636, passed 11-24-69; Am. Ord. 75-9, passed 7-14-75)


~35.08 Administrative Responsibilities

      (A) It shall be the duty of the Tax Administrator to receive the tax imposed by this
      chapter in the manner prescribed herein from the taxpayer; to keep an accurate record
      thereof; and to report all moneys so received.

      (B) It shall be the duty of the Tax Administrator to enforce payment of all taxes owed
      the village, to keep accurate records for a minimum of five years showing the amount
      due from each taxpayer required to file a declaration and/or make any return, including
      taxes withheld, and to show the amount due from each taxpayer required to file a
      declaration and/or make any return, including taxes withheld, and to show the dates
      and amounts of payments thereof.

      (C) The Tax Administrator is hereby charged with the enforcement of the provisions of
      this chapter, and is hereby empowered, subject to the approval of the Board of Review,
      to adopt and promulgate and to enforce rules and regulations relating to any matter or
      thing pertaining to the collection of taxes and the administration and enforcement of the
      provisions of this chapter, including provisions for the reexamination and correction of
      returns.

      (D) In any case where a taxpayer has failed to file a return or has filed a return which
      does not show the proper amount of tax due, the Tax Administrator may determine the
      amount of tax appearing to be due the village from the taxpayer and shall send to such
      taxpayer a written statement showing the amount of tax so determined, together with
      interest and penalties thereon, if any.

      (E) Subject to the consent of the Board of Review or pursuant to regulation approved by
      said Board, the Tax Administrator shall have the power to compromise any interest or
      penalty, or both, imposed by ~35.10.

       (F) The Tax Administrator shall be appointed by the Mayor, subject to the approval of
       the Council. He may be removed at any time with or without cause by a two-thirds vote
       of Council. He shall give bond in such sum and shall receive such compensation as
       may be determined from time to time by Council. Subject to the approval of Council, he
       shall have authority to employ such assistants, clerks, investigators, and other help on a
       full or part-time basis as he may determine is necessary for proper performance of his
       duties under the ordinance. Such assistants, clerks, investigators and other help shall
       receive such compensation as may be determined from time to time by Council.
(Ord. 2010-25, passed 9-27-10) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-
24-69; Am. Ord. 75-9, passed 7-14-75)


                                               40
                                Village of Swanton, Ohio 2010
~ 35.09 Investigative Powers; Divulging Confidential Information

      (A) The Tax Administrator or any authorized employee, is hereby authorized to examine
      the books, papers, records and federal income tax returns of any employer or of any
      taxpayer or person subject to, or whom the Tax Administrator believes is subject to the
      provisions of this chapter, for the purpose of verifying the accuracy of any return made,
      or, if no return was made, to ascertain the tax due under this chapter. Every such
      employer, supposed employer, taxpayer or supposed taxpayer is hereby directed and
      required to furnish upon written request by the Tax Administrator, or his duly authorized
      agent or employee, the means, facilities, and opportunity for making such examinations
      and investigations as are hereby authorized.

      (B) The Tax Administrator is hereby authorized to order any person presumed to have
      knowledge of the facts to appear before him and may examine such person, under
      oath, concerning any income which was or should have been returned for taxation or
      any transaction tending to affect such income, and for this purpose may compel the
      production of books, papers records and federal income tax returns and the attendance
      of all persons before him, whether as parties or witnesses, whenever he believes such
      persons have knowledge of such income or information pertinent to such inquiry.

      (C) The refusal to produce books, papers, records and federal income tax returns, or
      the refusal to submit to such examination by any employer or person subject or
      presumed to be subject to the tax or by any officer, agent or employee of a person
      subject to the tax or required to withhold tax or the failure of any person to comply with
      the provisions of this section or with an order or subpoena


      of the Tax Administrator authorized hereby shall be deemed a violation of this chapter
      punishable as provided in ~35.99.

      (D) Any information gained as the result of any returns, investigations, hearings, or
      verifications required or authorized by this chapter shall be confidential, except for
      official purposes, or except in accordance with proper judicial order. Any person
      divulging such information in violation of this chapter, shall, upon conviction thereof, be
      deemed guilty of a misdemeanor and shall be subject to a fine or penalty as set forth in
      ~35.99. Each disclosure shall constitute a separate offense. In addition to the penalty
      provided in ~35.99 any employee of the village who violates the provisions of this
      section relative to the disclosure of confidential information shall be guilty of an offense
      punishable by immediate dismissal.

      (E) Every taxpayer shall retain all records necessary to compute his tax liability for a
      period of five years from the date his return is filed, or the withholding taxes are paid.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-24-69; Am. Ord. 75-9, passed 7-
14-75) Penalty, see ~35.99




                                               41
                                Village of Swanton, Ohio 2010
~ 35.10 Interest and Penalties
      (A) All taxes imposed and all moneys withheld or required to be withheld by employers
      under the provisions of this chapter and remaining unpaid after they become due shall
      bear interest at the rate of ¾ % per month or fraction thereof.

      (B) In addition to interest as provided in division (A) above, penalties based on the
      unpaid tax are hereby imposed as follows:

             (1) For failure to pay taxes due, other than taxes withheld; ¾% per month or
             fraction thereof.

             (2) For failure to remit taxes withheld from employees; 3% per month or fraction
             thereof.

      (C) A penalty shall not be assessed on an additional tax assessment made by the Tax
      Administrator when a return has been filed in good faith and the tax paid thereon within
      the time prescribed by the Tax Administrator, and provided further, that, in the absence
      of fraud, neither penalty nor interest shall be assessed on any additional tax
      assessment resulting from a federal audit, providing an amended return is filed and the
      additional tax is paid within three months after final determination of the federal tax
      liability.

      (D) Upon recommendation of the Tax Administrator, the Board of Review may abate
      penalty or interest, or both, or upon an appeal from the refusal of the Tax


      Administrator to recommend abatement of penalty and interest, the Board may
      nevertheless abate penalty or interest, or both.

      (E) A late filing fee of $5 for the first overdue month and $10 for each additional
      overdue month, or part thereof, shall be assessed against any taxpayer whose tax
      return is not timely filed pursuant to the terms of ~35.05. (Adopting Ord. 92-20, passed
      9-28-92) (Ord. 636, passed 11-24-69; Am. Ord. 75-9, passed 7-14-75; Am. Ord. 80-12,
      passed 7-14-80)


~ 35.11 Collection of Unpaid Taxes and Refunds of Overpayments

      (A) All taxes imposed by this chapter shall be collectible, together with any interest and
      penalties thereon, by suit, as other debts of like amount are recoverable. Except in the
      case of fraud, omission of a substantial portion of income subject to this tax, or failure
      to file a return, an additional assessment shall not be made after three years from the
      time the return was due or filed which is later, provided, however, in those cases in
      which the Commissioner of the U.S. Internal Revenue Service and taxpayer have
      executed a waiver of the federal statute of limitation, the period within which an
      additional assessment may be made by the Tax Administrator shall be one year from
      the time of the final determination of the federal tax liability.

      (B) Taxes erroneously paid shall not be refunded unless a claim for refund is made

                                              42
                                 Village of Swanton, Ohio 2010
       within three years from the date which such payment was made or the return was due,
       or within three months after final determination of the federal tax liability, whichever is
       later.

       (C) Amounts of less than $5 shall not be collected or refunded.
(Ord. 2010-25, passed 9-27-10) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-
24-69; Am. Ord. 75-9, passed 7-14-75; Am. Ord. 90-17, passed 7-30-90)


~ 35.12 Board of Review

       (A) A Board of Review, consisting of the Village Solicitor, as chairperson, and two other
       individuals to be appointed by the Mayor, is hereby created. A majority of the members
       of the Board shall constitute a quorum. The Board shall adopt its own procedural rules
       and shall keep a record of its transactions. Any hearing by the Board may be
       conducted privately and the provisions of ~35.09 with reference to the confidential
       character of information required to be disclosed by this chapter shall apply to such
       matters as may be heard before the Board on appeal.

       (B) All rules and regulations and amendments or changes thereto, which are adopted
       by the Tax Administrator under the authority conferred by this chapter, must be
       approved by the Board of Review before the same becomes effective. The Board shall
       hear and pass on appeals from any ruling or decision of the Tax Administrator, and at
       the request of the taxpayer or Tax Administrator, is empowered to substitute alternate
       methods of allocation.

       (C) Any person dissatisfied with any ruling or decision of the Tax Administrator which is
       made under the authority conferred by this chapter may appeal this decision to the
       Board of Review within 30 days from the announcement of such ruling or decision by
       the Tax Administrator, and the Board shall, on hearing, have
       jurisdiction to affirm, reverse or modify any such ruling or decision, or any part thereof.
(Ord. 2010-25, passed 9-27-10) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-
24-69; Am. Ord. 75-9, passed 7-14-75)


~ 35.13 Allocation of Funds

The funds collected under the provisions of this chapter shall be deposited into the
Expendable Income Tax Trust Fund, and thereafter applied for the following purposes and in
the following order:

       (A) Such part thereof as shall be necessary to defray all costs of collecting the taxes
       levied by this chapter and the cost of administering and enforcing the provisions
       thereof.

       (B) A sum equal to 100% of the balance of funds collected each year under the
       provisions of this chapter remaining after payment of costs referred to in paragraph (A)
       hereto, to the General Fund for general operating expenses.


                                                43
                               Village of Swanton, Ohio 2010
(Adopting Ord. 2004-34, passed 10-11-04) (Ord. 97-32, passed 11-10-97) (Ord. 92-20, passed
9-28-92) (Ord. 636, passed 11-24-69)


~ 35.14 Relief and Reciprocity Provisions

It is the intent of this section that a taxpayer, subject to tax in more than one municipality on
the same income, who has complied with the provisions hereof shall receive partial credit for
such tax paid to such other municipality; notwithstanding any other provisions of ~35.01 to
~35.99 of this chapter.

       (A) Residents of Swanton

              (1) When a resident of the Village is subject to, has paid, or has acknowledged
              liability for, a municipal income tax in another municipality on the same income in
              another municipality taxable under this chapter, such Swanton resident may
              claim a credit in the amount of 50% of the wages taxed by such other
              municipality, but not in excess of 50% of the tax assessed by this chapter.

              (2) If the tax due such other municipality has been paid to, or withheld in such
              other municipality, a resident of Swanton may claim credit for and assign to the
              Village of Swanton any claim for refund to which he may be entitled from such
              other municipality. In the event an amount is not received by the Village of
              Swanton equal to such credit claimed by reason of tax payments made to, or
              withheld in, such other municipality, then the taxpayer shall be liable to the
              Village of Swanton for an amount by which the claimed credit exceeds the
              amount recovered on such assignment by the Village of Swanton, together with
              penalty and interest. If satisfactory evidence is offered, however, that the
              taxpayer is entitled to the claim
              covered by the assignment, such taxpayer shall not be deprived of credit
              therefore because of fault or neglect on the part of either municipality.

              (3) Assignment of any claim for refund to which a Swanton resident may be
              entitled from another municipality, shall be tentatively accepted as payment of
              the portion of Swanton income tax represented by such assignment; provided,
              however, should an overpayment result from the credit allowed by reason of
              such assignment, no refund thereof shall be made until such assignment has
              been accepted for payment by such other municipality.

       (B) Resident Credits

       The credits provided for in division (A) above will not be allowed unless the same are
       claimed in a timely return or form acceptable to, and filed with the Tax Administrator. In
       the event a taxpayer fails, neglects or refuses to file such timely return or form he shall
       not be entitled to such credit and shall be liable for the full amount of tax assessed by
       this chapter, together with such interest and penalties, both civil and criminal, as are
       prescribed in the ordinance.



                                                44
                               Village of Swanton, Ohio 2010
(Ord. 2010-25, passed 9-27-10) (Adopting Ord. 2000-23, passed 6-26-00)(Ord. 92-20, passed
9-28-92) (Ord. 636, passed 11-24-69; Am. Ord. 75-9, passed 7-14-75; Am. Ord. 79-4, passed
2-26-79; Am. Ord. 80-13, passed 7-14-80)


~35.15 Violations

      (A) No person shall:

             (1) Fail, neglect or refuse to make any return or declaration required by this
             chapter.

             (2) Make any incomplete, false or fraudulent return; or

             (3) Fail, neglect or refuse to pay the tax, penalties or interest imposed by this
             chapter; or

             (4) Fail, neglect or refuse to withhold the tax from his employees or remit such
             withholding to the Tax Administrator; or

             (5) Refuse to permit the Tax Administrator or any duly authorized agent or
             employee to examine his books, records, papers, and federal income tax returns
             relating to the income or net profits of a taxpayer; or

             (6) Fail to appear before the Tax Administrator and to produce his books,
             records, papers or federal income tax returns relating to the income or net profits
             of a taxpayer upon order or subpoena of the Tax Administrator; or

             (7) Refuse to disclose to the Tax Administrator any information with respect to
             the income or net profits of a taxpayer; or
             (8) Fail to comply with the provisions of this chapter or any order or subpoena of
             the Tax Administrator authorized hereby; or

             (9) Give to an employer false information as to his true name, correct social
             security number and residence address, or fail to promptly notify an employer of
             any change in residence address and date thereof; or

             (10) Fail to use ordinary diligence in maintaining proper records of employees;
             residence addresses, total wages paid and village tax withheld, or to knowingly
             give the Tax Administrator false information; or

             (11) Attempt to do anything whatever to avoid the payment of the whole or any
             part of the tax, penalties or interest imposed by this chapter.

      (B) All prosecutions under this section must be commenced within five years from the
      time of the offense complained of except in the case of failure to file a return or in case
      of filing a false or fraudulent return, in which event the limitation of time within which
      prosecution must be commenced shall be ten years from the date the return was due or
      the date the false or fraudulent return was filed.

                                               45
                                 Village of Swanton, Ohio 2010
      (C) The failure of any employer or person to receive or procure a return, declaration or
      other required form shall not excuse him from making any information return, return or
      declaration, from filing such form, or from paying the tax.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-24-69; Am. Ord. 75-9, passed 7-
14-75) Penalty, see ~35.99


~ 35.99 Penalty

Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first
degree and shall be fined not more than $1,000 or imprisoned not more than six months or
both for each offense. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 636, passed 11-24-69)




                                              46
                                 Village of Swanton, Ohio 2010
                                  Chapter 36: Village Policy

Section

      36.01         Penalty for returned checks
      36.02         Smoking
      36.03         Investment Policy
      36.04         Disaster Recovery Policy
      36.05         Payment of Utility Bills

~ 36.01 Penalty for Returned Checks

      (A) A penalty is hereby established, for checks tendered to the village, and thereafter
      returned and charged against the village by the payor bank in the amount of $25 per
      check.

      (B) Notice of the penalty shall be conspicuously posted at the offices of the village.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-34, passed 12-21-87)


~ 36.02 Smoking

Smoking is prohibited within all locations of the Municipal Building. (Adopting Ord. 94-8,
passed 2-14-94)


~ 36.03 Investment Policy

      (A) All investments shall be made by way of depositories or investment agencies
      approved by prior ordinance or resolution to receive Village of Swanton deposits.

      (B) No investment shall be made wherein the funds invested will be unavailable for a
      period of time in excess of one year.

      (C) All investments shall be limited to those investments authorized for municipal
      corporations by Chapter 135, and Chapter 731 Ohio Revised Code.

      (D) The Village Clerk-Treasurer shall monitor the investment balances to assure that
      adequate funds are available for withdrawal to meet the ongoing financial needs of the
      Village.

      (E) All funds shall be invested to obtain a maximum rate of interest which is available
      while considering risk and all other criteria of the investment policy herein set forth.

      (F) The Village Clerk-Treasurer may transfer funds from one depository to another to
      secure a higher rate of interest and return.




                                               47
                                Village of Swanton, Ohio 2010
      (G) The Village Clerk-Treasurer shall maintain an investment record and shall list all
      investments made during the fiscal year, the return generated on each investment, and
      the location of the depository where the investment has been made.

      (H) Village Council, and any sub-committee thereto, and the Mayor, shall have the right
      at any time to request production and inspection of the investment record or to inquire
      as to the investment activities of the Clerk-Treasurer and Finance Director.

      (I) That local depositories may be approved by separate resolution with written
      agreement with the Village.
(Adopting Ord. 00-08, passed 4-10-00) (Ord. 96-31, passed 12-9-96)


~ 36.04 Disaster Recovery Policy

      (A) That the following file applications shall be subject to Disaster Recovery Policy for
      restoration in the event of an emergency

      (B) That the Village shall enter into an agreement for an alternate processing facility
      within a minimum of one (1) entity with close proximity to the Village of Swanton.

      (C) That the file application identified in paragraph (A) above shall be subject to the
      “backup” procedure a minimum of once every calendar month.

      (D) That a copy of the Disaster Recovery Plan and “backup” tapes shall be stored at the
      offices of the Swanton Local School District, 108 N. Main Street, Swanton, Ohio 43558.

      (E) That “backup” tapes shall include all documentation relating to essential systems for
      storage at the off-site location.

      (F) That the Director of Finance shall oversee compliance with this policy.
(Adopting Ord. 96-31, passed 12-9-96)


~ 36.05 Payment of Utility Bills

The Finance Director is hereby authorized and empowered to pay Village utility bills as
received and does not require prior approval of Village Council. (Adopting Ord. 97-3, passed
3-10-97)




                                               48
                                 Village of Swanton, Ohio 2010
               Chapter 37: Rural Enterprise Zone and Providing Tax Exemption


Section

       37.01         Introduction
       37.02         Purpose
       37.03         Eligible Businesses
       37.04         Minimum Assistance
       37.05         Retroactively
       37.06         Requirements
       37.07         Principal Only
       37.08         Tax Incentive Review Council
       37.09         Negotiating Agreements
       37.10         School Board Notification
       37.11         Continuing Obligation
       37.12         Deadline
       37.13         Application Process
       37.14         Description of Perimeter Boundaries
       37.15         Village Corporation Map
       37.16         Village Enterprise Zone Application - Sample
       37.17         Project Completion Schedule
       37.18         Supplemental Documentation & Definition
       37.19         Operational Protocol for the Swanton Rescue Unit


~ 37.01 Introduction

In an effort to spur revitalization of the Village’s industrial base, the Village of Swanton has
designated an Enterprise Zone pursuant to State Law. An Enterprise Zone is an Area within
which special tax incentives will be offered by agreement to industry who agree to invest in
capital improvements and create and/or retain jobs. Tax incentives will be offered, provided
the guidelines are met and a substantial investment is made. Jobs must be either created or
retained.

Each agreement with a business within the Zone relating to jobs, investments, and tax
incentives must be submitted to the Village for its approval and ultimately to the Fulton County
Commissioners for their Approval.


~ 37.02 Purpose

The purpose of the Enterprise Zone is to encourage as much investment and job creation as
possible within the boundaries of the Enterprise Zone. Retaining jobs is also a priority. Each
agreement negotiated with an industry shall be designed to spur capital investment while
creating and/or retaining jobs. In return, the Village of Swanton will agree to provide ONLY the
amount of tax incentives necessary for each transaction.



                                               49
                                Village of Swanton, Ohio 2010
~ 37.03 Eligible Businesses

Only those businesses,that are, “qualified by financial responsibility and business experience
to create and preserve employee opportunities in the Zone and to improve the economic
climate of the Municipal Corporation...” (section 5709.63 (A) Ohio Revised Code), may apply
for tax incentives available. Furthermore only industry engaged in manufacturing, processing
and packaging, research and development, distribution, will be eligible to apply for tax
incentives. No housing, commercial or institutional endeavors may benefit from the Enterprise
Zone program.


~ 37.04 Minimum Assistance

In order to minimize the loss of new tax revenues, only the minimum incentive necessary to
bring about the investment will be offered. State law permits up to 100% abatement of new
real and personal property taxes for up to ten (10) years in a Municipal Corporation. Optional
services or assistance may be provided to an eligible business by the Municipality or County
for a period up to ten (10) years. Exemptions of 75% or more must have local school board
approval by resolution.


~ 37.05 Retroactively

State Guidelines apply. Eligible investments may include only property that has not been first
used in business in Ohio.


~ 37.06 Requirements

      (A) Degree of Investments Required. Only industry that agree to make substantial
      investment in either real property or personal property shall be eligible to receive the
      benefits available under the program. The amount of the investment needed to qualify
      as a substantial investment shall depend on the facts and circumstances of each
      applying industry. As a general guideline, a substantial investment in real or personal
      property shall exist when a combination of the following conditions apply. State
      guidelines govern the minimum requirements.

             1. Local Governments.
                   a. When new construction is involved, total project costs will be at least
                   $250,000, unless eight (8) or more jobs are created.

             2. State Requirement
                   a. Expand. Make expenditures to add land, buildings, machinery,
                   equipment, or other materials, except inventory, to a facility that equals at
                   least 10% of market value of the facility prior to such
                   expenditures, as determined for the purpose of local property taxation.
                   b. Renovate. Make expenditures to alter or repair a facility that equal at
                   least 50% of the market value of the facility prior to such expenditures, as
                   determined for the purpose of local property taxation.

                                              50
                                Village of Swanton, Ohio 2010

      (B) Impact on Jobs. Any business applying for the incentives available, in addition to
      the other requirements herein, must agree by agreement that their project will result in
      the creation of new full time jobs or will preserve employment opportunities for existing
      employees. In reviewing whether the job impact agreed upon by a business has been
      complied with, employment of minimum target of 70% of the number of full time jobs,
      created or retained, that has been agreed to in the agreement shall be considered
      sufficient.

      (C) Other Requirements. In addition to the guidelines set forth herein, any businesses
      applying must comply with all other applicable local, county, and State regulations
      pertaining to the Enterprise Zone program. Applicants must submit all information
      required by the Village of Swanton, Fulton County, or the State of Ohio. The above
      guidelines are subject to the provisions of the Enterprise Zone statutes being Section
      5709.61 of the Ohio Revised Code and regulations promulgated thereunder.


~ 37.07 Principal Only

Only individuals who are principally involved as an owner or manager of a business interested
in the Enterprise Zone Tax Incentives and is primarily responsible for paying all relevant taxes
may negotiate with Village of Swanton officials regarding the specific incentives available
under the terms of any investment agreement.


~ 37.08 Tax Incentive Review Council

Pursuant to State Law, a Tax Incentive Review Council will be created to annually monitor
compliance with terms of any agreement approved by the Village of Swanton and the Fulton
County Commissioners. The Tax Incentive Review Council shall be composed of the Mayor of
Swanton Village, or designee; a member of the Village Council, chosen by the President of the
Council, the County Auditor or designee; the Swanton Village Director of Finance, one
member of the Swanton Local Board of Education, chosen by members of the Board; and two
other members of the public appointed by the Mayor, with the concurrence of the Swanton
Village Council. At least four members of the Tax Incentive Review Council shall be residents
of the Village of Swanton.

The terms for appointment to the Review Tax Incentive Review Council shall be one (1) year,
from January 1 to December 31. There is no limit to the number of terms one individual may
serve.

Annually the Tax Incentive Review Council will review all outstanding agreements to determine
whether the businesses have complied with the terms of the agreement, and
make recommendations regarding the compliance to the Swanton Village Council. The
council may take any action available to an agreement to obtain compliance with the
agreement.




                                               51
                                 Village of Swanton, Ohio 2010
~ 37.09 Negotiating Agreements

Tax incentive agreements, with applicants, shall be negotiated by two persons appointed by
the Mayor with the concurrence of Village Council. The Fulton County Director of Economic
Development will assist the negotiating team. When the Village Council and the board of
Fulton County Commissioners have approved the agreement, the Enterprise Zone Manager,
as so designated, will forward copies of the agreement to the Ohio Director of Development
and to the State Tax Commission. The agreement shall be sent within fifteen (15) days after it
is consummated.


~ 37.10 School Board Notification

Within seven (7) days after an application has been filed with the Village, the Enterprise Zone
Manager will notify, in writing, the Swanton Local Board of Education. A copy of the
application will accompany the letter of notice to the Board of Education. There shall be no
formal action taken on the application, by the Village Council, prior to notice being sent to the
board of Education. If the company is requesting less than 75% tax abatement then the
Village must notify the school board with a minimum of 15 days: notice before Council action
can occur. If the company is requesting more that than 75% abatement then there must be a
30 day notice before Council action can occur.

The Village Clerk or designee, no later than twenty four (24) hours prior to scheduled action by
the Village Council on the application, shall provide written notice to the Board of Education
advising the Board when action will be considered.

Written notice, as required herein, shall be addressed to the Swanton Local Board of
Education and forwarded to the Superintendent of the Swanton Local Schools. Any
agreement where more than 75% abated is applied for, must have a school board resolution.
Any agreement under 75% should have a letter from the school board stating their approval.
During the period of application review, comments of the Swanton Local Board of Education,
the Fulton County Educational Service Center, and the Penta County Joint Vocational School
Board, shall be formally considered by Village Council.


~ 37.11 Continuing Obligation

During the term of an agreement, the business involved must continue to cooperate with the
Village by providing all necessary information requested to ensure compliance with terms of
the agreement. This means filing annual reports as required by the State of Ohio before
March 31, of each year.


~ 37.12 Deadline

Pursuant to State Law, the deadline for executing Tax Incentive Agreements shall be
December 31, 1997. Any agreements negotiated prior to that time which provide tax
incentives for a period extending beyond the deadline shall remain in full force and effect until
the date of expiration.
                                                52
                                Village of Swanton, Ohio 2010
~ 37.13 Application Process

The Fulton County Director of Economic Development has been appointed as the Swanton
Enterprise Zone Manager.

      An application for Enterprise Zone benefits shall be processed as follows:

             1. The Company must file an application on a form provided by the Manager.
             Upon submittal to the Ohio Dept. of Development a $500 application fee must be
             submitted to the Ohio Dept. of Development. All forms provided by the state,
             shall be used in the process. Those forms being the application, agreement and
             the annual reporting forms. Upon calculation of the estimated first year tax
             incentive, an application fee equal to one (1%) percent of the first year tax
             savings will be paid to the Fulton County CIC. This nonrefundable fee shall not
             be less than $50 nor more than $1000.

             2. The Manger will verify the information presented in the application and
             provide assistance necessary for completion of the project.

             3. The Manager’s analysis and the negotiating team’s recommendation
             will be forwarded to the Swanton Village Council. Council will review the
             information when considering the approval of an Enterprise Zone
             agreement.

             4. Upon passage of all required legislation, the Company will finalize its
             plans as outlined in the basic agreement.

             5. Approved projects will be reviewed annually, for compliance with the
             agreement, by the Tax Incentive Review Council. The Manager will obtain all
             necessary information needed by Council to conduct an annual review of existing
             agreements. The Manager will assist the Council during the annual review
             process.

             6. An annual processing fee equal to one-half of one percent (½ of 1%) of
             the annual tax incentive will be paid to the Fulton County CIC. This fee
             shall not be less than $50 nor more than $1000. Failure to comply with the
             terms of the Agreement may result in the loss of incentives granted.

~ 37.14 Description of Perimeter Boundaries of That Part of Village of
         Swanton Located in Fulton County

Being an area of land contained in a part of section 1, Township 7 North, Range 8 East, Fulton

Township and in parts of Section 11, 12 and 13, Township 7 North, Range 8 East, Swancreek

Township, all in Fulton County, Ohio; the boundaries of said area being more particularity

described as follows:



                                              53
                                   Village of Swanton, Ohio 2010

Commencing at a point in the intersection of the south right of way line of the Ohio Turnpike

with the east line of Section 1, Township 7 north, Range 8 East, Fulton Township, said

section line also being the line between Fulton and Lucas Counties and said point also being

the place of beginning; thence southerly along the east line of Section 1 to its intersection with

the northeast corner of Section 12, Township 7 North, Range 8 East Swancreek Township

said section corner being located at the intersection of Chestnut Street and Hallett Avenue;

thence continuing in a southerly direction along the east line of Section 12 to a point in the

centerline of right of way of State Route 2-US20A; thence southerly along the east line of

Section 12, said line also being the boundary between Fulton and Lucas Counties a distance
of 1438.85 feet to a point in the intersection of said east line of Section 12 with the centerline

of Swancreek-Lucas Ditch No. 3; thence southwesterly along said ditch a distance of 130.46

feet to a point; thence northwesterly along said ditch a distance of 93.60 feet to a point;

thence southwesterly along said ditch a distance of 347.24 feet to a point; thence

northwesterly along said ditch a distance of 206.42 feet to a point; thence northerly away from

said ditch on the east property line of a parcel of land a distance of 65.00 feet to a point in the

south line of the West Pointe Estates Subdivision; thence southwesterly along the south line of

the West Pointe Estates Subdivision a distance of 283.42 feet to a point; thence southerly a

distance of 110.33 feet to a point in the center of Swancreek-Lucas Ditch No. 3; thence

northwesterly along said ditch a distance of 56.35 feet to a point; thence southwesterly along
said ditch a distance of 190.51 feet to a point; thence westerly along said ditch a distance of

81.56 feet to a point in the centerline of right of

way of Road 1-1 otherwise known as the Centerville Road; thence northerly along the

centerline of right of way of Road 1-1 to a point at the intersection of the centerline of Road 1-

1 with the north boundary line of Swancreek Township-Village of Swanton Cemetery; thence

westerly along the north line of said cemetery to the east line of a parcel of land that lies

181.00 feet east of the north-south quarter line of Section 12; thence northerly along said east

line a distance of 650.30 feet to a point in the centerline of right of way of State Route 2-

US20A highway; thence southwesterly along said centerline a distance of 50.00 feet to a

                                                  54
                                Village of Swanton, Ohio 2010

point; thence southerly and parallel to the aforesaid east line a distance of 644.20 feet to a

point; thence westerly a distance of 131.00 feet to a point in the north-south quarter line of

Section 12; thence southerly along said quarter line a distance of 744.60 feet to a point in the

south boundary of the Swancreek-Village of Swanton Cemetery; thence easterly along said

south boundary line to a point in the centerline of right of way line of Road 1-1, said point

being immediately south of the Swancreek-Lucas ditch No. 3 bridge across Road 1-1; thence

southerly along the centerline of right of way line of Road 1-1 to the south line of Section 12;

thence westerly along said south line of Section 12 a distance of 1317.32 feet to a point;

thence southerly along the north-south quarter line of Section 13 a distance of 330.57 feet to a
point; thence easterly and parallel to the north line of Section 13 a distance of 1318.00 feet to

a point in the centerline of right of way of Road 1-1; thence southerly along said centerline of

right of way a distance of 1771.48 feet to a point; thence westerly a distance of 254.00 feet to

a pint; thence southerly a distance of 300.00 feet to a point; thence westerly a distance of

246.00 feet to a point; thence southerly a distance of 175.00 feet to a point; thence easterly a

distance of 40.00 feet to a point; thence southerly a distance of 360.00 feet to a point; thence

easterly a distance of 460.00 feet to a point in the centerline of right of way of Road 1-1;

thence southerly along said centerline a distance of 1179.64 feet to a point; thence westerly a

distance of 880.00 feet to a point; thence southerly a distance of 198.00 feet to a point; thence

westerly a distance of 456.76 feet to a point on the north-south quarter line of Section 13;
thence continuing westerly a distance of 1307.52 feet to a point in the west line of the

northeast quarter of the southwest quarter of Section 13; thence northerly along aforesaid

west line to the line between Sections 12 and 13; thence westerly along said section line an

approximate distance of 449.00 feet to a point 924.00 feet east of the west corner between

Sections 12 and 13; thence northerly at an interior angle of 91'27'44" a distance of 1490.29

feet to a point; thence southwesterly and parallel to the centerline of right of way of State

Route No. 2-US20A a distance of 222.75 feet to a-point; thence northerly a distance of 212.00

feet to a point; thence westerly to a point in the line between Sections 11 and 12 said line also

being the centerline of right of way of Township Road 2, said point lying 260.00 feet south of a

                                               55
                                 Village of Swanton, Ohio 2010

known iron pin set in the intersection of the west line of Section 12 with the centerline of right

of way of State Route 2 and US20A; thence northerly along said section line a distance of

14.53 feet to a point; thence westerly through Lot 18 of Homeville Subdivision a distance of

344.91 feet to a point in the east right of way line of Holiday Drive of said subdivision; thence

northerly along the east line of said Holiday Drive a distance of 206.28 feet to a point in the

centerline of right of way of State Route 2-US20A; thence northeasterly along said centerline

to the aforementioned iron pin at the intersection of said centerline and the line between

Sections 11 and 12; thence continuing northeasterly along the centerline of right of way of

State Route 2-US20A a distance of 1364.61 feet to a point; thence northerly a distance of
238.34 feet to a point; thence easterly a distance of 136.18 feet to a point; thence southerly a

distance of 223.51 feet to a point in the centerline of right of way of State Route 2-US20A;

thence northeasterly along said centerline a distance of 516.20 feet to a point; thence

northerly a distance of 711.95 feet to a point; thence easterly a distance of 426.82 feet to a

point; thence southerly a distance of 276.95 feet to a point; thence westerly a distance of

308.55 feet to a point; thence southerly a distance of 423.82 feet to a point in the centerline of

right of way of State Route 2-US20A; thence northeasterly along said centerline a distance of

682.00 feet to its intersection with the west line of a 50 foot wide parcel of unannexed land that

extends southerly from the centerline of right of way of State Route 2-US20A to the north line

of the unannexed Swancreek Township-Village of Swanton Cemetery, said intersection with
the west line of the 50 foot wide parcel being the point of boundary closure for all annexed

land south of the centerline of State Route 2 and US20A; thence southwesterly along the

centerline of right of way of State Route 2-US20A a distance of 127.50 feet to a point on the

north-south quarter line of Section 12; thence northerly along said quarter line a distance of

1124.00 feet to a point; thence westerly a distance of 256.90 feet to a point in the east right of

way line extended of Elton's Parkway; thence northerly binding upon said street east line a

distance of 125.00 feet to a point; thence westerly across the 50 foot right of way of Elton's

Parkway and binding upon the north right of way of Harding Drive a distance of 354.09 feet to

the beginning of a curve to the right; thence binding upon the arc length a distance of 108.65

                                               56
                                 Village of Swanton, Ohio 2010

feet to the beginning of a curve to the left; thence binding upon the arc length along the north

right of way line of Harding Drive a distance of 129.04 feet to a point; thence northerly a

distance of 183.74 feet to a point on the north line of Outlot 15; thence westerly a distance of

264.60 feet to a point; thence southerly a distance of 213.74 feet to a point in the centerline of

right of way of Harding Drive; thence westerly a distance of 204.00 feet along said centerline

to a point; thence northerly a distance of 213.74 feet to a point; thence westerly along the

north line of Outlot 15 a distance of 206.41 feet to the centerline of right of way of Browning

Street; thence southerly along said centerline a distance of 91.20 feet to the south line of the

Clendenin & Wells Subdivision; thence westerly along the south line of said subdivision a
distance of 862.66 feet to the center of Branch No. 2 of AI Creek; thence southeasterly along

the centerline of said creek to its intersection with an east-west property line that is 188.56 feet

south and parallel to the south line of the Clendenin & Wells Subdivision; thence westerly

along said property line to the line between Sections 11 and 12, said line also being the

centerline of right of way of Munson Road; thence southerly along said centerline a distance of

89.69 feet to a point; thence westerly a distance of 1317.25 feet to a point; thence northerly a

distance of 324.63 feet to a point; thence northerly a distance of 34.63 feet to a point; thence

easterly a distance of 1316.84 feet to a point in the line between Sections 11 and 12 in the

centerline of right of way of Munson Road; thence northerly along said section line a distance

of 1294.88 feet to a point; thence westerly parallel to the north line of Section 11 a distance of
253.75 feet to a point; thence northerly parallel to the east line of Section 11 a distance of

330.00 feet to a point in the north line of Section 11; thence easterly along said north section

line a distance of 253.75 feet to the common corner between Sections 11 and 12 Swancreek

Township and Sections 1 and 2 Fulton Township, all four sections being in Township 7 North,

Range 8 East and said corner being at the intersection of centerlines of right of way of Munson

Road and Dodge Street; thence northerly along the line between Sections 1 and 2 a distance

of 991.50 feet to a point at the Northwest corner of Misty Meadows Subdivision; thence

easterly along the north line of said subdivision a distance of 642.70 feet to its northeast

corner; thence southerly along the east line of said subdivision a distance of 425.69 feet to the

                                                57
                                 Village of Swanton, Ohio 2010

north line of Lot 7 of Fulton Heights Subdivision; thence easterly along said north line to the

northeast corner of said subdivision; thence continuing easterly along the same line a distance

of 283.80 feet to a point; thence northerly parallel to the north-south-quarter-quarter line a

distance of 100.30 feet to a point; thence westerly a distance of 50.50 feet to a point; thence

northerly parallel to aforesaid quarter-quarter line a distance of 632.00 feet to a point in the

east-west quarter-quarter line; thence easterly a distance of 190.00 feet to the north-south

quarter-quarter line; thence northerly along said quarter-quarter line to the east-west quarter

line of Section 1; thence easterly along said quarter line to the centerline of right of way line of

Main Street also being State Route No. 64; thence northwesterly along said centerline a
distance of 730.60 feet to a point; thence southwesterly a distance of 345.95 feet to a point;

thence northwesterly a distance of 169.62 feet to a point; thence northeasterly a distance of

339.03 feet to a point in the centerline of right of way of Main Street and State Route No. 64;

thence northwesterly along said centerline of right of way to its intersection with the south right

of way line of the Ohio Turnpike; thence easterly along said south right of way line to the

north-south quarter line of Section 1; thence northerly along said right of way line a distance of

35.00 feet to a point; thence easterly along the south right of way line of the Ohio Turnpike to

its intersection with the east line of Section 1, Township 7 North, Range 8 East, Fulton

Township said intersection point 'being in the line between Fulton and Lucas Counties and

also being the place of beginning. Also including in the annexed area a parcel of land located
on the north side of the north right of way line of the Ohio Turnpike and on the east side of

State Route No. 64 and being more particularity described as follows: Commencing at the

intersection of the centerline of right of way of State Route No. 64 with the north right of way

line of the Ohio Turnpike, said intersection point also being the place of beginning; thence

northwesterly along said centerline of State Route No. 64 a distance of 225.00 feet to a point;

thence northeasterly at approximately 90' to said centerline a distance of 200.00 feet to a

point; thence easterly and parallel to the north right of way line of the Ohio Turnpike a distance

of 310.80 feet to a point; thence southerly a distance of 299.20 feet to a point in the north right

of way line of the Ohio Turnpike; thence westerly along said north right of way line a distance

                                                58
                               Village of Swanton, Ohio 2010

of 335.20 feet to the place of beginning, said described parcel containing 2.86 acres of land

more or less. The above-described boundaries of that part of the Village of Swanton located

within the confines of Fulton County encompass an approximate total of 1110 acres more or

less.

April 19, 1993




                                             59
                            Village of Swanton, Ohio 2010
~ 37.15 Village of Swanton Corporation Map




                                         60
                                 Village of Swanton, Ohio 2010
~ 37.16 Sample Enterprise Zone Application

                                   Village of Swanton
                             ENTERPRISE ZONE APPLICATION

Note: If additional space is needed for any item on the application, indicate with an (*) and
supply attachments.

1. Name of Applicant Firm:


2. Current Address:




3. Telephone:

4. Proposed Address if Different from above:




5. Type of Business Organization (Corporation, Partnership, etc.)
                                                     In State of :

6. Name(s) and Title(s) of Principal Owner(s), or Officers:




7. Is the Business Seasonal in Nature?                  Yes                  No

8. Present Number of Employees:                     Payroll $

9. Proposed Number of New or Directly Retained Job at Project Site:
New                                   Retained

10. Estimated Annual Payroll Generated from the New Employees or Payroll saved for
retained employees:


11. Pre-project Market Value of the Existing Facility (if any) as determined for Local property
taxation:

      A. Real Property: $

      B. Tangible Personal Property: $
12. An estimate of the Amounts to be invested:

                                               61
                                   Village of Swanton, Ohio 2010

       A. Purchase of Land/Building               $

       B. New building construction               $

       C. Building additions                      $

       D. Improvements to Existing building       $

       E. Machinery and Equipment                 $

       F. Furniture and fixtures           $

       G. Inventory                        $

13. Total investment amount: $

14. Total investment ELIGLBLE FOR ABATEMENT: $

15. Present Current Investment in the New Facility or New Site (if any): $

16. Standard Industrial Classification (SIC) number:

                                        CERTIFICATIONS

A. The applicant believes the information contained hereon and submitted herewith is
complete and
  correct to the best of his knowledge and belief.

B. The applicant understands that, if approved, the information contained on this application
will form the
   basis for a signed Agreement between the applicant firm and the Village, County, Sate law
and local
   policy required annual monitoring for conformance to that Agreement. Failure to comply
may result in
   loss of incentives.

C. This applicant hereby certifies that the firm is current in all tax obligations in Fulton County
and the
   State of Ohio.


   Typed Name and Title:

   Signatures:

   Date:



                                                 62
                                 Village of Swanton, Ohio 2010
~ 37.17 Project Schedule

                             PROJECT COMPLETION SCHEDULE

Indicate pre-project values under “Current” column and value of increases or improvements
over each previous year for columns “One through “Five” as appropriate.

Your projected first ear for startup of commercial operations resulting from this project is 20
      .



                              Current     One        Two        Three      Four      Five
                              20 ___      20 ___     20 ___     20 ___     20 ___    20 ___


        Real Property
        Personal Property
        Inventory
        Employment
        Payroll




                                                63
                                  Village of Swanton, Ohio 2010
~ 37.18 Supplemental Documentation

                                 VILLAGE OF SWANTON
                             SUPPLEMENTAL DOCUMENTATION

The Village of Swanton must find “…that the enterprise submitting the proposal is qualified by
financial responsibility and business experience to create and preserve employment
opportunities in the zone…” according to the Ohio Revised Code section 5709.62( C). In
order to meet these and other obligations, we are requiring the following documentation:

              - company financial statements for the previous 3 fiscal years including
                both Profit and Loss Statements and Balance Sheet; or three year Pro Forms
                projections if a startup.

              - brief history of company and description of the business:

              - copy of the most recent Tangible Personal Property tax filing to county
                or State:

              - legal description of property, including taxing district and parcel
                 numbers.


                                           DEFINITION

Facility: an enterprise’s place of business in a zone, including land buildings, machinery,
equipment, and other material used in business.


~ 37.19 Operational Protocol for the Swanton Rescue Unit

A complete text of which is of which is on file in the office of the Village Administrator.




                                                 64
                                 Village of Swanton, Ohio 2010
                                    Title V: Public Works


Chapter


              50.     Residential Refuse Collection

              51.     Sewers

              52.     Water

              53.     Fees and Parts

              54. Storm Water Utility


                         Chapter 50: Residential Refuse Collection

Section

      50.01           Definitions
      50.02           Contract to be Granted by Council
      50.03           Billings and payments
      50.04           Collection Regulations
      50.05           Previous Permits and Licenses Revoked


      50.99           Penalty


~ 50.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
       Commercial. A non-dwelling property upon which solid waste and refuse is created
       and collected once a week pickup by container size up to eight yards, except that
       residential buildings with four or more units will be considered commercial.
       Customer. Any residential property within the village upon which refuse is created, but
       shall not include vacant units of persons or property.
       Industrial. Units are defined as follows:
              (1) Commercial pickups requiring larger containers than eight yards, or requiring
              pickup more than one each week;
              (2) Residential buildings with four or more units; and
              (3) Manufactured home parks and mobile home parks.
       Refuse. Includes solid waste, as defined herein, and will not consist of old appliances
       (white goods), water tanks, furniture, mattresses, dismantled swing sets, tires, auto
       parts, engines, batteries, blocks, fenders, parts of automobile bodies, used oil, or
       building materials.
                                               65
                                Village of Swanton, Ohio 2010
      Refuse Contractor. The person, corporation, or other entity granted the exclusive
      franchise for collection of residential refuse by separate ordinance.
      Residential. A dwelling unit, non- “commercial” as defined above, upon which is
      created solid waste or other refuse provided, however, that a dwelling or residential
      building shall contain no more than four apartments or residential units. A duplex shall
      be considered two residential units.
      Solid Waste. Interpreted to mean all putrescrible wastes, except sewage and body
      wastes, including vegetable and animal offal and carcasses of dead animals, together
      with all non-putrescrible wastes. Solid waste shall include all discarded household
      waste such as garbage, trash, ashes, tin, glass, paper, rags, etc., except building
      materials, stone, rock, and dirt. Tree limbs, brush, or wood will be considered solid
      waste as long as it is bundled in lengths of no more than four feet and diameter not
      exceeding two feet and securely tied.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 88-45, passed 9-26-88)

~ 50.02 Contract to be Granted by Council

The Council shall by separate ordinance, grant the rights and privileges of an exclusive
contract for the hauling of refuse from residential units within the village. No person, firm,
partnership, association, corporation, company, or organization of any kind shall engage in the
business of collecting and hauling refuse from residential premises within the corporate limits
of the village unless authorized by contract by the village. Industrial and commercial units are
exempt from said ordinance. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 88-45, passed 9-
26-88)


~ 50.03 Billings and Payments

Every residential unit shall be charged a quarterly fee, payable in advance, as established by
separate ordinance, for refuse collection. Billings and payments shall be made directly
through the refuse contractor. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 88-45, passed 9-
26-88)


~ 50.04 Collection Regulations

The following regulations are hereby established for refuse collection:

      (A) Collection will be made between the hours of 7:00 a.m., and 5:00 p.m. every
      Monday or Tuesday, if Monday is a holiday.

      (B) Collection will be at the curbside or at alley line adjacent to collection unit. No
      customer shall place the refuse as to obstruct the streets, sidewalk, alleyways, or
      passageways of the village or in such a manner to create a nuisance.

      (C) Customers shall place the refuse to be collected at curbside or alley no sooner
      than 8:00 p.m., of the prior day.



                                               66
                              Village of Swanton, Ohio 2010
      (D) Refuse shall be placed in bags or containers approved by the Village Administrator,
      not to exceed 50 pounds in weight, and a maximum of six bags or containers per week.

      (E) Customers who shall be absent from their premises for three consecutive months
      may apply, in advance, for an exemption from the provisions of this chapter for said
      period.

      (F) All refuse shall be drained of liquid before being deposited for collection.

      (G) Special application may be made to the Village Administrator for cases of aged,
      feeble, or disabled customers with whom the designate time or curbside collection is a
      hardship.

      (H) Broken glass must be properly wrapped.
      (I) It shall be unlawful for any customer to keep refuse for a longer period of time upon
      the premises than that expiring between two consecutive collection dates.
(Adopting Ord. 96-26, passed 7-26-96) (Ord. 92-20, passed 9-28-92) (Ord. 88-45, passed 9-
26-88) Penalty, see ~ 50.99


~ 50.05 Previous Permits and Licenses Revoked

All permits or licenses heretofore issued by the village to individuals, corporations, or
associations permitting the collection, removal, and disposal of refuse from residential
premises are hereby revoked. The Village Administrator is hereby directed to direct notice of
said action to all existing permit holders. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 88-45,
passed 9-26-88) Penalty, see ~50.99


~ 50.99 Penalty

Any person, firm, partnership, association, corporation, company, or organization of any kind
violating any of the provisions of this chapter shall be guilty of a minor misdemeanor on the
first offense; and a misdemeanor of the fourth degree on any subsequent offense. Each day
such a violation continues shall constitute a separate offense. (Adopting Ord. 92-20, passed 9-
28-92) (Ord. 88-45, passed 9-26-88)




                                               67
                    Village of Swanton, Ohio 2010
                        Chapter 51: Sewers

Section

                         General Provisions

      51.001   Definitions
      51.002   Disposition of Funds
      51.003   Tampering With or Damaging Works Prohibited
      51.004   Violations
      51.005   Powers and Authority of Inspectors
      51.006   Village Administrator to Make Rules; Appeals


                       Use of Public Sewers

      51.015   Allowable Discharge of Unpolluted Water
      51.016   Authority for Control of Wastewater Discharges
      51.017   Connection with Sewer Required
      51.019   Discharge of Wastes to Storm Sewers
      51.020   Grease and Oil Interceptors
      51.021   Ground Garbage
      51.022   Industrial Agreements
      51.023   Maintenance of Pretreatment Facilities
      51.024   Privies, Privy Vaults, Septic Tanks, Cesspools Prohibited;
               Exception
      51.025   Prohibition on Unpolluted Water
      51.026   Sewer Pipe Ventilation
      51.027   Storm and Surface Waters
      51.029   Substances Prohibited
      51.031   When Preliminary Treatment Required


                    Control of Industrial Wastes

      51.045   Analyses
      51.046   Control Manholes
      51.047   Extension of Time
      51.048   Flow Measurement, Sampling and Monitoring
      51.049   Inadmissible Wastes
      51.050   Normal Concentrations of Wastes
      51.052   Pollutants in Excess of Normal Concentrations
      51.053   Segregation of Clean and Polluted Water
      51.055   Temperature Control
      51.056   Toxic Materials
      51.057   Wastewater Harmful to Wastewater Facilities
      51.058   Wastewater Volume Determination

                      Design of Public Sewers
                                  68
                    Village of Swanton, Ohio 2010
51.070        Approval
51.071        Connection to Public Sewer
51.072        Depth, Grade, Alignment and Change of Direction
51.073        EPA Standard Applies
51.074        Independent Sewers Required; Exception
51.075        Laterals
51.076        Lifting Sewage by Artificial Means
51.077        Removal of Sewer by Village; Charges a Lien
51.078        Trap Required
51.079        Type of Pipe Required
51.080        Use of Old Sewer for New Buildings


          Construction of Public Sewers and Building Sewers

51.095        Abandoned Laterals
51.096        Barricades and Warning Lights; Restoration
51.097        Installation
51.098        Owner to Pay Costs, Indemnify Village for Damages
51.099        Permit Required
51.100        Submission of Plans


         Inspection of Public Sewers and Building Sewers

51.115        Applicant to Notify When Work Ready for Inspection and
              Connection
51.116        Classes of Permits; Application and Fee
51.117        Inspection of Existing Facilities
51.118        Inspection of New Laterals
51.119        Notification


              Private Sewers and Sewage Disposal

51.135        Conflict with Requirements of Health Officer
51.136        Connection to Public Sewer Required When Available
51.137        General Conditions
51.138        Health District Recommendations; Subsurface Soil
              Absorption; Discharge to Public Sewer or Natural Outlet
51.139        Owner’s Responsibility
51.140        Permit Required; Application and Fee
51.141        Required Improvements
51.142        Sanitary Operation and Maintenance

                        Revenue Schedule

51.155        Declaration of Necessity
51.156        Sewer Revenue Fund; Uses

                                69
                                Village of Swanton, Ohio 2010
      51.157               User Charges - Wastes of Normal Concentration
      51.158               Debt Service Charges - Wastes of Normal Concentration
      51.159               Extra Strength Surcharges - (for user charges and debt
                           service charges)
      51.160               Industrial Cost Recovery Surcharge
      51.161               Wastewater Collection and Treatment Rates
      51.162               Method of Payment
      51.163               Charges a Lien
      51.164               Measurement and Determination of Water Used
      51.165               Fire Hydrants Exempted
      51.166               Effective Date of Charges
      51.167               Method of Collecting Charges
      51.168               Exemption of Sewer Charge on Initial Filling of Swimming
                           Pools

                           Service Extension Outside the Village

      51.180               Cost of Material and Labor
      51.181               General Conditions
      51.182               Rates and Charges

      51.999               Penalty

                                      General Provisions

~ 51.001 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
       Administrator. The Administrator of the Environmental Protection Agency, or any
       person authorized to act for him.
       Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
       biochemical oxidation of organic matter under standard laboratory procedure in five
       days at 20° C. expressed in milligrams per liter.
       Building Drain. That part of the lowest horizontal piping of a drainage system which
       receives the discharge from soil, waste, and other drainage pipes inside the walls of the
       building and convey it to the building sewer, beginning three feet outside the building
       wall.
       Building Sewer. The extension for the building drain to the public sewer or other place
       of disposal.
       Chemical Oxygen Demand (COD). The quantity of oxygen utilized in the chemical
       oxidation of organic matter under standard laboratory procedures expressed in
       milligrams per liter.
       Combined Sewer. A sewer receiving both surface runoff and municipal wastes.
       Compatible Pollutant. BOD, suspended solids, pH fecal coliform bacteria, and
       additional pollutants identified in the NPDES permit if the publicly owned treatment
       works was designed to treat such pollutants and in fact does remove such pollutants to
       a substantial degree. Examples of such additional pollutants may include: COD; total
       organic carbon; phosphorus and phosphorus compounds; nitrogen and nitrogen
                                               70
                           Village of Swanton, Ohio 2010
compounds; fats, oils, and greases of animal or vegetable origin except as prohibited
under ~51.029.
Domestic Wastes. The liquid material from sanitary conveniences collected from
residences, business buildings, institutions, and industries. Domestic wastes do not
include trade or process wastes.
Engineer. The Engineer of the village or his authorized representative.
Environmental Protection Agency. The Federal (or United States) Environmental
Protection Agency, or any person authorized to act for the agency.
Federal Act. The Federal Water Pollution Control Act Amendments of 1972, Public
Law 92-500, and any amendments thereto; as well as any guidelines, limitations, and
standards promulgated by the U.S. Environmental Protection Agency pursuant to the
Act.
Floatable Oil. Oil, fat or grease in a physical state such that it will separate by gravity
from wastewater by treatment in an approved pretreatment facility.
Garbage. Solid wastes from the preparation, cooking, and dispensing of food, and
from the handling, storage and sale of produce.
Incompatible Pollutant. Any pollutant which is not a compatible pollutant as defined
above.
Industrial Cost Recovery (ICR). Recovery by the village from the industrial users of
the treatment works of the grant amount that would be allocated to the treatment of
wastes from such users.
Industrial Wastes. The wastewater from industrial trade, or business processes as
distinct from domestic wastes.
Industry. A manufacturing activity identified as a “Division A,B,D,E or I” industry, as
defined in the Office of Management and Budget’s Standard Industrial Classification
Manual, 1972, as amended and supplemented.
Intercepting Sewer. A sewer intended to receive flows from both combined sewers
and sanitary sewers.
Major Contributing Industry. An industrial user of the policy owned treatment works
that meets any one or more of the following criteria:
        (1) Has a flow of 50,000 gallons or more per average work day;
        (2) Has a flow greater than 5% of the flow carried by the municipal system
        receiving the waste;
        (3) Has in its waste, a toxic pollutant in toxic amounts as defined in standards
        issued under Section 307 (a) of the Federal Act; or
        (4) Is found by the permit issuance authority in connection with the issuance of
        an NPDES permit to the publicly owned treatment works

receiving the waste, to have significant impact, either singly or in combination with other
contributing industries, on that treatment works or upon the quality of effluent from the
treatment works.
Maintenance. Upkeep and repair costs required to maintain the wastewater treatment
works structures and equipment in efficient operating conditions during the service life
of such works.
May. Is permissive.
Municipal Wastes. A combination of water-carried wastes from residences, business
buildings, institutions, and industrial establishments, together with such ground, surface,
and storm waters as may be present.

                                         71
                         Village of Swanton, Ohio 2010
Municipal Wastes Treatment Plant. Any arrangement of devices and structures used
for treating municipal wastes.
Municipal Wastes Works. All facilities for collecting, pumping, treating, and disposing
of municipal wastes.
Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body or
surface or ground water.
NPDES Permit. The National Pollutant Discharge Elimination System permit.
Operation. Any physical and mechanical actions, processes or functions required to
efficiently operate the wastewater treatment works as defined herein.
Person. An individual, firm, company, association, society, corporation, or group.
pH. The reciprocal of the logarithm of the hydrogen ion concentration. The
concentration. The concentration is the weight of hydrogen ions, in grams, per liter of
solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion
concentration of 10 -7.
Pollutant. Dredged spoil, solid waste, incinerator residue, wastewater, garbage,
wastewater sludge, wrecked or discarded equipment, rock, sand, cellar dirt, and
industrial, municipal, and agricultural waste discharged into water.
Pretreatment. The treatment of wastewater from sources before introduction into
publicly owned wastewater treatment facilities.
Private Sewer. Any extension of the wastewater facilities which is not a public sewer.
Properly Shredded Garbage. The water from the preparation, cooking, and
dispensing of food that have been shredded to such degree that all particles will be
carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than ½-inch in any dimension.
Public Sewer. A sewer in which all owners of abutting properties have equal rights,
and is controlled by public authority.
Replacement. Expenditures for obtaining and installing equipment, accessories or
appurtenances necessary to retain design capacity and performance of the wastewater
treatment works throughout the village's jurisdiction.
Sanitary Sewage. Domestic wastes contributed by reason of human occupancy.
Sanitary Sewer. A sewer that carries liquid and water-carried wastes from residences,
commercial buildings, industries and institutions, together with minor quantities of
ground, storm and surface waters that are not admitted intentionally.
Sanitary Sewer Charges. The aggregate of rate increments established by three
separate revenue systems, i.e.., User Charges, Industrial Cost Recovery (ICR) and
Debt Service Charges.
Sewer. A pipe or conduit for carrying municipal wastes.
Shall. Is mandatory.
Slug. Any discharge of water or wastewater which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than 15
minutes more than five times the average 24-hour concentration or flows during normal
operation and shall adversely affect the collection system and/or performance of the
wastewater treatment works.
Storm Drain or Storm Sewer. A drain or sewer for conveying water, groundwater,
subsurface water or unpolluted water from any source, but excludes domestic wastes.
Superintendent. The Superintendent of Municipal Wastes Works of the village, or his
authorized deputy, agent, or representative.
Suspended Solids. Total suspended matter that either floats on the surface of, or is in
suspension in, water, wastewater, or other liquids and that is removable by laboratory
                                          72
                                  Village of Swanton, Ohio 2010
      filtering as prescribed in "Standard Methods for the Examination of Water and
      Wastewater: and referred to as nonfilterable residue.
      Toxic Pollutants. Means but is not necessarily limited to aldrin-dieldrin, benzidine,
      cadmium, cyanide, DDT-endrin, mercury, polychlorinated biphenyls (PCB's) and
      toxaphene. Pollutants included as "toxic" shall be those promulgated as such by the
      United States Environmental Protection Agency.
      Unpolluted Water. Water of quality equal to or better than the effluent criteria
      delineated in the NPDES permit or water that would not cause violation of receiving
      water quality standards and would not be benefited by discharge to the sanitary sewers
      and wastewater treatment facilities provided.
      User Charge. A charge levied on users of the wastewater works for the cost of
      operation and maintenance of such works.
      User Class. Any class of users of the wastewater works, as defined in ~51.155
      through 51.167.
      Village. The village of Swanton, Fulton County, Ohio.
      Wastewater. The spent water of a community. From the standpoint of source, it may
      be a combination of the liquid and water-carried wastes from residences, commercial
      buildings, industrial plants and institutions, together with any groundwater, surface
      water, and storm water that may be present.
      Wastewater Facilities. The structures, equipment and processes required to collect,
      carry away, and treat domestic and industrial wastes and dispose of the effluent.
      Wastewater Treatment Works, Waste Treatment Plant, Wastewater Treatment
      Plant, or Water Pollution Control Plant. An arrangement of devices and structure for
      treating wastewater, industrial wastes and sludge. Wastewater treatment works shall
      include sanitary sewers, combined sewers and intercepting sewers, but shall not
      include storm sewers.
      Watercourse. A channel in which a flow of water occurs, either continuously or
      intermittently.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)

~ 51.002 Disposition of Funds

All money for permit and inspection fees collected under the provisions of ~51.116 and 51.140
shall be deposited in the Sewer System Development Fund. (Adopting Ord. 92-20, passed 9-
28-92) (Ord. 78-4, passed 2-13-78)


~ 51.003 Tampering With or Damaging Works Prohibited

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment which is a part of
the municipal wastewater facilities. Any person violating this provision shall be subject to
immediate arrest under charge of disorderly conduct. (Adopting Ord. 92-20, passed 9-28-92)
(Ord. 78-4, passed 2-13-78)


~ 51.004 Violations
      (A) Any person found to be violating any provision of this chapter, except ~51.003, shall
      be served by the village with written notice stating the nature of the violation and
                                              73
                                  Village of Swanton, Ohio 2010
      providing a reasonable time limit for the satisfactory correction thereof. The offender
      shall, within a period of time stated in such notice, permanently cease all violations.

      (B) If violations of any provision of this chapter shall be found, a written notice, stating
      the nature of the violation, shall be sent by first class mail to the person apparently
      guilty of the violation. This notice shall be deemed sufficient, in the event of violation, if
      sent to the address of that person as shown on water account records. The notice
      shall, in all cases, set forth a time limit during which all noted violations shall cease and
      be abated, and appropriate corrective action taken, and if the violator shall not thus
      comply, the provisions of the following division (C) shall then apply.

      (C) Any person violating any of the provisions of this chapter shall become liable to the
      village for any expense, loss or damage occasioned the village by reason of such
      violation, notwithstanding whether said person may have been prosecuted for a
      violation of the terms of this chapter.

      (D) Any person violating State of Ohio and/or federal regulations as a consequence of
      violating any provisions of this chapter shall be subject to penalties imposed by state
      and/or federal regulations, irrespective of the provisions of ~51.003.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.005 Powers and Authority of Inspectors

      (A) Employees of the village, duly authorized by the Village Administrator and bearing
      proper credentials and identification shall be permitted to enter all properties for the
      purpose of inspection, observation, measurement, sampling and testing pertinent to
      discharge to the wastewater treatment works in accordance with the provisions of this
      chapter. The authorized employees of the village are authorized to obtain information
      concerning industrial or commercial processes which have a direct bearing on the kind
      and source of discharge to the wastewater treatment works. A user may withhold
      information considered confidential. A user must establish that the revelation to the
      public of the information in question might result in an advantage to competitors.

      (B) While performing the necessary work on private properties, the authorized
      employees of the village shall observe all safety rules applicable to the premises
      established by the owner, and the owner shall be held harmless for injury or death to
      the village employees, and the village shall indemnify the demands for personal injury
      or property damage asserted against the owner and growing out of the gauging and
      sampling operation, except as such may be caused by negligence or failure of the
      owner to maintain safe conditions as required in ~51.142.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)


~ 51.006 Village Administrator To Make Rules; Appeals

The Village Administrator shall make and enforce rules and regulations, subject to approval of
Council, establishing the types and characteristics of sanitary sewage and industrial wastes,
and other matter not specifically covered in this chapter which shall not be discharged into the

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                                  Village of Swanton, Ohio 2010
village sewerage system, and the types and characteristics of sanitary sewage and industrial
wastes admissible to the village sewerage system only after pretreatment. Such rules and
regulations shall be subject to appeal to Council, which shall appoint three reputable and
qualified persons to investigate the appeal and agree to affirm or reject the ruling of the Village
Administrator. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)



                                     Use of Public Sewers

~ 51.015 Allowable Discharge of Unpolluted Water

Storm water and all other unpolluted drainage shall be discharged to such sewers as are
specifically designated as combined sewers or storm sewers, or to a natural outlet approved
by the village and other regulating agencies. Unpolluted industrial cooling water or process
waters may be discharged on approval by the village and the Ohio Environmental Protection
Agency to a storm sewer or natural outlet. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4,
passed 2-13-78)


~ 51.016 Authority For Control Of Wastewater Discharges

       (A) If any waters or wastes are discharged or are proposed to be discharged to the
       public sewers, which contain the substances or possess the characteristics enumerated
       in ~51.028 and ~51.029 and which in the judgment of the Village Administrator, may
       have a deleterious effect upon the wastewater facilities, processes, equipment, or
       receiving waters, including violation of applicable water quality standards, or which
       otherwise create a hazard to life or constitute a public nuisance, the Village
       Administrator may:
               (1) Reject the wastes,
               (2) Require pretreatment to an acceptable condition for discharge to the public
               sewers,
               (3) Require control over the quantities and rates of discharge, and/or,
               (4) Require payment to cover the added cost of handling and treating the wastes
               under the provisions of ~51.155 through 51.167.

       (B) All industrial wastes discharges to the public sewers by major contributing industries
       shall as a minimum meet the national pretreatment standards or best practical control
       technology currently available for incompatible pollutants as published in Title 40 Code
       of Federal Regulations, part 128 unless the village is committed, in its NPDES permit,
       to remove a specified percentage of the incompatible pollutant. In those instances the
       applicable pretreatment standards may be correspondingly reduced to levels
       determined by the Administrator, or his duly authorized representative or state
       regulatory agencies.

       (C) If the Village Administrator requires pretreatment or equalization of waste flow, the
       design and installation of the plants and equipment shall be subject to the review and
       approval of the Village Administrator and State regulatory agencies and subject to the
       requirements of all applicable codes, ordinances and laws.

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                                  Village of Swanton, Ohio 2010

       (D) Pursuant to the policy of the Ohio Environmental Protection Agency,
       infiltration/inflow (I&I) credits from the Village of Swanton are available for reservation
       on a first-come, first-serve basis. If I&I credits are available, and after recommendation
       of the Village water and sewer committee, and approval of the Village Council, the
       Village will reserve them for a development effective on the date the sanitary sewer
       plans for the development are approved by the Village, contingent on approval by the
       Ohio Environmental Protection Agency. If I&I credits are not available, the development
       will be placed on a standby list until I&I credits become available. Developments will be
       placed on the standby list in the order in which the sanitary sewer plans for each
       development were approved by the Village and developments will be allocated I&I
       credits as they become available in the same order.

      I&I credits which are not used within one year after the same are reserved will be
      subject to the following: All or part of the credits which remain unused shall revert to
      the Village upon request of the Village Administrator and upon the approval of the
      Village Council in the event other requests have been made for the same credits and
      the developer or person reserving said credits has not provided adequate assurances
      that the sanitary sewers will be completed within six months; or upon insolvency,
      bankruptcy or termination of the development or project; or in the event the Ohio EPA
      modifies their rules and regulations relative to the use of such credits. The developer or
      property owner shall sign any and all documents required to return such credits to the
      Village.
(Adopting Ord. 2003-29, passed 8-11-03) (Ord. 92-20, passed 9-28-92)            (Ord. 78-4,
passed 2-13-78)


~ 51.017 Connection With Sewer Required

No person shall maintain or use or permit to be used upon any lot or land abutting upon or
adjacent and accessible to a public sanitary sewer any water closet, urinal or sink not
connected with such sewer in such manner as to properly discharge its contents into such
sewer. No abandoned well shall be used as a sink or privy vault. (Adopting Ord. 92-20,
passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.018 Discharge of Untreated Wastes To Any Natural Outlet

It shall be unlawful to discharge to any natural outlet within the village, or in any area under the
jurisdiction of the village, any sanitary sewage, industrial wastes or other polluted waters,
except where suitable treatment has been provided in accordance with the provisions of this
chapter. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see
~51.999


~ 51.019 Discharge of Wastes To Storm Sewers

Wastes shall not be discharged into a storm sewer unless the waste is of such character as
would permit the waste to be discharged directly to the body of waste to which the storm

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                                Village of Swanton, Ohio 2010
sewer discharges and be in compliance with all criteria and standards of discharge established
by the Village Administrator and other regulatory agencies.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.020 Grease and Oil Interceptors

For grease, oil and inorganic material such as sand, grit, etc., interceptors shall be provided
when in the opinion of the Village Administrator, they are necessary for the proper handling of
liquid wastes containing floatable grease in excessive amounts, as specified in ~51.028, or
any flammable wastes, sand or other harmful ingredients; except that such interceptors shall
not be required for private living quarters or dwelling units. Grease and oil interceptors shall
be constructed of impervious materials capable of withstanding abrupt and extreme changes
in temperature. They shall be of substantial construction, watertight and equipped with easily
removable covers which, when bolted in place, shall be gas tight and watertight. All
interceptors shall be of a type and capacity approved by the Village Administrator, and shall be
located as to be readily and easily accessible for cleaning and inspection. In the maintenance
of these interceptors the owner shall be responsible for the proper removal and disposal by
appropriate means of the captured material and shall maintain records of the dates, and
means of disposal which are subject to review by the Village Administrator. Any removal and
hauling of the collected materials not performed by the owner personnel must be performed by
currently licensed waste disposal firms. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4,
passed 2-13-78) Penalty, see ~51.999


~ 51.021 Ground Garbage

      (A) This disposal of unground garbage to the sewer system is prohibited. To prevent
      the disposal of solid industrial wastes and large quantities of solid
      organic materials as ground garbage, garbage grinder installations are restricted to
      locations where food is prepared for consumption on the premises.

      (B) Four requirements for “properly ground garbage” are that only food wastes be
      considered a garbage; that all ground particles be of such size that they will be carried
      freely under the normal flow conditions prevailing in the sewer conduit to which they are
      contributory; that installation of a garbage grinder with a three-fourths horsepower (or
      greater) motor be subject to approval of the Village Administrator or his authorized
      representative; and that limitation on acceptable garbage grinder operation specify that
      no more than 30%, on the dry basis, pass a No. 40 U.S. Standard sieve.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.022 Industrial Agreements

No statement contained in this chapter shall be construed as preventing any special
agreement or arrangement between the village and any industrial concern
whereby an industrial waste of unusual strength or character may be accepted by the village
for treatment, subject to payment therefor by the industrial concern. (Adopting Ord. 92-20,
passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999

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                                 Village of Swanton, Ohio 2010
~ 51.023 Maintenance of Pretreatment Facilities

Where preliminary treatment facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation, by the owner at his expense.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.024 Privies, Privy Vaults, Septic Tanks, Cesspools Prohibited;
          Exception

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy
vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.025 Prohibition on Unpolluted Water

No person shall discharge or cause to be discharged any unpolluted storm water, surface
water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial
process waters to any sanitary sewer. Any existing roof drain connections to sanitary sewers
or combined sewers shall be connected into available storm sewer or shall be disconnected
above ground in the manner approved by the Village Administrator. (Adopting Ord. 92-20,
passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.026 Sewer Pipe Ventilation

No sewer pipe for a water closet or any other connection shall be allowed inside any house or
building unless proper means are provided for the ventilation of such pipe or sewer so as to
effectually prevent sewer gas from entering the house or building.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.027 Storm and Surface Waters

All surface runoff from areas expected to yield good quality water such as roofs, paved areas,
lawns, and discharge from ground water collection systems must be excluded from separate
sanitary sewers. Runoff from certain uncovered areas of an industrial plant during the initial
period of rainfall is likely at times to contain appreciable concentrations of materials. Such
areas as rail car or truck unloading stations, tank farms, or unhoused process equipment may
be expected to receive material from leaks, spills, drips, tank washouts, tank overflows, hose
drainages, and clean outs. Limited and isolated areas can be drained to the sanitary sewers
so that both the wet and dry weather flows receive treatment. If such an area is too extensive
to permit admittance to the sanitary sewer of the quantity of rainfall runoff involved, a system
for admitting the first flush of runoff to the sanitary sewer and automatic division of additional
runoff to the storm sewer shall be installed. The diversion should be made after 0.25 in (0.64
cm) of rainfall. An alternative to the direct diversion of wastewaters from these areas is the
use of approved holding facilities with controlled discharge. Basements shall be drained to the
sanitary sewer because the wastewaters from washing machines, portable laundry tubs, and
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                                  Village of Swanton, Ohio 2010
shower baths can cause gross pollution of storm sewer outlets. Foundation drains are
required to be discharged to a storm sewer. Unpolluted water from air-conditioning systems,
industrial cooling operation, swimming pools, and so forth shall be discharged to the storm
sewers or directly to natural drainage outlets. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-
4, passed 2-13-78) Penalty, see ~51.999


~ 51.028 Substances Limited

The following described substances, materials, waters or wastes shall be limited in discharges
to municipal systems to concentration or quantities which will not harm either the sewers,
wastewater treatment process or equipment, will not have an adverse effect on the receiving
stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance.
The Village Administrator may set limitations lower than the limitations established in the
regulations below if in his opinion more severe limitations are necessary to meet the above
objectives. Deliberate dilution with unpolluted water to meet the concentrations established in
the regulations below shall not be acceptable. In forming his opinion as to the acceptability,
the Village Administrator will give consideration to such facts as the quantity of such waste in
relation to flows and velocities in the sewers, materials of construction of the sewers, the
wastewater treatment process employed, capacity of the wastewater treatment plant, and
other pertinent factors. The limitations or restrictions on materials or characteristics of waste
or wastewater discharged to the sanitary sewer which shall not be violated without approval of
the Village Administrator are as follows:

      (A) Wastewater having a temperature higher than 150 ° F.

      (B) Wastewater containing more than 50 milligrams per liter of petroleum oil, non
      biodegradable cutting oils, products of mineral oil origin, floatable oils, fat, wax, and
      grease.

      (C) Any garbage that has not been properly shredded. Garbage grinders may be
      connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals,
      catering establishments or similar places where garbage originates from the preparation
      of food in the kitchens for the purpose of consumption on the premises or when served
      by caterers.

      (D) Any waters or wastes containing solids, liquids or gases in sufficient quantity, either
      singly or by interaction with other wastes to injure or interfere with any wastewater
      treatment process, constitute a hazard to humans or animals, create a public nuisance,
      or create any hazard to humans or animals, create a public nuisance, or create any
      hazard in the receiving waters of the Wastewater Treatment Plant including but not
      limited to cyanides, hexavalent chromium, copper, zinc, cadmium, nickel and phenols in
      the wastes as discharged to the public sewer. The following concentrations shall not be
      exceeded in industrial wastes discharged to the public sewers:
      Total cyanide (CN), 0.5 milligrams per liter (mg/l)
      hexavalent chromium, 1.0 mg/l
      copper, 1.0 mg/l
      zinc, 1.0 mg/l
      cadmium, 0.2 mg/l

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                                Village of Swanton, Ohio 2010
       nickel, 2.0 mg/l
       phenols, 0.2 mg/l
       lead, 0.5 mg/l
       mercury, 0.01 mg/l
       silver, 0.2 mg/l
       hydrogen sulfide, 10 mg/l
       sulfur dioxide gas, 5 mg/l
These maximum concentrations may be changed as necessary by the Village Administrator or
state regulatory agencies based on new information concerning inhibitory substances or to
protect treatment plant processes. Industrial dischargers covered by Federal pretreatment
requirements shall meet those limitations specified under effluent guidelines published under
Section 304 (b) and 307 (b) of the Federal Act or the above concentrations, whichever is more
stringent. Major contributing industries discharging incompatible pollutants into the public
sewers shall be regulated as provided in ~51.017

      (E) Any waters or wastes containing odor-producing substances exceeding limits which
      may be established by the Village Administrator or any local or state regulatory
      agencies.

      (F) Any radioactive wastes or isotopes of such half-life or concentration as may exceed
      limits in compliance with applicable state or federal regulations.

      (G) Quantities of flow, concentrations or both which constitute “slug” as defined in
      ~51.001.

      (H) Waters or wastes containing substances which are not amenable to treatment or
      reduction by the wastewater treatment processes employed, or are amenable only to
      such degree that the wastewater treatment plant effluent cannot meet the requirements
      of other agencies having jurisdiction over discharge to the receiving waters.

      (I) Any water or wastes which by interaction with water or wastes in the public sewer
      system, release noxious gases, from suspended solids which interfere with the
      collection system, or create a condition deleterious to structures and treatment
      processes.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999

~ 51.029 Substances Prohibited
No person shall discharge or cause to be discharged any of the following described materials
into any public sewers (or treatment works):

      (A) Any gasoline, benzene, naphtha, fuel oil, cleaning solvents, paint vehicles, or other
      flammable or explosive liquid, solid, or gas.

      (B) Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or having any
      other corrosive property capable of causing damage or hazard to structures, equipment,
      and personnel of the wastewater treatment works.

      (C) Solid or viscous substances in quantities or of such size capable of causing
      obstruction to the flow in sewers or other interferences with the proper operation of the

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                                 Village of Swanton, Ohio 2010
      wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud,
      straw, shavings, metal, glass, rags, feathers, tar, plastics, wood unground garbage,
      whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk
      containers, etc., either whole or ground by garbage grinders. Direct discharge of such
      materials as tar, asphalt, paint, and waxes shall also be prohibited because they may
      adhere to sewers and thus reduce the effective size of the pipe.

      (D) Any garbage which has not been properly shredded as described in detail in
      ~51.021.

      (E) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.030 Toilet Facilities and Connections Required

The owner of all houses, buildings or properties used for human occupancy, employment,
recreation or other purposes situated within the village and abutting on any street, alley or
right-of-way in which there is now located or may in the future be located a public sanitary or
combined sewer of the village, is hereby required at his expense to install suitable toilet
facilities therein, and to connect such facilities directly with the proper public sewer in the
provisions of this chapter, within 90 days after the date of the official notice provided such
public sewer is within 100 feet of the property line. (Adopting Ord. 92-20, passed 9-28-92)
(Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.031 When Preliminary Treatment Required

The admission into the public sewers of any waters or wastes having a five day BOD in excess
of normal sewage shall be subject to the review and approval of the Village Administrator.
When necessary, in the opinion of the Village Administrator, such preliminary treatment
facilities as may be needed to control the quantities and rates of discharges or reduce
objectionable characteristics or constituents shall be constructed according to plans approved
by the Village Administrator. (Adopting Ord. 92-20, passed 9-28-92) (Ord 78-4, passed 2-13-
78) Penalty, see ~51.999


                                 Control of Industrial Wastes

~ 51.045 Analyses

      (A) All measurements, tests, and analyses of the characteristics of waters and wastes
      to which reference is made in this chapter shall be determined in accordance with the
      latest edition of “Standard Methods for the Examination of Water and Wastewater”,
              published by the American Public Health Association. Sampling methods,
      locations, times, durations, and frequencies are to be determined on an individual basis
      subject to approval by the Village Administrator or his duly authorized representative.



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                                 Village of Swanton, Ohio 2010
       (B) Determination of the character and concentration of the industrial wastes shall be
       made by the user responsible for the discharge, or his qualified agent as approved by
       the Village Administrator. The results of the analyses, shall be reported to the village
       on a monthly basis on forms provided by the village. The village makes its own
       analyses on the wastes and these determinations shall be binding as a basis for
       charges, except under circumstances in division (C) below.

       (C) In case the analyses performed by the industry and the village result in substantially
       different values, an effort shall be made by the industry to collect samples at the same
       time the village collects its own samples. The results of the analyses on the samples
       collected by the village and the industry shall be compared using the same testing
       procedures as outlines in the latest edition of “Standard Methods” and the differences
       negotiated.

      (D) All costs incident to sampling and analyses shall be borne by each user requiring
      such testing and analysis. Such costs incurred by the village shall be billed annually to
      each such user, based upon actual cost to the village, plus reasonable overhead. Such
      billing shall be billed with, and be considered a part of, the sanitary sewer charge for the
      month billed.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.046 Control Manholes

Each person discharging industrial wastes into a public sewer shall construct and maintain one
or more control manholes or access points to facilitate observation, measurement and
sampling of his wastes, including sanitary wastewater. Control manholes or access facilities
shall be located and built in a manner acceptable to the Village Administrator. Where
required, measuring devices are to be permanently installed in the control manhole, and shall
be of a type acceptable to the Village Administrator. Control manholes, access facilities, and
related equipment shall be installed by the person discharging the waste at his expense and
shall be maintained by him so as to be in safe condition, accessible and in proper operating
condition at all
times. Plans for the installation of such facilities shall be approved by the Village Administrator
prior to the beginning of construction. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4,
passed 2-13-78) Penalty, see ~51.999


~ 51.047 Extension of Time

When it can be demonstrated that circumstances exist which would create an unreasonable
burden on the person to comply with the time schedule imposed by ~51.054, a request for
extension of time may be presented for consideration of the Village Administrator. All requests
for extension of time shall be submitted in writing, stating the reasons for such a request.
Under no circumstances shall the extension of time exceed 60 days after approval of the
extension by the Village Administrator. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4,
passed 2-13-78) Penalty, see ~51.999



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                                Village of Swanton, Ohio 2010
~ 51.048 Flow Measurement, Sampling and Monitoring

The use of a water level recorder should be used for head measurements. Consideration
should be given to the fact that wastewater flow is subject to variation depending on season,
day of the week, and plant production levels. Collection of samples of wastewater for
laboratory analysis requires extreme care to obtain a representative sample. A series of
samples must be collected and composited in proportion to flow rates over a 24-hour period to
obtain a representative sample for laboratory analysis. Where a plant has more than one
sewer outlet, samples must be collected at each outlet and composited in proportion to the
flow rate at the outlet. The composite for the entire plant is computed from these data. Flow
is usually measured over a 24-hour period. To measure slugs, readings at 15-minute intervals
are necessary. A continuous analyzer requires samples be taken every 15 minutes. (Adopting
Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)


~ 51.049 Inadmissible Wastes

Certain waste products shall be completely excluded from the sewers. These waste products
fall into five categories:

      (A) Wastes that create a fire or explosive hazard in the sewers or wastewater facility.
      (Section 51.029 (A))

      (B) Waste products that will impair the hydraulics capacity of the sewer system.
      (Section 51.029(B), (C), and (D)

      (C) Wastes that, in any quantity, create a hazard to people, the sewer system, the
      treatment process, or the receiving waters. (Section 51.029)
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.050 Normal Concentrations of Wastes

      (A) Charges for wastes treatment pursuant to ~51.155 through 51.167 shall apply to
      wastes not exceeding normal concentrations as follows:

             (1) BOD - 200 milligrams per liter;
             (2) Suspended Solids - 240 milligrams per liter

      (B) Applicable concentrations shall be based upon average concentrations, weighted in
      proportion to volume of flow, determined during each monthly billing period by the most
      practicable method possible. Should the average concentration of any constituent
      exceed the normal concentration provided in the paragraph, a surcharge for each
      constituent so exceeded shall apply for the applicable monthly billing period, in
      accordance with the provisions of ~51.155 through 51.167.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)




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                                Village of Swanton, Ohio 2010
~ 51.051 Oil and Grease

If oils and grease are biodegradable and in a physical state that does not cause clogging or
undue maintenance problems in the wastewater facilities, the discharge of these substances
can be accepted in a wastewater treatment system. Animal and vegetable oils and greases
(polar substances) are readily degradable in aerobic and anaerobic biological treatment
systems provided that the physical states of the oils and grease do not prevent the necessary
contact with the biological suspensions responsible for treatment. However oils and grease of
mineral origin (primarily non polar substances) are essentially non biodegradable either in
aerobic or anaerobic processes and should be removed from industrial wastes to the
maximum degree practical before discharge. The discharge of these oils and greases of
mineral origin shall be limited to the regulation of the village. Grease separators are required
for all meat packing plants and on building sewers serving hotels, restaurants, and institutions
in which large numbers of meals are served. However, the use of garbage grinders precludes
the use of gravity grease separators. Flammable waste and grit intercepting facilities must be
provided on all building sewers from garages, filling stations, cleaning establishments and
other concerns using volatile oils or solvents. Special pretreatment methods are required for
the removal of soluble cutting oils. All grease and oil removal facilities must be approved by
the Village Administrator. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)
Penalty, see ~51.999

~ 51.052 Pollutants in Excess of Normal Concentrations

      (A) Wastewater containing pollutants in excess of normal concentrations as defined in
      ~51.050 shall be:

             (1) Subject to prohibition of discharge to the wastewater treatment works; or
             (2) Subject to pretreatment prior to discharge to the wastewater treatment works
             to comply with concentrations or amounts of pollutants established by the village
             and subject to payment of a surcharge pursuant to ~51.155 through 51.167; or
             (3) Permitted to be discharged to the wastewater treatment works without
             pretreatment, subject to payment of a surcharge pursuant to ~51.155 through
             51.167.

      (B) The Village Administrator shall determine which of the three alternates shall apply,
      based upon the volume and concentration of pollutants of the wastewaters involved.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78


~ 51.053 Segregation of Clean and Polluted Water

Wastewaters discharged from industrial and commercial establishments include process
wastewaters containing organic or inorganic solids and cooling or condensing waters
containing no added organic matter or reducing gases. Waters of the latter class, incapable of
causing objectionable conditions in an open watercourse, shall be segregated from polluted
wastes and discharged to storm sewers or to a natural outlet. Rainfall runoff shall not always
be considered clean water but shall be routed according to its quality as per ~51.027. Even
though unpolluted wastes do not increase the organic load on wastewater treatment units, the
added volume increases pumping costs and reduces detention periods of settling tanks, and

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                                 Village of Swanton, Ohio 2010
aeration units. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty,
see ~51.999


~ 51.054 Submission of Basic Data

Within 90 days after passage of this chapter, each person whose operation entails the
discharge of industrial wastes to a public sewer shall prepare and file with the Village
Administrator, a written statement setting forth the nature of the operation contemplated or
presently carried on, the amount and source of waste required for use, the proposed point of
discharge of said wastes into the wastewater collection system of the village, the estimated
amount to be so discharged and a fair statement setting forth the expected bacterial, physical,
chemical, and other known characteristics of said wastes. Within a reasonable time of receipt
of such statement, it shall be the duty of the Village Administrator to make an order stating
such minimum restrictions as in the
judgment of the Village Administrator may be necessary to adequately guard against unlawful
uses of the village's wastewater system. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4,
passed 2-13-78) Penalty, see ~51.999


~ 51.055 Temperature Control
The direct discharge of storm and boiler blow-offs is prohibited along with the discharge of any
wastewater at a temperature above 150 °F. (65C). In areas where hydrogen sulfide
production is of unusual significance in wastewater, this limit may be too high, and a lower limit
shall be set at the discretion of the Village Administrator. (Adopting Ord. 92-20, passed 9-28-
92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.056 Toxic Materials

The discharge of water containing dangerous levels of toxic materials including those listed
below, is limited to the regulation of the Village Administrator.

       (A) Substances having toxic effects, fire and explosive hazards, or corrosive properties.

       (B) Substances having a cumulative toxic effect in the food chain.

       (C) Substances that are refractory to biological degradation.

       (D) Heavy metals such as copper, zinc, and nickel which are additive in their effect of
       inhibition of the activated sludge process. The restriction shall be based on a
       summation of the concentration of these metals, each modified by a relative toxicity
       factor .

      (E) Mineral acids and alkaline metals that affect the concentration of hydrogen ions and
      hydroxyl ions in the wastewater. The pH of the wastewater should be between 6.0 and
      9.0.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


                                               85
                                Village of Swanton, Ohio 2010
~ 51.057 Wastewater Harmful to Wastewater Facilities

The discharge of all wastes that would damage or interfere with the operation of the
wastewater facility, subject to the provision of adequate pretreatment, is limited to the
discretion of the Village Administrator. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4,
passed 2-13-78) Penalty, see 51.999


~ 51.058 Wastewater Volume Determination

      (A) The volume of flow used for computing industrial waste surcharges shall be the
      metered water consumption of the user as shown in the records of water meter
      readings maintained by the village except as herein provided in this section.

      (B) If the user discharging industrial wastes into the public sewers procures any part, or
      all of this water from sources other than the village water system, all or part of which is
      discharged into the public sewer, the user shall install and maintain at his expense
      water meters of a type approved by the Village Administrator for the purpose of
      determining the volume of water obtained from those other sources.

      (C) The user discharging industrial wastes into the public sewers may install and
      maintain at his expense metering devices for determining the volume of waste being
      discharged to the public sewer, from which the industrial waste surcharge would be
      computed. The measuring devices shall be of a type acceptable to the Village
      Administrator.

      (D) The Village Administrator may require the installation of devices for measuring the
      volume of waste discharged, if these volumes cannot otherwise be determined from the
      metered water consumption records.

      (E) Any metering device for determining the volume of waste discharged to the public
      sewer shall be installed, owned and maintained by the user. Following approval and
      installation, such meters may not be removed without the consent of the Village
      Administrator.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999

                                  Design of Public Sewers

~ 51.070 Approval

All designs shall be approved by the Village Administrator prior to construction.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.071 Connection to Public Sewer

The connection of the building sewer into the public sewer shall be made at a Y-tap, which
shall be installed by the applicant and which shall have a clean out brought up to ground level
using materials and specifications set forth in ~51.079. The location of the clean out shall be
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                                Village of Swanton, Ohio 2010
designated by the Supervisor of Public Services. (Adopting Ord. 92-20, passed 9-28-92) (Ord.
78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.072 Depth, Grade, Alignment and Change of Direction

Whenever possible the building sewer shall be brought to the building at an elevation below
the basement floor. No building sewer shall be laid parallel to or within three feet of any
bearing wall which might thereby be weakened. The depth shall be sufficient to afford
protection from frost. The building sewer shall be laid at uniform grade and in straight
alignment insofar as possible. Changes in direction shall be made only with properly curved
pipe and fittings. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty,
see ~51.999


~ 51.073 EPA Standard Applies

Sewers shall be designed in accordance with the Ohio Environmental Protection Agency
Design Guidelines. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)
Penalty, see ~51.999


~ 51.074 Independent Sewers Required; Exception

A separate and independent building sewer shall be provided for every building. However,
where one building stands at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, court, yard or
driveway, the building sewer from the front building may be extended to the rear building and
the whole considered as one building sewer. All costs and expenses incidental to the
installation, connection and maintenance of a building sewer lateral shall be borne by the
owner. The owner and/or contractor shall indemnify the village from any loss, damage or
costs that may be directly or indirectly occasioned by the installation and/or maintenance and
operation of any building sewer.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.075 Laterals

The size and slope of the building sewer lateral shall be subject to the approval of the Village
Administrator, but in no event shall the diameter be less than 6”. The slope of such 6” pipe
may be not less than 1/8” per foot. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed
2-13-78) Penalty, see ~51.999


~ 51.076 Lifting Sewage by Artificial Means

In all buildings in which any building drain is too low to permit gravity flow to the public sewer,
sanitary sewage carried by such drain shall be lifted by approved artificial means and


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                                Village of Swanton, Ohio 2010
discharged to the building sewer. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-
13-78) Penalty, see ~51.999


~ 51.077 Removal of Sewer by Village; Charges a Lien

The Village Administrator may cause to be taken up or removed any drain or sewer
constructed in violation of ~51.079 so far as the same is within the limits of any public
property, thereby disconnecting such sewer or drain from any pubic sewer, unless the owner
or person benefited by the drain or sewer provides a trap therefore. The costs and expenses
of removal shall constitute a charge against the owner of and be a lien upon the property
intended to be drained by such drain or sewer, and if not paid upon demand by the Village
Administrator the same shall be certified to the Fulton County Auditor to be placed upon the
tax duplicate for such property, or shall be otherwise collected. (Adopting Ord. 92-20, passed
9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.078 Trap Required

It shall be a minor misdemeanor for the owner of any property abutting upon any public sewer,
or which is drained or may be drained by any public sewer, to construct, cause or suffer to be
constructed from his property or any part thereof any drain or sewer to connect with any public
sewer unless there is provided for an attached to the drain or sewer a good and sufficient trap.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.079 Type of Pipe Required

       The building sewer shall conform to the following specifications:

              Pipe               Material Spec.                 Joint Spec.
              PVC                ASTM C-3034
                                (SDR35 or less)                 ASTM D-3212
              PVC                ASTM C-3033
                                 (SDR 35 or less)               ASTM D-3212
              ABS (8” and over) ASTM D-2680                     ASTM D-2680
              ABS (4” and 6”)    ASTM D-2661                    ASTM D-2661
              Asbestos Cement ASTM C-428                        ASTM D-1869
              Asbestos Cement ASTM C-644                        ASTM D-1869
              Cast Iron          AWWA C-106                     AWWA C-111
              Clay               ASTM C-700                     ASTM C-425

Pipe other than listed above shall be permitted only when approved by the Engineer. The
approval will be subject to depth of installation, trench width, soil conditions, and locations of
the pipe. To make transitions and connections, watertight adapters and/or flexible couplings
with stainless steel bands shall be used. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4,
passed 2-13-78; Am. Ord. 78-24, passed 8-14-78) Penalty, see ~51.999



                                                 88
                                 Village of Swanton, Ohio 2010
~ 51.080 Use of Old Sewer for New Buildings

Old building sewers may be used in connection with new buildings only when they are found,
on examination and test by the Public Services Supervisor, to meet all requirements of this
chapter. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see
~51.999


                    Construction of Public Sewers and Building Sewers


~ 51.095 Abandoned Laterals

Sanitary sewers in buildings to be demolished shall be permanently sealed, in a manner
acceptable to the Public Services Supervisor, before demolition is started. (Adopting Ord. 92-
20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.096 Barricades and Warning Lights; Restoration

All excavations for a building sewer installation shall be adequately guarded with barricades
and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other
public property disturbed in the course of the work shall be restored in a manner satisfactory to
the Public Services Supervisor. All excavations in roadway areas shall be back filled with well
compacted sand or gravel, tamped in place. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-
4, passed 2-13-78) Penalty, see ~51.999


~ 51.097 Installation

The requirements for bedding, haunching and initial back filling shall be in accordance with the
following:

      (A) Bedding. A minimum layer of 6-inch bedding consisting of 000T #8 granular
      bedding material shall be provided upon a stable undisturbed subgrade. If an unstable
      subgrade is encountered, the Village Administrator or his duly authorized representative
      shall determine the method of building required subgrade support.

      (B) Haunching. After the pipe has been placed on the approved bedding material, 000T
      #8 granular material shall be placed around the sides of the pipe from the undisturbed
      trench wall to the pipe. Under no circumstances shall the maximum allowable trench
      width for the type, size and depth of pipe be exceeded. Unless otherwise approved or
      ordered, the maximum allowable trench widths measured at the top of the pipe shall be
      27-inches for 6 and 8-inch diameter pipe, 30-inches for 10-inch diameter pipe, 33-
      inches for 12-inch diameter pipe.

      (C) Initial Back fill. No back fill shall be placed until after inspection is completed by the
      Public Services Supervisor or his duly authorized representative. After the haunching


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                                 Village of Swanton, Ohio 2010
       of the pipe has been completed, the pipe shall be covered with 000T #8 granular
       material to a plane, 6-inches above the top of the pipe.

      (D) Back fill. Upon completion of the initial back fill, the best excavated material shall
      be used for back filling the trench. Trash, boulders, frozen soil, etc. shall not be used
      as back fill material. If the pipe is laid under a pavement or berm area, the pipe shall be
      back filled with approved granular material, a minimum of 6-feet beyond the edge of the
      berm or edge of pavement in absence of a berm.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.098 Owner to Pay Costs, Indemnify Village for Damages

All costs and expenses incident to the installation and connection of the building sewer shall
be borne by the owner. The owner shall indemnify the village for any loss or damage that may
directly or indirectly be occasioned by the installation of the building sewer. (Adopting Ord. 92-
20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.099 Permit Required
No unauthorized person shall uncover, make any connections with or opening into, use, alter
or disturb any public sewer or appurtenance thereof without first obtaining a written permit
from the Village Administrator.(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-
78) Penalty, see ~51.999


~ 51.100 Submission of Plans

Upon completion of construction, drawings shall be corrected to represent the “as-built”
elevations, grades and sizes. One reproducible print shall be supplied to the village.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


                     Inspection of Public Sewers and Building Sewers


~ 51.115 Applicant to Notify When Work Ready for Inspection and
          Connection

The applicant for the building sewer permit shall notify the Village Administrator when the
building sewer is ready for inspection and connection to the public sewer. The connection
shall be made under the supervision of the Public Services Supervisor.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999

~ 51.116 Classes of Permits; Application and Fee

       (A) There shall be two classes of building sewer permits as follows:

              (1) For residential and commercial use, and
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                                  Village of Swanton, Ohio 2010
              (2) For service to establishments producing industrial wastes.
       (B) In either case, the owner or his agent shall make application on a special form
       furnished by the village. The permit application shall be supplemented by any plans,
       specifications or other information considered pertinent in the judgment of the Village
       Administrator. A permit and inspection fee of $650.00 shall be paid to the Clerk-
       Treasurer at the time the application is filed.
(Adopting Ord. 97-27, passed 10-27-97) (Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-
13-78; Am. Ord. 91-10, passed 7-15-91) Penalty, see ~51.999


~ 51.117 Inspection of Existing Facilities

The Village Administrator and his authorized agents and employees are granted the right to
enter any and all properties and buildings, public and private, upon reasonable notice and at a
reasonable time to inspect sewer connections any appurtenances thereto, to collect samples
of wastes, and to test for violators of these rules and regulations. (Adopting Ord. 92-20,
passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.118 Inspection of New Laterals

The building sewer lateral and its connection into the main sanitary sewer shall be left exposed
for inspection and approval of the Public Services Supervisor or his duly authorized agent.
Upon approval, the Public Services Supervisor will authorize the placing of back fill over the
connection and pipe at which time the building sewer lateral may be used for its intended
purpose. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see
~51.999


~ 51.119 Notification

Prior to commencing any construction of public or building sewers a minimum of 24 hours’
notice shall be given to the office of the Public Services Supervisor. No construction of sewers
shall be allowed on legal holidays, Saturdays, Sundays, or after 4:30 p.m. unless written
permission is obtained from the Village Administrator. The Village Administrator may require
the payment by the contractor if inspection costs for work performed on days and at times
listed in the written permission. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-
13-78) Penalty, see ~51.999


                           Private Sewers and Sewage Disposal


~ 51.135 Conflict with Requirements of Health Officer

No statement contained in this chapter shall be construed to interfere with any additional
requirements that may be imposed by the Ohio Environmental Protection Agency. (Adopting
Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)


                                               91
                                 Village of Swanton, Ohio 2010
~ 51.136 Connection to Public Sewer Required When Available

At such time as a public sewer becomes available to a property served by a private sewage
disposal system, a direct connection shall be made to the public sewer in compliance with this
chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be
abandoned and filled with suitable material.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.137 General Conditions

All private sewers shall be subject to the conditions set forth in this chapter.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.138 Health District Recommendations; Subsurface Soil
          Absorption; Discharge to Public Sewer or Natural Outlet

The type, capacities, location and layout of a private sewage disposal system shall comply
with all recommendations of the Ohio Environmental Protection Agency and be approved in
writing by the Fulton County Health Department. No permit shall be issued for any private
sewage disposal system employing subsurface soil absorption facilities where the area of the
lot is less than 15,000 square feet. No septic tank or cesspool shall be permitted to discharge
to any public sewer or natural outlet.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.139 Owner’s Responsibility

      (A) All costs and expenses incidental to the installation, connection and maintenance of
      a building sewer lateral shall be borne by the owner. The owner, and/or contractor shall
      indemnify the village from any loss, damage or costs that may directly or indirectly be
      occasioned by the installation and/or maintenance and operation of any building sewer.

      (B) The owner’s responsibility for repair is limited to the property street right-of-way.
      The owner remains liable for clean-outs to the sewer main. Repairs beyond the right-
      of-way, on public property, are the responsibility of the village.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78; Am. Ord. 91-10, passed
7-15-91) Penalty, see ~51.999

~ 51.140 Permit Required; Application and Fee

Before commencement of construction of a private sewage disposal system, the owner shall
first provide written proof to the Village Administrator that such system has been approved by
the County Health Department. (adopting Ord. 92-20, passed 9-28-92)




                                               92
                                Village of Swanton, Ohio 2010
~ 51.141 Required Improvements

The village may require improvements to private sewers to reduce infiltration and/or inflow or
require a sewage meter be installed to meter the infiltration and/or inflow to determine an
accurate sewage charge. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)


~ 51.142 Sanitary Operation and Maintenance

The owner shall operate and maintain the private sewage disposal facilities in a safe and
sanitary manner at all times at no expense to the village. (Adopting Ord. 92-20, passed 9-28-
92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


                                      Revenue Schedule


~ 51.155 Declaration of Necessity

It is hereby determined and declared to be necessary to the protection of the public health,
safety, welfare and convenience of the citizens of the village to establish and collect charges
upon all lots, lands and premises served by or having connections with the village sewerage
system. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)


~ 51.156 Sewer Revenue Fund; Uses

      (A) All funds received from the collection of the rates and charges provided in ~51.157
      shall be deposited regularly in the Village Treasury, who shall keep the same in a fund
      designated “Sewer Revenue Fund”, subject to the provisions of any ordinance or
      indenture of mortgage authorizing and securing the issuance of mortgage revenue
      bonds for such system.

      (B) Monies in the Fund shall be used for the payment of costs of construction,
      management, maintenance, operation and repair of the sewerage system and sewage
      pumping, treatment and disposal works, and for the payment of debt charges on bonds
      issued for the construction, extension and improvement of the system.. Any surplus in
      such fund over and above the requirements previously mentioned may be used for
      additions, betterment, enlargement and replacement of the system and parts thereof,
      for the payment of such debt, but shall not be used for any other purpose which would
      be contrary to the purposes permitted under R.C. ~729.52.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)




                                               93
                                Village of Swanton, Ohio 2010
~ 51.157 User Charges - Wastes of Normal Concentration
      (A) A user charge shall be levied on all users of the wastewater treatment works to
      provide funds necessary to pay for the cost of operation and maintenance of such
      works. The user charges must result in the distribution of all cost of operation and
      maintenance of the treatment works to each user, or user class, in proportion to such
      users contribution to the total wastewater loading of the treatment works. Factors such
      as strength, volume and delivery flow rate characteristics shall be considered and
      included as the basis for the user’s contribution to ensure a proportional distribution of
      operation and maintenance costs. The method to be used to establish the user
      charges for wastes within the limits of normal concentrations as defined in ~ 51.052
      shall be defined in this section. The method to be used to establish the user charge -
      extra strength surcharge for wastes in excess of normal concentrations shall be defined
      in ~51.159.

      (B) The volume of wastewater from each user shall be subject to a base user charge
      per 1,000 gallons, as follows:

             (1) Charges for each billing period during a calendar year shall be based upon
             the following values for that calendar year:
                     (a) Estimated total operation and maintenance expenses, excluding those
                     expenses attributable to debt service costs and excluding any expenses
                     classified as reimbursable expenses;
                     (b) Estimated annual revenue from extra strength surcharges; and
                     (c) Estimated total water consumption subject to Sanitary Sewer Charges
             (2) The base user charge per 1,000 gallons shall equal:
                     (a) Estimated total operation and maintenance expenses pursuant to
                     division (B)(1)(a) above
                     (b) Estimated revenue from extra strength surcharges
                     (c) Estimated water consumption subject to sanitary sewer charges, in
                     1,000 gallons.

      (C) User charges levied pursuant to this section shall be billed pursuant to ~51.162.
      The rates shall be as pursuant to ~51.161.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)


~ 51.158 Debt Service Charges - Wastes of Normal Concentration

      (A) A debt service charge shall be levied on all users of the wastewater treatment works
      to provide funds necessary to meet all principal and interest payments on the village’s
      share of the wastewater treatment works construction and to generate funds for new
      capital improvements in the wastewater treatment works (including the collection
      system). The method to be used to establish the debt service charges for wastes within
      the limits of normal concentrations (as defined in ~51.052) shall be defined in this
      section. The method to be used to establish the debt service charge - extra strength
      surcharge for wastes in excess of normal concentrations shall be defined in ~51.159.

      (B) The volume of wastewater from each user shall be subject to a base debt service
      charge per 1,000 gallons, as follows:

                                               94
                                  Village of Swanton, Ohio 2010
             (1) Charges for each billing period during a calendar year shall be based upon
             the following values for that calendar year:
                     (a) Total debt service payments attributable to the wastewater treatment
                     works (and attributable to sanitary sewer charges as the source of
                     revenues for such payments);
                     (b) The annual budget amount established by the Village Council to be
                     allocated for new capital improvements in the wastewater treatment
                     works; and
                     (c) Estimated total water consumption subject to sanitary sewer charges.
             (2) The base debt service charge per 1,000 gallons shall equal
                     (a) Total debt service payments pursuant to division (B)(1)(a) above plus
                     (b) Annual budget amount for new capital improvements pursuant to
                     division (B)(1)(b) above
                     (c) Estimated water consumption subject to sanitary sewer charges, in
                     1,000 gallons.
       (C) Debt service charges pursuant to this section shall be billed pursuant to ~51.162.
       The rates shall be as pursuant to ~51.161.

      (D) In addition to the charges set forth in paragraph (A) of this Section, an
      infiltration and inflow (I&I) capital expansion charge shall be made for each tap into the
      sanitary sewerage system. This portion of the capital expansion charge shall be $2.00
      for each gallon per day (gpd) entering the sewerage system from within the Village and
      $4.00 for each gallon per day entering the sewerage system from outside the Village.
      The flow used in the calculation of this charge shall be determined by using one of the
      methods described in (1), (2), or (3) in this Section.
              (1) If the Ohio Environmental Protection Agency has issued a Permit to Install for
              all of the facilities tributary to a tap, this charge shall be based on the average
              daily design flow in gpd as stated in the Application for the Permit to Install.
              Flows shall be based upon the Ohio EPA Flow Guide attached as Appendix A.
              (2) If all of the facilities tributary to a tap are residential, this charge shall be
              based on a flow of 400 gpd per dwelling unit ($800.00 inside the Village per
              home; $1600.00 outside the Village per home.)
              (3)If the facilities tributary to a tap do not meet the parameters of (a) or (b) in this
              Section, the sewer customer shall submit all information necessary, including
              supporting data acceptable to the Village, to establish an average design flow for
              the facilities.
(Adopting Ord. 2003-32, passed 8-25-03) (92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-
78)

~ 51.159 Extra Strength Surcharges - (For User Charges and Debt
          Service Charges)

       (A) In addition to the base user charges and debt service charges applicable pursuant
       to ~51.157 and 51.158, users discharging pollutants to the wastewater treatment works
       of the village, whose average concentration, as defined in ~51.052, in one or more
       classifications exceeds in any month that concentration defined as normal in ~51.052
       for the corresponding classification, shall be subject to surcharges calculated as
       follows:


                                                  95
                    Village of Swanton, Ohio 2010
(1) Surcharges for each billing month during a calendar year shall be based upon
the following values for that calendar year:
        (a) Estimated total operation and maintenance expenses pursuant to
        ~51.157 (B)(1)(a) C to;
        (b) Total debt service payments pursuant to ~ 51.158 (B)(1)(a)Ctd;
        (c) Estimated total pounds of BOD received at the plant Bt; and
        (d) Estimated total pounds of suspended solids received at the plant St.
        Data not available shall be established in the most practicable manner
        possible.

(2) Surcharge on user charges per pound of BOD in excess of normal equals:

                              Cto x 0.3
                                 Bt

(3) Surcharge on user charges per pound of suspended solids in excess of
normal equals:
                            Cto x 0.3
                               St

(4) Surcharge on debt service charges per pound of BOD in excess of normal
equals:
                            Ctd x 0.25
                                Bt
(5) Surcharge on debt service charges per pound of suspended solids in excess
of normal equals:
                            Ctd x 0.25
                                St

(6) Pounds of BOD per billing period subject to surcharge equals: (Average
concentration of BOD, calculated pursuant to ~51.050, in milligrams per liter
minus 200 milligrams per liter) times volume of
wastewater discharged from the user to the wastewater treatment works per
billing period, in 1,000 gallons, times 0.00834. If average concentration of BOD
is 200 milligrams per liter, or less, no surcharge for BOD shall apply.

(7) Pounds of suspended solids per billing period subject to surcharge equals:
(Average concentration of suspended solids, calculated pursuant to ~51.050, in
milligrams per liter minus 240 milligrams per liter) times volume of wastewater
discharged from the user to the wastewater treatment works per billing period, in
1,000 gallons, times 0.00834. If average concentration of suspended solids
is240 milligrams per liter, or less, no surcharge for suspended solids shall apply.

(8) Surcharge on user charges equals (pound of BOD calculated pursuant to
division (A)(6) above times (surcharge per pound calculated pursuant to division
(A)(2) above; plus (pounds of suspended solids calculated pursuant to division
(A)(7) above items (surcharge per pound calculated pursuant to division (A)(5)
above.


                                 96
                                Village of Swanton, Ohio 2010
             (9) Surcharge on debt service charges equals (pounds of BOD calculated
             pursuant to division (A)(6) above times (surcharge per pound calculated
             pursuant to division (A)(4) above; plus pounds of suspended solids calculated
             pursuant to division (A)(7) above times (surcharge per pound calculated
             pursuant to division (A)(3)) above.

             (10) Formulas as contained in divisions (A) (2), (3), (4) and (5) above shall be
             subject to adjustment as necessary, based upon annual audit of sewer revenue
             fund expenses.

      (B) Surcharges may also be established for pollutants other than those provided for in
      this section which are permitted to be discharged to the wastewater treatment works by
      the village, after pretreatment, or without pretreatment.

      (C) Surcharges levied pursuant to this section shall be billed quarterly or as otherwise
      established by the Village Council. The rates shall be as pursuant to ~51.161.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)


~ 51.160 Industrial Cost Recovery Surcharge

      (A) In addition to the applicable base user charges and debt service charges pursuant
      to ~51.157 and ~51.158, and in addition to any applicable surcharge for wastes in
      excess of normal pursuant to ~51.159, all users in the industrial user class shall be
      levied an industrial cost recovery (ICR) surcharge in order that their proportionate share
      of the federal grant for the wastewater treatment plant improvements (Federal Project
      Number C 390 957) will be recovered, provided, however, that pursuant to U.S. Public
      Law 95-217, Section 24B industrial users
      discharging the equivalent of 25,000 gallons a day or less, of any sanitary waste, which
      does not contain any pollutants that: interfere with the treatment processes, are
      incompatible, or contaminate or reduce the utility of the sludge treatment works are
      exempted from the surcharges required herein. Upon application in writing, the
      Superintendent shall make such determination. All users in the non industrial user
      class shall be exempt from the surcharges required in this section.

      (B) The ICR surcharges shall be calculated as follows:
            (1) Surcharges for flow for each billing period during a calendar year shall be
            based upon the design average flow for the wastewater treatment plant
            (expressed in 1,000gallons/day): Design average flow equals 920,000
            gallons/day, (Qd = 920).

             (2) The ICR surcharge per 1,000 gallons of water metered for each industry
             subject to the grant recover surcharges equals:
                                     (Grant Amount + 30)
                                           Qd x 365

The “Grant Amount” shall be determined by their U.S. Environmental Protection Agency for
project No. C 390 957.


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                        Village of Swanton, Ohio 2010
      (3) The ICR Surcharges for each billing period for industrial wastes having
      biochemical oxygen demand and suspended solids concentrations above the
      normal pursuant to ~51.052 shall be based upon the design BOD and
      suspended solids loading for the wastewater treatment plant (expressed in
      pounds per day): Design BOD loading equals 1,534 pounds per day (Bd);
      Design suspended solids loading equals 1,841 pounds per day (Sd).

      (4) The ICR surcharge per pound of BOD in excess of normal equals:
                         0.25 x (Grant Amount + 30)
                                  Bd x 365

      (5) The ICR surcharge per pound of suspended solids in excess of normal
      equals:
                         0.25 x (Grant Amount) + 30
                                  Sd x 365

      (6) Pounds of BOD per billing period subject to ICR surcharge shall be calculated
      pursuant to ~51.159 (A)(6).

      (7) Pounds of suspended solids per billing period subject to ICR surcharge shall
      be calculated pursuant to ~51.159 (A)(7).

      (8) The grant recovery provisions of this section shall remain in effect for a period
      of 30 years commencing on the date on which this chapter takes effect.

      (9) The ICR surcharge revenues collected by the village shall be distributed as
      follows:

             (a) Fifty percent of the ICR surcharges and any interest earned thereon,
             shall be reimbursed to the U.S. Treasury annually in accordance with U.S.
             Environmental Protection Agency regulations.
             (b) Forty percent of the ICR surcharges shall be retained by the village
             and may be used only for purposes of expansion and
             reconstruction of the wastewater treatment works. Written permission
             must be obtained from the Regional Administrator of the U.S.
             Environmental Protection Agency before expenditures from these retained
             amounts can be made. Pending use, the village shall invest the retained
             amounts for reconstruction and expansion in accordance with the rules
             and regulations established by the U.S. Environmental Protection Agency.
             (c) Ten percent of the ICR surcharges may be utilized by the village as
             deemed proper. There are no U. S. Environmental Protection Agency
             restrictions on how this portion of the ICR revenues can be expended.

      (10) Formulas as contained in divisions (B)(4) and (5) above shall be subject to
      adjustment as necessary, based upon an annual audit and review of the ICR
      surcharges.

(C) Surcharges levied pursuant to this section shall be billed annually or as otherwise
established by the Village Council. The rates shall be as pursuant to ~51.161.

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                                  Village of Swanton, Ohio 2010
       (D) Within the limitations of all applicable federal, state and local laws, the Federal
       Environmental Protection Agency shall have the right to audit industrial waste discharge
       records.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78; Am. Ord.78-8, passed 4-
24-78)


~ 51.161 Wastewater Collection and Treatment Rates

      (A) Rate Structure Within Village Corporation Limits.

      Gallons                                         Rates
      0 - 2,000                                      $ 15.23 minimum charge
      2,001 and above                                $ 5.89 per thousand gallons, or part
                                                     thereof, in excess of minimum.


      (B) Service Outside the Village Limits.
      Gallons                                    Rate
      0 - 2,000                                  $ 41.72 minimum charge
      2,001 and above                            $ 16.26 per thousand gallons, or part
                                                  thereof, in excess of minimum.

      (C) User Surcharges

      Extra Strength Surcharges:
      BOD:         1. User Charges         $0.12/lb. BOD
                   2. Debt Service Charges $0.08/lb. BOD
                   Total                   $0.20/lb. BOD

      Suspended Solids:
      User Charges                      $0.14/lb. Suspended Solids
      Debt Service Charges              $0.08/lb. Suspended Solids
      Total                             $0.22/lb. Suspended Solids

      Industrial User Class
       Industrial Cost Recovery Surcharge
             Base Rate                 $0.21/1,000 gallons
             BOD surcharge rate        $0.04/lb. BOD

             Suspended Solids
             surcharge rate             $0.04/lb. Suspended Solids

The Sanitary Sewer Charge rates shall be reviewed annually and shall be revised periodically,
as required, to reflect actual treatment works operation, maintenance and debt service
payment costs.
(Adopting Ord. 2006-18, passed 9-11-06) (Ord. 2002-29, passed 8-12-2002)(Ord. 99-21,
passed 9-13-99)(Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78; Am. Ord. 80-19,
passed 8-25-80; Am. Ord. 92-11, passed 6-8-92).

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                                Village of Swanton, Ohio 2010
~ 51.162 Method of Payment

For the purposes provided in ~51.156 and this section, there is hereby levied and charged
upon each lot, parcel of land or premises having an active connection with the system or
otherwise discharging sewage, industrial wastes, water or other liquids, either directly or
indirectly, into the village system, sewage charges computed, and in an amount determinable
as follows:

      (A) Wherever more than one family unit or more than one business professional or
      commercial establishment or a combination of one or more family units, business,
      professional or commercial establishments are supplied by one water meter, then the
      sewer rental rate shall be applied to each family, business, professional or commercial
      establishment in the same manner as though a separate water service and meter
      supplied each family or each business, professional or commercial establishment. This
      section shall include, but shall not be limited to, mobile homes. The largest charge will
      be applied to each family, business, professional or commercial establishment before
      the next lower rate is applied in determining the sewer rental rate.

      (B) The sewage rental charge shall be paid monthly according to the billing procedure
      established from time to time by the Village Council.

      (C) The foregoing rates shall be considered net charges for sewer service if paid within
      a period of 20 days next following the date of billing. If paid after such 20-day period,
      the applicable charges shall be at the gross rate which shall be 10% greater than the
      net charge.

      (D) With respect to any such premises situated outside of the corporate limits of the
      village, which premises now or hereafter has active connections with the system
      pursuant to authorization of the Village Council, the charges shall be the same as the
      charges for service inside the corporate limits, plus a surcharge in addition thereto
      equal to 100% of such or gross charges.

      (E) There is hereby established a turn-on and shutoff charge of $10 per occurrence.

      (F) The Village Council shall establish from time to time a charge for new or additional
      taps into sewerage system.

      (G) Each classification of service of the sewerage system as established by the Village
      Council shall be charged the minimum charge and any and all other charges over and
      above such minimum charge as are applicable under ~51.161.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-34, Ord. 80-26) (Ord. 78-4. passed 2-13-78)


~ 51.163 Charges a Lien

Charges shall constitute a lien upon the property served by such connection, and if not paid
within 90 days shall be certified to the Fulton County Auditor and shall be collected in the
same manner as other village taxes. The village shall have the right in the event of


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                                 Village of Swanton, Ohio 2010
nonpayment to discontinue water service to such premises until the unpaid charges have been
fully paid. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)


~ 51.164 Measurement and Determination of Water Used

The following methods shall be used to determine the sewage charges provided by ~51.161
upon premises served by the system:

             (A) On premises using water exclusively supplied by the municipal water works
             and having a water meter acceptable to the village, the quantity of water used,
             as measured by such meter, shall determine the sewer charge as provided
             herein.

             (B) On premises using water exclusively supplied from other sources than the
             municipal waste works, where the quantity of water used is not measured by a
             water meter or is measured by a water meter not acceptable to the village, the
             owner or other interested party may be required at his expense to install and
             maintain an acceptable water meter. The quantity of water used, as measured by
             such meter, shall determine the water quantity for the sewage charge as
             provided herein, or such water quantity may be established by negotiation
             between such owner or interested party and the village.

             (C) On premises using water supplied both by the municipal water works and
             from other sources not measured by a meter acceptable to the village, such
             owner or other interested party may be required at his expense to install and
             maintain an acceptable water meter to measure water from such other sources.
             The quantity of water used as measured by such meter, plus such measured
             quantity as supplied by the municipal water works, shall determine the water
             quantity for the sewage charge as herein provided, or such water quantity may
             be established by negotiation between such owner or interested party and the
             village.

             (D) In the event it can be shown to the satisfaction of the village, with respect to
             any premises, that a portion of the water from any source used thereon does not
             and cannot enter the system, then the owner or other interested party may at his
             expense install and maintain separate water meters where necessary to show
             only that portion of water used which is discharged into the system. That
             quantity of water used as measured by such meter showing discharge into the
             system shall determine the sewage charge thereon at the rates provided herein.
             If the quantity of water being discharged into the system is established by
             negotiation, such negotiated quantity at the rate provided herein shall determine
             the sewage charge thereon. Swimming pools and similar uses shall be
             negotiated and the volume of water used may be established by the volume of
             the container and the volume of the water which does not enter into the sewage
             system.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)



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                                  Village of Swanton, Ohio 2010
~ 51.165 Fire Hydrants Exempted

No water supplied by the village water works system for extinguishing fires or furnishings or
supplying water to fire hydrants and/or risers for sprinkler systems shall be used to determine
any sewer charge as set forth in ~51.161. (Adopting Or. 92-20, passed 9-28-92) (Ord. 78-4,
passed 2-13-78; Am. Ord. 79-5, passed 4-9-79)

~ 51.166 Effective Date of Charges

The rates and charges established by ~51.161 shall take effect for the month beginning
January 1, 1980 and thereafter shall be billed become payable as provided in ~51.167. The
Village Council is hereby authorized to make such adjustments as it may deem equitable or
necessary with respect to the amount of charges to any premises made for the first bill period
after January 1, 1980, in order to reflect the proper determination as to the volume of water
used during the period in accordance with ~51.164. (Adopting Ord. 92-20, passed 9-28-92)
(Ord. 78-4, passed 2-13-78; Am. Ord. 79-5, passed 4-9-79)
 ~ 51.167 Method of Collecting Charges

       (A) The sewer charges provided in ~51.161 shall be payable monthly or quarterly at the
       municipal building. Charges established with respect to premises served by the village
       water works system shall be include in and payable with the village water bill to such
       premises. With respect to premises not so served, charges shall be billed and payable
       at the same times as the village water bills are rendered and become payable. Any
       building or premises making connections with the system and using the same after April
       1, 1978, shall be charged a per diem prorate amount based upon the quarter or annual
       minimum charge from the time such sewer connection is made or such discharge into
       the system, either directly or indirectly, is begun until the commencement of the next
       following billing period applicable to such premises. However, should the measured
       service exceed the minimum charge, the measured rates shall be charged.

      (B) All property owners or other interested persons owning or being in charge of
      properties situated where sewer facilities are available and having sanitary sewage or
      industrial wastes shall connect all drains with the village sewer system and pay the
      sewerage rental rates herein established.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78) Penalty, see ~51.999


~ 51.168 Exemption of Sewer Charge on Initial Filling of Swimming
          Pools

Users shall not be charged for sewer charge the first time a new pool is filled upon initial
construction. Users shall read the water meter before and after the pool is filled, and report
the meter readings to the Village. The water bill for this period after initial construction shall
reflect a charge for water only. (Adopting Ord. 94-19, passed 9-12-94)




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                                Village of Swanton, Ohio 2010
                           Service Extension Outside the Village

~ 51.180 Cost of Material and Labor
The owners of the premises outside the village who desire sewer service shall pay the cost of
materials and labor for the extension of such service outside the village limits, or is already
extended, from the point of extension to the premises to be served. Such cost shall be paid by
the owners of parcels served and benefited. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-
4, passed 2-13-78)


~ 51.181 General Conditions

             (A) The Village may extend sewer services to premises outside of the Village
             limits according to the following provisions:

                    (1) (a) If said property is contiguous to the Village of Swanton, properties
                    must be annexed to the Village prior to extension of service, whether or
                    not a sewer line is accessible to their premises; or (b) With approval of
                    Village Council, is said property is contiguous to the Village of Swanton,
                    the property owner agrees to file for annexation of said property at the
                    property owner’s expense as soon as legally possible and pursue all
                    appeals relative to said annexation; and enter into an agreement with the
                    Village of Swanton which sets forth terms for extension of service. Said
                    agreement shall be recorded in the land records of the county recorder.
                    No connection to said system shall be allowed until said annexation
                    petition is filed. For this provision to apply, a three-fourths (3/4) affirmative
                    vote of Council is necessary.
                    (2) If annexation is not legally possible, sewer service may be extended
                    upon the execution of an agreement between the Village and the property
                    owner(s) that they will petition for annexation, at their expense, as soon as
                    legally possible. Such agreement will be recorded in the land records of
                    the County Recorder and bind the successors in interest to owners’
                    property.
                    (3) If a main sewer line exists accessible to owners’ property, the Village
                    may charge, in addition to the tap-in fee and any extraordinary costs to
                    access such main line (i.e. road bore), that property’s proportionate share
                    of the main sewer line installation, if not already paid, together with a
                    reasonable amount of interest from the date the Village paid for the
                    project.
                    (4) If a main sewer line is not accessible to a property desiring sewer
                    service, the Village may extend a main sewer line and allocate all costs of
                    same to the abutting property owners. If payment arrangements are not
                    made prior to installation of the main sewer line, no property owner shall
                    be permitted to access such main sewer line until their proportionate
                    share of the cost of the main line is paid, together with a reasonable
                    amount of interest from the date of payment by the Village, and the
                    requirements of either paragraph (1) or (2), above, are satisfied.



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                                 Village of Swanton, Ohio 2010
      (B) For any extension to premises outside of the Village limits not already served, a
      two-thirds (2/3) affirmative vote of Council is necessary prior to extension of service.
(Adopting Ord. 2000-40, passed 1-22-01) (Ord. 97-31, passed 11-10-97) (Ord. 95-9, passed
3-27-95; Am. Ord. 92-20, passed 9-28-92; Am. Ord. 78-4, passed 2-13-78)


~ 51.182 Rates and Charges
The owners of the premises outside the village who desire sewer service shall comply with
such regulations for such services and shall pay such rates and charges incident to such
services as may be established from time to time by the Village Council. (Adopting Ord. 92-20,
passed 9-28-92) (Ord. 78-4, passed 2-13-78)


~ 51.999 Penalty

Any person who shall continue any violation beyond the time limit provided for in ~51.004 shall
be guilty of a misdemeanor of the fourth degree and, upon conviction thereof, shall be fined in
an amount not exceeding $250 for each violation and incarceration not more than 30 days.
Each day in which any such violation shall continue shall be deemed a separate offense.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-4, passed 2-13-78)




                                              104
                          Village of Swanton, Ohio 2010
                               Chapter 52: Water


Section
                               Fees and Charges

      52.01   Rate Structure
      52.02   Method of Payment
      52.03   Disconnection of Service
      52.04   Charges a Lien
      52.05   Disconnection Fee
      52.06   New Connection
      52.07   New Accounts
      52.08   Service Outside the Village Limits
      52.09   Sale of Bulk Water
      52.10   Submission of Plans
      52.11   Savings Clause


                              General Regulations

      52.20   Mandatory Connection
      52.21   Permit Required
      52.22   Maintenance of Service Lines
      52.23   Cross-Connection
      52.24   Construction of Water Mains; Submission of Plans
      52.25   Use of Old Water Lines for New Buildings
      52.26   Determination of Water Used
      52.27   Owner to Pay Costs, Indemnify Village for Damages
      52.28   Powers of the Village Administrator
      52.29   Tampering
      52.30   Sprinkler Meters


                              Backflow Prevention

      52.40   Surveys and Investigations
      52.41   Backflow Prevention Devices to be Installed
      52.42   Right of Entry of Superintendent; Information to be Furnished
      52.43   Discontinuance of Service for Violation
      52.44   Individual Fixture Devices or Air Gaps


      52.99   Penalties

                               Fees and Charges




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                                   Village of Swanton, Ohio 2010
~ 52.01 Rate Structure

There is hereby established the following rate structure for water furnished to premises inside
the Village limits supplied by the Swanton Municipal Water Works:


       Gallons                                      Rate
       0 - 2,000                                 $ 16.52 minimum charge
       2,001 and above                           $ 3.38 per thousand gallons
(Adopting Ord. 2006-17, passed 9-11-06) (Ord. 2002-30, passed 8-26-03) (99-20, passed 9-
13-99) (Ord. 92-20, passed 9-28-92) (Ord. 80-26, passed 11-10-80; Am. Ord. 90-5, passed 3-
26-90)

~ 52.02 Method of Payment

       (A) Water meters will be read quarterly with bills sent monthly. For those months in
       which the meter is not read, the bill will be based on an estimate of the water which will
       be used in the quarter. This estimate will be based on the previous quarter’s
       consumption, however this estimate may be modified by the Village Administrator.
       Upon subsequent reading of the meter, the bill will be adjusted to account for the
       difference between the estimated and the actual consumption. Bills will be sent on the
       15th of each month and will be due on the 25th of the same month, with a penalty of
       10% of the bill being assessed for late payment. The due date and/or the late charge
       may be modified by the Village Administrator in unusual or exceptional cases.

      (B) Wherever more than one family unit or more than one business, professional or
      commercial establishment are supplied by one meter, then the water created shall be
      applied to each unit as though a separate water meter supplied each unit. This section
      shall include, but not be limited to, mobile home courts. The largest charge will be
      applied to each unit before the next lowest rate is applied.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 80-26, passed 11-10-80)


~ 52.03 Disconnection of Service

The village shall disconnect utility service in accord with the following policies:

       (A) When it becomes necessary for the village to discontinue utility service to a
       customer for nonpayment of bills, service will be reinstated only after all bills for service
       then due have been paid and any deposit required has been made. It is the policy of
       the village to discontinue utility service to customers by reason of nonpayment of bills
       only after notice and a meaningful opportunity to be heard on disputed bills. The
       village’s form for allocation for utility service and all bills shall contain, in addition to the
       title, address, room number, and telephone number of the official in charge of billing,
       clearly visible and easily readable provisions to the effect:

                      (1) That all bills are due and payable on or before the date set forth on the
                      bill; and


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                                     Village of Swanton, Ohio 2010
                     (2) That if any bill is not paid by or before that date, a second bill will be
                     mailed containing a cutoff notice that if the bill is not paid within ten days
                     of the mailing of the second bill, service will be discontinued for
                     nonpayment; and
                     (3) That any customer disputing the correctness of his bill shall have a
                     right to a hearing at which time he may be represented in person and by
                     counsel or any other person of his choosing and may present orally or in
                     writing his complaint and contentions to the village official in charge of
                     utility billing. This official shall be authorized to order that the customer’s
                     service not be discontinued and shall have the authority to make a final
                     determination of the customer’s complaint.

       (B) Requests of delays or waiver of payment will not be entertained; only questions of
       proper and correct billing will be considered. In the absence of payment of the bill
       rendered or resort to the hearing procedure provided herein, service will be
       discontinued at the time specified (Adopting Ord. 92-20, passed 9-28-92).

      (C) The Village of Swanton reserves the right to discontinue utility service to any utility
      customer of the Village of Swanton who has not had an actual utility meter service
      reading conducted by village personnel for six (6) consecutive months. Thirty (30) days
      prior to any disconnection of utility service, Village personnel shall attempt to notify the
      utility customer by certified mail or personal service by posting a notice on the entry
      door to the premises requesting access to their property to obtain an actual utility
      service reading. If an actual reading is not obtained within ten (10) days after the
      attempted notification is made, utility service will be discontinued until an actual reading
      can be obtained. Prior to the restoration of service, the Village of Swanton will install an
      outside utility meter reader pad at the property at no cost to the customer to facilitate
      more efficient meter reading services
(Adopting Ord. 2008-24, passed 10-27-08).


~ 52.04 Charges a Lien

Water and sewer charges shall constitute a lien upon the property served, and, if unpaid, may
be certified to the Fulton County Auditor and shall be collected in the same manner as other
Village taxes. The Village shall reserve the right to discontinue water service to such premises
until such time as the unpaid charges are paid in full. (Adopting Ord. 92-20, passed 9-28-92;
Am. Ord. 80-26, passed 11-10-80)


~ 52.05 Disconnection Fees

A fee of twenty-five dollars ($25.00) will be charged whenever water service is cut-off at the
curb-box. This fee will be increased to thirty-seven dollars and fifty cents ($37.50) if the
disconnection is not performed during normal working hours. Normal working hours shall be
considered 7:00 a.m. - 3:30 p.m., Monday - Friday with the exception of Village Holidays.
There will be no charge for reconnection. (Ord. 97-34, passed 12-8-97)



                                                107
                                 Village of Swanton, Ohio 2010
~ 52.06 New Connection

For any new connection to the village water system inside the corporation limits of the Village
of Swanton, a tap-in charge of $1,000.00 will be assessed. For any approved new connection,
as provided in Section 52.08, to the village water system outside the corporation limits of the
Village of Swanton, a tap-in charge of $2,500.00 will be assessed. The village will, after
payment of this fee, install the tap, the curb box, and service line between the two, provided,
however, if a service line greater than one inch in diameter is required, all excess costs will be
paid by the owner. (Adopting Ord. 2004-31, passed 10-11-04) (Ord. 97-34, passed 12-8-97)
(Ord. 97-27, passed 10-27-97) (Ord. 92-20, passed 9-28-92) (Ord. 80-26, passed 11-10-80)


~ 52.07 New Accounts

For any individuals applying for a new account for water service with the village, a form must
be filed as supplied by the administrator providing necessary account information and
establishing the party responsible for payment. A deposit of $100.00 is required to establish
service at a rental property location inside the corporation limit of the Village of Swanton. A
deposit of $150.00 is required to establish service at a rental property location outside the
corporation limit of the Village of Swanton. Deposit refunds will only be made upon
termination of water and sewer utility service and the payment of all outstanding charges for
water and sewer utility service. (Adopting Ord. 2007-4, passed 2-26-07) (Ord. 97-34, passed
12-8-97) (Ord. 92-20, passed 9-28-92)


~ 52.08 Service Outside the Village Limits

      (A) There is hereby established the following rate structure for water furnished to
premises outside of the Village limits and supplied by the municipal water works:

      Gallons                                       Rate
      0 - 2,000                                 $ 45.29 minimum charge
      2,001 and above                           $ 4.75 per thousand gallons
(Adopting Ord. 2006-17, passed 9-11-06) (Ord. 2002-30, passed 8-26-02)(Ord. 99-20, passed
9-13-99)(Ord. 92-20, passed 9-28-92) (Ord. 80-26, passed 11-10-80; Am. Ord. 90-5, passed
3-26-90)

       (B) The Village may extend water services to premises outside of the Village limits
       according to the following provisions:

              (1) (a) If said property is contiguous to the village, properties must be annexed to
              the Village prior to extension of service, whether or not a water line is accessible
              to their premises; or
                   (b) With approval of Village Council, if said property is contiguous to the
              Village of Swanton, the property owner agrees to file for annexation of said
              property at the property owner’s expense as soon as legally possible and pursue
              all appeals relative to said annexation; and enter into an agreement with the
              Village of Swanton which sets forth terms for extension of service. Said
              agreement shall be recorded in the land records of the county recorder. No

                                               108
                                 Village of Swanton, Ohio 2010
             connection to said system shall be allowed until said annexation petition is filed.
             For this provision to apply, a three-fourths (3/4) affirmative vote of Council is
             necessary.

             (2) If annexation is not legally possible, water service may be extended upon the
             execution of an agreement between the Village and the property
             owner(s) that they will petition for annexation, at their expense, as soon as
             legally possible. Such agreement will be recorded in the land records of the
             County Recorder and bind the successors in the interest to owners’ property.
             Until annexation, said property will be charged out-of-village water rates.

             (3) If a main water line exists accessible to owners’ property, the Village may
             charge, in addition to the tap-in fee and any extraordinary costs to access such
             main line (i.e. road bore), that property’s proportionate share of the main water
             line installation, if not already paid, together with a reasonable amount of interest
             from the date the Village paid for the project.

             (4) If a main water line is not accessible to a property desiring water service, the
             Village may extend a main water line and allocate all costs of same to the
             abutting property owners. If payment arrangements are not made prior to
             installation of the main water line, no property owner shall be permitted to access
             such main water line until their proportionate share of the cost of the main line is
             paid, together with a reasonable amount of interest from the date of payment by
             the Village, and the requirements of either paragraph (1) or (2), above, are
             satisfied.

       (C) For any extension to premises outside of the Village limits not already served, a
       two-thirds (2/3) affirmative vote of Council is necessary prior to extension of service.
(Adopting Ord. 2000-40, passed 1-22-01) (Ord. 97-34, passed 12-8-97) (Ord. 95-8, passed 3-
13-95; Am. Ord. 92-20, passed 9-28-92) (Ord. passed 80-26, passed 11-10-80; Am. Ord. 90-
5, passed 3-26-90)


~52.09 Sale of Bulk Water

      (A) The Village Administrator is hereby authorized and empowered to sell bulk water
      from the Village Water Treatment Plant at the rate of $7.50 per 1,000 gallons, or
      fraction thereof, and with a minimum sale of 150 gallons.
      (B) The revenue generated from the sale of such bulk water shall be applied to the
      payment of the principal and interest of the bonds issued for the construction of the
      Village Water Treatment Plant, or for other expenses incident to the maintenance
      thereof, pursuant to R.C.~743.18, and deposited in the Water Fund.
(Adopting Ord. 97-34, passed 12-8-97) (Ord. 92-20, passed 9-28-92) (Ord. 92-5, passed 3-23-
92)




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                                 Village of Swanton, Ohio 2010
 ~ 52.10 Submission of Plans
Upon completion of construction of any water mains, drawing shall be corrected to represent
“as-built” elevations, grades and sizes. One reproducible print shall be supplied to the Village
(Adopting Ord. 92-20, passed 9-28-92; Am. Ord. 80-26, passed 11-10-80).


~ 52.11 Savings Clause

The invalidity of any paragraph, clause, sentence or provision of this Ordinance shall not affect
the validity of any other part of the Ordinance which can be given effect without such invalid
part or parts. In addition, nothing in this ordinance shall be construed as preventing any
special agreement or arrangement between the Village and any industrial or commercial user,
nor shall this ordinance be construed as affecting any existing or future customers whose
water service is based on a written contract between the Village and the customer, provided,
however, that any such contract shall have the concurrence of 2/3 of Council (Adopting Ord.
92-20, passed 9-28-92; Am. Ord. 80-26, passed 11-10-80).


                                     General Regulations

~ 52.20 Mandatory Connection

No person shall maintain or use or permit to be used upon any lot or land abutting upon or
adjacent and accessible to a water main, any premises or building not connected to the village
water system, unless the building contains no provisions for potable water (Adopting Ord. 92-
20, passed 9-28-92) (Ord. 80-26, passed 11-10-80).

~ 52.21 Permit Required

No unauthorized person shall uncover, make any connections with or alter or disturb any
appurtenance to the water system without first obtaining a written permit from the Village
Administrator (Adopting Ord. 92-20, passed 9-28-92) (Ord. 80-26, passed 11-10-80) Penalty,
~10.99.

~ 52.22 Maintenance of Service Lines
      (A) The Village shall be responsible to the maintenance of that portion of the service
      line between the main and the curb box, and shall maintain said portion in a manner as
      to insure an acceptable volume of water to the premises.

      (B) The property owner shall be responsible to the maintenance of that portion of the
      service line between the curb box and the premises.

      (C) In the event of a frozen line, the Village will make all reasonable attempts to thaw
      the frozen section, and if unsuccessful, to supply an alternative source of water until
      such item as the line can be thawed. Under no circumstances, however, will the Village
      bear any responsibility for the electrical thawing of lines.




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                                Village of Swanton, Ohio 2010
      (D) Should any customer desire a new service line between the main and the curb box,
      for any other reason than failure of the old line, the property owner shall pay all costs
      associated with the installation of the new line
(Adopting Ord. 95-7, passed 4-10-95; Am. Ord. 92-20, passed 9-28-92; Am. Ord. 80-26,
passed 11-10-80).


~ 52.23 Cross-Connection

No cross-connection between the village water supply and any other water supply shall be
allowed (Adopting Ord., 92-20, passed 9-28-92) (Ord. 80-26, passed 11-10-80) Penalty, see
~10.99.


~ 52.24 Construction of Water Mains; Submission of Plans

      (A) Prior to construction of new water mains, all plans and materials must be approved
      by the Village Administrator, in addition to pay other approvals required by law. All
      constructions will be in accordance with accepted engineering practice and American
      Water Works Association Standards and Ohio Environmental Protection Agency Design
      Standards relating to both construction methods and material. In addition, no back fill
      will be placed on any new construction until after inspection is completed by the Village
      Administrator or his duly authorized representative. The owner shall pay any costs
      resulting from said inspection.

      (B) Upon completion of construction of any water mains, drawing shall be corrected to
      represent ”as built” elevations, grades and sizes. One reproducible print shall be
      supplied to the village.

      (C) In addition to the requirements enumerated in paragraphs (A) and (B) of this
      Section, a bacteriological testing charge shall be made for each new, cleaned,
      or repaired water main in the Village of Swanton. The charge shall be $100.00
      for all testing necessary to meet Ohio Environmental Protection Agency
      disinfection requirements
(Adopting Ord. 2003-50, passed 12-8-03) (Ord. 92-20, passed 9-28-92) (Ord. 80-26, passed
11-10-80).

~ 52.25 Use of Old Water Lines for New Buildings
Old water services may be use in connection with new buildings only when they are found, on
examination, to meet all requirements (Adopting Ord. 92-20, passed 9-28-92) (Ord. 80-26,
passed 11-10-80).


~ 52.26 Determination of Water Used

The village will install and maintain in accordance with American Water Works Association
Standards a water meter of sufficient design and capacity to measure all water being used,
however, the village may charge for replacement of any meter damaged through abuse of the


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                                  Village of Swanton, Ohio 2010
user, in addition to other penalties that may be applied under this chapter (Adopting Ord. 92-
20, passed 9-28-92) (Ord. 80-26, passed 11-10-80) Penalty, see ~10.99.


~ 52.27 Owner to Pay Costs, Indemnify Village for Damages

All costs and expenses incident to the installation of water mains and connections, other than
those installations provided by the village, shall be borne by the owners. The owners shall
indemnify the village for any loss or damage that may directly or indirectly result from the
installation (Adopting Ord. 92-20, passed 9-28-92) (Ord. 80-26, passed 11-10-80).


~ 52.28 Powers of the Village Administrator

The Village Administrator shall manage and supervise the water system of the village including
the making of bylaws and regulations, to the extent not repugnant to municipal ordinances and
resolutions, deemed necessary by him for the safe, economical, and efficient management
and protection of such system. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 80-26, passed
11-10-80)


~ 52.29 Tampering

No person shall knowingly, without the consent of the village, tamper with a water meter or
attachment belonging to the village, or reconnect any water service which has been
disconnected by the village. In addition, no person shall knowingly consume any water that
has not been correctly registered because a meter or attachment has been tampered with. In
prosecution under this section, proof that a meter or attachment has been tampered with is
prima-facie evidence that the person who is obligated to pay for the service rendered through
the meter and is in possession or control of the meter or attachment at the time the tampering
occurred has caused the tampering with intent to violate this section. Further, proof that water
service has been reconnected without the consent of the village is prima-facie evidence that
the person in control or possession of the meter or is responsible for payment of the bill has
reconnected the service with intent to violate this section (Adopting Ord. 92-20, passed 9-28-
92) (Ord. 80-26, passed 11-10-80) Penalty, see ~10.99.
~ 52.30 Sprinkler Meters

      (A) Users may purchase and install meters exclusively supplying water to an outside
      faucet, and hereafter referred to as “sprinkler meter”.

      (B) Water supplied through the sprinkler meter may be used for lawns, pools and other
      outside activities not intended to result in treatment through the sanitary sewer system
      of the Village.

      (C) Users are responsible for all household plumbing required to connect the sprinkler
      meter, which shall be installed by the Village.

      (D) Village shall read and provide an invoice for water usage through the sprinkler
      meter once each calendar year.

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                                  Village of Swanton, Ohio 2010
       (E) Users shall be billed for water usage only, not the combined water/sewer rate
(Ord. 94-18, passed 9-12-94).


                                     Backflow Prevention

~ 52.40 Surveys and Investigations

      (A) It shall be the duty of the Superintendent of Water, or his duly authorized
      representative, to cause surveys and investigations be made of industrial and other
      properties served by the public water supply, and where necessary, for the safety of the
      public water system, the Superintendent of Water will give notice to the water consumer
      to install an approved backflow prevention device immediately.

      (B) The water consumer shall, at his own expense, obtain the necessary plumbing
      permit, and install such an approved device at a location and in manner approved by
      the Superintendent of Water, or his duly authorized representative, and shall have tests
      and inspection performed by a certified inspector annually, or as required by the
      Superintendent of Water, and all costs of repairs and tests shall be paid by the
      consumer. If the water consumer fails to install said device within 30 days after written
      notice from the Superintendent of Water, the Superintendent shall cause the installation
      of said device to be made and the cost thereof shall be charged through the
      consumer’s water bill.

      (C) All surveys and investigations shall be made a matter of public record, and the
      location and date of each installation of an approved backflow prevention device shall
      be properly recorded in a permanent file.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 76-18, passed 12-13-76)


~ 52.41 Backflow Prevention Devices to be Installed
Backflow prevention devices shall be installed in all locations as listed in the Ohio Environment
Protection Agency regulation EP 5-05, adopted April 15, 1972, and effective July 1, 1972, or
hereafter amended. No person, firm or corporation shall establish or permit to be established,
or maintain, or permit to be maintained, any connection whereby a private auxiliary or
emergency water supply, other than the regular public water supply of the village, may enter
the supply or distribution system of said municipality. (Adopting Ord. 92-20, passed 9-28-92)
(Ord. 76-18, passed 12-13-76) Penalty, see ~10.99


~ 52.42 Right of Entry of Superintendent; Information to be Furnished

The Superintendent of Water of the village or his duly authorized representative, shall have
the right to enter at any reasonable time any property served by a connection to the public
water supply or distribution system of the village for the purpose of inspecting the piping
system or systems thereof. On demand, the owner, lessees or occupants, of any property so
served shall furnish to the Superintendent of Water any information which he may request
regarding the piping system or systems or water use on such property. The refusal of such
information, when demanded, shall, within the discretion of the Superintendent of Water, be

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                               Village of Swanton, Ohio 2010
deemed evidence of the presence of improper connections as provided in this subchapter.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 76-18, passed 12-13-76)


~ 52.43 Discontinuance of Service for Violation

The Superintendent of Water is hereby authorized and directed to discontinue, after
reasonable notice to the occupant thereof, the water service to any property wherein any
connection in violation of the provisions of this subchapter is known to exist, and to take such
other precautionary measures as he may deem necessary to eliminate any danger of
contamination of the public water supply distribution mains. Water service to such property
shall not be restored until such conditions have been eliminated or corrected in compliance
with the provisions of this subchapter. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 76-18,
passed 12-13-76)


~ 52.44 Individual Fixture Devices or Air Gaps

The use of any approved backflow prevention device at the water service connection does not
in any way effect or eliminate the need for individual fixture devices, or air gaps as required by
Section BB-51-38 of the Ohio Building Code. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 76-
18, passed 12-13-76)


~ 52.99 Penalties

Whoever violates Section 5 of this ordinance is guilty of tampering with utility equipment. If the
cost of the water and sewer service stolen, plus the cost of repair or replacement of the
meters, conduits, or attachments damaged in violation of Section 5 is less than one hundred
fifty dollars ($150.00), tampering with utility equipment is a misdemeanor of the first degree. If
the cost of the water and sewer service stolen, plus the cost of repair or replacement of the
meters, conduits, or attachments damaged is one hundred fifty dollars ($150.00) or more, or if
the offender has previously been convicted of a violation of Section 5, tampering with utility
equipment is a felony of the fourth degree. Whoever violates Section 5 of this ordinance shall
make restitution to the utility for the cost of repair or replacement of the meters, conduits or
attachments damaged and for the value of the water and sewer service consumed.




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                                Village of Swanton, Ohio 2010
                                Chapter 53: Fees and Parts

Section


      53.01         Fees
      53.02         Parts


~ 53.01 Fees

      (A) Labor                         $ 35.00 / hr.

      (B) Backhoe & Operator            $100.00 / hr.

      (C) Chipper & Operator            $100.00 / hr.

      (D) Mower & Operator              $100.00 / hr.

      (E) Vactor & Operator             $150.00 / hr.

      (F) Dump Truck & Operator         $100.00 / hr.

      (G) Sludge Truck & Operator       $ 75.00 / hr. plus fuel

      (H) International Tractor & $ 75.00 / hr.
             Sludge Pump & Operator

      (G) Inspection Services         $ 25.00 / hr. regular time
                                        37.50 / hr. overtime
(Ord. 98-22, passed May 26, 1998) (Am. Ord. 97-27, passed 10-27-97)


~ 53.02 Parts

       (A) List Price Plus 10% (per cent)
(Ord. 97-27, passed 10-27-97)




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                                Village of Swanton, Ohio 2010
                                      Title VII: Traffic Code

Chapter


              70. General Provisions

              71. Traffic Regulations

              72. Bicycles, Snowmobiles and Motorcycles

              73. Parking Regulations

              74. Parking Schedules




                              Chapter 70: General Provisions

Section

      70.01         Adoption of State Law by Reference
      70.02         Traffic Directions in Emergencies
      70.03         Exceptions
      70.04         Drivers of Government Vehicles
      70.05         Parades and Assemblages
      70.06         Toy Vehicles on Roadway
      70.07         Placing and Maintaining Signs and Signals
      70.08         Motor Vehicle License Tax


~ 70.01 Adoption of State Law by Reference

      (A) Adoption of traffic code.

            (1) The village does hereby adopt for its traffic code the exact wording and
            terminology, (excepting, however, all references to the establishment of State
            Boards, bureaus and licenses, and the administration thereof, and also
            excepting all references to felonies) the following sections of the Revised Code
            of the State of Ohio:
      Sections 4501.01 through and including Section 4549.99, inclusive;
      Sections 5577.01 through and including Section 5577.99, inclusive;
      Sections 5589.01 through and including Section 5589.99, inclusive;
            and aforesaid sections are incorporated herein and made a part hereof as
            though fully rewritten herein.
            (2) The village also adopts as a part of its traffic code any changes, amendments
            or additions, which may be made in said sections 4501.01 through 4549.99,
            inclusive; sections 5577.01 through 5577.99, inclusive; sections 5589.01 through
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                                  Village of Swanton, Ohio 2010
              5589.99, inclusive of the Revised Code of Ohio and said changes, amendments
              or additions shall become effective as of the effective date of said changes,
              amendments or additions.
              (3) The penalty for the violation of any section of the Traffic Code of the village
              shall be the penalty provided by the various sections of the Revised Code of
              Ohio which are made a part hereof.

      (B) The various sections of this code shall be designated by the number of the enacting
      ordinance of this codification and the individual number of the section of the Ohio
      Revised Code herein adopted. Example: Ordinance 92-20-4511.19.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-29, 8-22-83)

~ 70.02 Traffic Directions in Emergencies

Police officers may direct or regulate traffic in accordance with the provisions of this traffic
code, provided that, in the event of fire or other emergency or to expedite traffic or safeguard
pedestrians, they are authorized to direct traffic as conditions may require notwithstanding the
provisions of this traffic code. Firefighters, when at the scene of a fire, may direct or assist the
police in directing traffic thereat or in the immediate vicinity. The direction of traffic may be by
word or audible signal, by gesture or direction of any police officer or firefighter issued
pursuant to this section. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~303.02) Penalty,
see ~ 10.99


~ 70.03 Exceptions

The provisions of this traffic code do not apply to persons, teams, motor vehicles, and other
equipment while actually engaged in work upon the surface of a highway within an area
designated by traffic-control devices, but apply to those persons and vehicles when traveling
to or from such work. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~303.04) Penalty, see
~10.99


~ 70.04 Drivers of Government Vehicles

The provisions of this traffic code do not apply to the drivers of all vehicles owned or operated
by the United States, any state or any political subdivision thereof, including this village except
as may be otherwise provided by law and subject to such specific exceptions as are set forth
with reference to authorized emergency vehicles. (Adopting Ord. 92-20, passed 9-28-92) (‘64
Code, ~303.06)


~ 70.05 Parades and Assemblages

       (A) No person, group of persons or organization shall conduct or participate in any
       parade, procession or assemblage upon any street or highway, or block off any street
       or highway area, without first obtaining a permit from the Chief of Police.

       (B) Applications for such permits shall be made on such forms as may be prescribed

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                                Village of Swanton, Ohio 2010
      and shall contain such information as is reasonable necessary to a fair determination of
      whether a permit should be issued. Applications shall be filed not less than five days
      before the time intended for such parade, procession or assemblage.

      (C) The permit may be refused or canceled if the resultant conditions would
      unreasonably hinder the movement of traffic or would require the diversion of sufficient
      police officers or firefighters so as to deprive the village of normal police and fire
      protection, or would be reasonably likely to provoke disorderly conduct or create a
      disturbance.

      (D) The permit or any order accompanying it may limit or prescribe reasonable
      conditions, including the hours, the places or assembly and of dispersal, the route or
      march or travel and the streets, highways or portions thereof which may be used or
      occupied.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~311.02) Penalty, see ~10.99

~ 70.06 Toy Vehicles on Roadway

No person riding upon any coaster, roller skates, sled, toy vehicle, skateboard or other similar
device, shall go upon any roadway except while crossing a street on a crosswalk and when so
crossing such person shall be granted all of the rights and shall be subject to all of the duties
applicable to pedestrians. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~311.03) Penalty,
see ~10.99


~ 70.07 Placing and Maintaining Signs and Signals

The Mayor, unless Council shall direct otherwise, or Council by administration order, is hereby
empowered to place and maintain painted or otherwise marked safety zones, traffic and
parking lanes, crosswalks for pedestrians, “no parking”, “no U-turn”, “no left turn” or “stop”
signs or signals, or such other traffic signs, signals or standards as he or it may deem
necessary for the proper control of traffic or the parking of vehicles. (Adopting Ord. 92-20,
passed 9-28-92) (‘64 Code, ~313.09)


~ 70.08 Motor Vehicle License Tax

      (A) There is hereby levied an annual license tax upon the operation of motor vehicles
      on the public roads or highways pursuant to R.C. ~4504.172, for the purposes of paying
      the costs and expenses of enforcing and administering the tax provided for in this
      section; and to provide additional revenue for the purposes set forth in R.C. ~4504.06
      and to supplement revenue already available for such purposes.

      (B) Such tax shall be at the rate of $5 per motor vehicle on each and every motor
      vehicle the district of registration of which, as defined in R.C. ~ 4503.10, is in the
      village.

      (C) As used in this section the term MOTOR VEHICLE means any and all vehicles
      included within the definition of motor vehicle in R.C. ~4501.01 and 4505.01.

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                                Village of Swanton, Ohio 2010
      (D) The tax imposed by this section shall apply to and be in effect for the registration
      year commencing January 1, 1988, and shall continue in effect and application during
      each registration year thereafter.

      (E) The tax imposed by this section shall be paid to the Registrar of Motor Vehicles of
      the State of Ohio or to a Deputy Registrar at the time application for registration of a
      motor vehicle is made as provided in R.C. ~4503.10.

      (F) All moneys derived from the tax herein before levied shall be used by the village for
      the purposes specified in this section.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-23, passed 9-14-87)


                                Chapter 71: Traffic Regulations

Section

      71.01          Turning into or emerging from private drive, alley, or building
      71.02          Entering and exiting controlled-access highway
      71.03          Maximum time limit for trains blocking intersections
      71.04          Obstructing intersection or crosswalk
      71.05          Squealing tires; peeling
      71.06          Driving and parking on sidewalks, street lawns or curbs
      71.07          Boarding or leaving vehicles
      71.08          Physical control
      71.09          Weaving course
      71.10          Oversize or overweight vehicle operation on local streets
      71.11          Vehicles exceeding five tons
      71.12          Route and load information
      71.13          Mayor may reduce weight limits
      71.20          Speed Limits


~ 71.01 Turning Into or Emerging From Private Drive, Alley, or
         Building

      (A) The driver of a vehicle intending to turn into a private road or driveway, alley or
      building from a public street or highway shall be governed by the following rules:

              (1) Approach for a right turn and a right turn shall be made as close as
              practicable to the right-hand curb or edge of the roadway.
              (2) Upon a roadway where traffic is proceeding in opposite directions, approach
              for a left turn and a left turn shall be made from that portion of the right half of the
              roadway nearest the center line thereof.
              (3) Upon a roadway where traffic is restricted to one direction, approach for a left
              turn and a left turn shall be made as close as practicable to the left-hand curb or
              edge of the roadway.



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                                    Village of Swanton, Ohio 2010
       B) It shall be the duty of the driver of any vehicle entering a private road or driveway,
       alley or building to yield the right-of-way to pedestrians lawfully using the sidewalk or
       sidewalk area extending across any alleyway.
(‘64 Code, ~331.11)

      (C) It shall be the duty of the driver of any vehicle emerging from a private road or
      driveway, alley or building to yield the right-of-way to pedestrians lawfully using the
      sidewalk or sidewalk area extending across any alleyway. When conditions restrict a
      clear view of any approaching pedestrians, the driver shall stop the vehicle immediately
      prior to driving onto such sidewalk or sidewalk area,      sound an audible approach
      signal and yield the right-of-way to pedestrians as may be required.
(‘64 Code, ~331.23) (Adopting Ord. 92-20, passed 9-28-92) Penalty, see ~10.99
~ 71.02 Entering and Exiting Controlled-Access Highway

No person shall drive a vehicle onto or from any control-access highway except at such
entrances and exits as are established by public authority. (Adopting Ord. 92-20, passed 9-28-
92) (‘64 Code, ~331.34) Penalty, see ~10.99


~ 71.03 Maximum Time Limit for Trains Blocking Intersections

       (A) No railroad company shall obstruct, permit or cause to be obstructed a public street,
       a road, or highway by permitting a railroad car, locomotive or other obstruction to
       remain upon or across it for longer than five minutes, to the hindrance or inconvenience
       of travelers or a person passing along or upon such street, road, or highway. No
       railroad company shall fail, at the end of each five-minute period of obstruction of a
       public street, road, or highway, to cause such railroad car, locomotive, or other
       obstruction to be removed for sufficient time, not less than three minutes, to allow the
       passage of persons and vehicles waiting to cross.

       (B) This section does not apply to obstruction of public street, road, or highway by a
       continuously moving through train or caused by circumstances wholly beyond the
       control of the railroad company, but does apply to other obstructions, including without
       limitation those caused by stopped trains and trains engaged in switching, loading, or
       unloading operations.

      (C) Upon the filing of an affidavit or complaint for violation of this section, summons
      shall be issued to the railroad company in the manner provided by law which summons
      shall be served on the regular ticket of freight agent of the company in the county where
      the offense occurred.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 77-1, passed 1-24-77) Penalty, see ~10.99


~ 71.04 Obstructing Intersection or Crosswalk

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on
the other side of the intersection or crosswalk to accommodate the vehicle he is operating
without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-


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                                  Village of Swanton, Ohio 2010
control signal indication to proceed. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code,
~331.35) Penalty, see ~10.99

~ 71.05 Squealing Tires; Peeling

No person shall operate any motor vehicle, except when necessary for safe operation or in
compliance with law, in such a manner that the vehicle is so rapidly accelerated or started
from a stopped position that the exhaust system emits a loud, cracking or chattering noise
unusual to its normal operation, or the rubber tires of such vehicle squeal or leave tire marks
on the roadway, commonly called “peeling”. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code,
~331.37) Penalty, see ~10.99
~ 71.06 Driving and Parking on Sidewalks, Street Lawns or Curbs

No person shall drive, stand or park a vehicle on a sidewalk, lawn area adjacent to a street, or
over the curb of a street, except when entering or leaving a permanent or temporary driveway
or when lawfully authorized. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 331.38)
Penalty, see ~10.99


~ 71.07 Boarding or Leaving Vehicles

No person shall enter or leave or open the door of a parked or stopped motor vehicle on the
side of such vehicle next to a lane or line of moving traffic unless such person has exercised
due care that the movement can be made without causing the driver of a passing motor
vehicle to suddenly stop or turn or swerve from a direct course of travel, or to become involve
in an accident or collision due to such movement. (Adopting Ord. 92-20, passed 9-28-92) (‘64
Code, ~351.08) Penalty, see ~10.99


~ 71.08 Physical Control

      (A) No person who is under the influence of alcohol or any drug of abuse or the
      combined influence of alcohol or any drug of abuse, shall be in actual physical control
      of any vehicle.

      (B) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Adopting Ord. 92-20, passed 9-28-92) Penalty, see ~ 10.99


~ 71.09 Weaving Course

No person shall operate a motor vehicle upon any street or highway in a weaving or zigzag
course unless such irregular course is necessary for safe operation or in compliance with law.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 331.36) Penalty, see ~10.99

~ 71.10 Oversize or Overweight Vehicle Operation on Local Streets

      (A) No person shall operate or move a vehicle or combination of vehicles exceeding a
      gross weight of five tons, upon any street or highway under local jurisdiction, other than
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                                Village of Swanton, Ohio 2010
       state routes, except pursuant to permission granted by the Mayor or Police Chief.
       Permission need not be obtained for any movement necessitated by an emergency or
       for the purposes of making deliveries to or pickups from premises not located on state
       routes, provided such movement is conducted by the shortest route possible or by a
       route designated by the Mayor or Police Chief.

       (B) No person granted permission by the Mayor or Police Chief shall be required to
       obtain a special permit from the Ohio Director of Highways for the movement of the
       vehicle or combination of vehicles on streets or highways under local jurisdiction.

       (C) The Mayor or Police Chief may grant permission for a single or round trip, or for
       such period of time, not to exceed one year, as the Mayor or Police Chief in his
       discretion deems advisable, or for the direction of any construction project. The Mayor
       or Police Chief may limit or prescribe terms or conditions of operation for such vehicle
       or combination of vehicles by designating the route, hours, speed or such other
       restrictions as may be necessary for the preservation of the public peace, property,
       health, and safety. The Mayor or Police Chief may require the posting of bond or other
       security necessary to compensate for any damage to a roadway or road structure.

       (D) Streets or highways under local jurisdiction shall be posted with signs indicating “no
       thru trucks - gross weight five tons” or words of similar import to apprise drivers of the
       limitations imposed by this section. No driver shall disobey the instructions indicated on
       any such sign.

      (E) Violation of any of the limitations, terms or conditions of the permission granted by
      the Mayor or Police Chief shall be cause for immediate revocation or suspension of
      such permission and denial of request for any future permission. Such violation shall
      also subject the violator to the penalty prescribed by ~ 10.99.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 339.011) (Ord. 591, passed 1-10-66)
Penalty, see ~ 10.99.


~ 71.11 Vehicles Exceeding Five Tons

No person shall drive or operate any vehicle used for the transportation of goods or property,
the gross weight of which, with load, exceeds five tons, upon the streets, bridges and culverts
within this village except on designated and marked “truck routes” or state routes. Drivers of
such vehicles whose gross weight, with load, exceeds weight limits prescribed by this section
may deliver or pick up goods or property at places not located on state or truck routes
provided such vehicles are only operated by the shortest way possible between the state or
truck route and the place of delivery or pickup or as otherwise directed by a police officer.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 339.02) Penalty, see ~ 10.99


~ 71.12 Route and Load Information

Drivers of vehicles described in this chapter shall be required, upon request by a police officer,
to give full and true information as to the route they are following and the name of the
consignor and consignee and place of delivery or removal and the location of any

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consignment being hauled or goods being removed, and upon a designation by such police
officer of a route to be followed, shall immediately adopt and pursue such route.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 339.08) Penalty, see ~10.99


~ 71.13 Mayor May Reduce Weight Limits

      (A) When thaws or excessive moisture render the improved streets of the village or any
      section of such streets insufficient to bear traffic thereon, or when any such streets or
      sections thereof would be damaged or destroyed by heavy traffic, the Mayor may
      reduce the maximum weight of vehicles and loads allowed thereon. The improved
      streets or sections thereof which are so restricted shall be properly posted with
      conspicuous signs indicating the maximum loads permitted within the restricted
      sections.

      (B) No person shall operate any vehicle over the streets or section thereof whose
      weight exceeds the posted limits, except for the purpose of local delivery or pickup.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 339.04) Penalty, see ~ 10.99


~ 71.20 Speed Limits

       (A) The speed limit on Hallett Avenue, Village of Swanton, Fulton and Lucas Counties,
State of Ohio, is hereby amended and established at forty (40) miles per hour.
(Adopting Ord. 99-32, passed 11-23-99)

      (B) Pursuant to Section 723.01, Ohio Revised Code, it is hereby established that the
speed limit on Main Street, between Garfield and Church Streets, Village of Swanton, Ohio, is
twenty-five (25) miles per hour.
(Adopting Ord. 2000-17, passed 6-26-00)

       (C) The speed limit on Centerville Road (Co. Rd. 1-1), Village of Swanton, Fulton
County is hereby amended and established at 40 mph for the junction of Airport Highway
south to the Village Corporation line on the east side of Centerville Road (Co. Rd. 1-1), and
shall be 50 mph from this point south to the southern edge of the Village Corporation line.
(Adopting Ord. 2001-12, passed 2-12-01)




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                                 Village of Swanton, Ohio 2010
                   Chapter 72: Bicycles, Snowmobiles and Motorcycles

Section

       72.01         Application of title; compliance with traffic regulations
       72.02         Duty to operate with care
       72.03         Rules for bicycles, motorcycles, and snowmobiles
       72.04         Lights required
       72.05         Sidewalk riding
       72.06         Trick riding prohibited
       72.07         Parking
       72.08         Effect of regulations
       72.09         Impounding of bicycles


~ 72.01 Application of Title; Compliance with Traffic Regulations

Every person operating a bicycle shall comply with all traffic signs and signals erected for
vehicular and pedestrian traffic and with all laws, ordinances and regulations applicable
thereto, except such provisions as by their nature would have no application.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~373.09) (Ord. 558, passed 11-12-62)
Penalty, see ~10.99


~ 72.02 Duty to Operate with Care

Every person operating a bicycle shall at all times operate such bicycle with due regard to his
own safety and the safety of other persons lawfully upon the streets, sidewalks and other
public ways, and shall always yield the right-of-way to pedestrians. (Adopting Ord. 92-20,
passed 9-28-92) (‘64 Code, ~ 373.09) (Ord. 558, passed 11-12-62) Penalty, see ~ 10.99


~ 72.03 Rules for Bicycles, Motorcycles, and Snowmobiles

       (A) For purposes of this section, Snowmobile has the same meaning as given that
       term in R.C. ~ 4519.01.

       (B) A person operating a bicycle or motorcycle shall not ride other than upon the
       permanent and regular seat attached thereto, nor carry any other person upon such
       bicycle or motorcycle other than upon a firmly attached and regular seat thereon, nor
       shall any person ride upon a bicycle or motorcycle other than upon such a firmly
       attached and regular seat.

       (C) A person shall ride upon a motorcycle only while sitting astride the seat, facing
       forward, with one leg on each side of the motorcycle.

       (D) No person operating a bicycle shall carry any package, bindle, or article that
       prevents the driver from keeping at least one hand upon the handlebars.


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                                 Village of Swanton, Ohio 2010
       (E) No bicycle or motorcycle shall be used to carry more persons at one time than the
       number for which it is designed and equipped, nor shall any motorcycle be operated on
       a highway when the handlebars or grips are more than 15 inches higher than the seat
       or saddle for the operator.

      (F) No person shall operate a snowmobile on the public highways and streets, or on
      public property in the village.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 74-3, passed 1-28-74)


~ 72.04 Lights Required

No person shall operate a bicycle upon the streets, alleys, sidewalks or other public ways of
the village during the period of one hour after sunset to one hour before sunrise, or wherever
by reason of fog visibility is rendered difficult, unless such bicycle is equipped with a headlight
casting a beam of white light in front of the bicycle clearly visible for not less than 50 feet and
also a red tail light or reflector readily visible at a distance of at least 50 feet. (Adopting Ord.
92-20, passed 9-28-92) (‘64 Code, ~ 373.13) (Ord. 558, passed 11-12-62) Penalty, see ~
10.99


~ 72.05 Sidewalk Riding

       (A) It shall be permissible for any person to ride a bicycle upon the sidewalks in the
       village only within the residential district and when riding on the sidewalks in the
       residential district, bicycle riders shall use the right side of the sidewalk.

      (B) For the purpose of this section, the “residential district” means and includes all parts
      of the village except the business section, which consists of all that portion of the village
      with the boundaries of the following: each side of Main Street between Church Street
      and St. Clair Street; each side of Dodge Street between Main Street and Miller; each
      side of Broadway between Main Street and Lincoln Street.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 373.11) (Ord. 558, passed 11-12-62)
Penalty, see ~ 10.99

~ 72.06 Trick Riding Prohibited

It shall be unlawful for any person to engage in trick riding or to operate any bicycle upon the
streets, alleys, sidewalks or public ways without maintaining full control of such bicycle by
keeping one hand upon the handle grips thereof. (Adopting Ord. 92-20, passed 9-28-92) (‘64
Code, ~ 373.17) (Ord. 558, passed 11-12-62) Penalty, see ~10.99

~ 72.07 Parking

Bicycles parked outside the Downtown Business District in an alley, on a sidewalk or in other
public places must be in such a position as not to interfere with the safety or movements of the
vehicular or pedestrian traffic. In the Downtown Business District, bicycles shall be parked
only in designated “Bicycle Parking” areas. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code,


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                               Village of Swanton, Ohio 2010
~ 373.15) (Ord. 558, passed 11-12-62; Am. Ord. 73-17, passed 10-8-73) Penalty, see ~
10.99


~ 72.08 Effect of Regulations

      (A) It is a misdemeanor for any person to do any act forbidden or fail to perform any act
      required by this chapter.

      (B) The parent of any child and the guardian of any ward shall not authorize or
      knowingly permit any such child or ward to violate any of the provisions of this chapter.

      (C) These regulations shall apply wherever a bicycle is operated on any street, alley,
      highway, sidewalk or other public way in the village.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~373.12) (Ord. 558, passed 11-12-62)
Penalty, see ~ 10.99


~ 72.09 Impounding of Bicycles

Whenever any bicycle shall be operated by any person in violation of the provisions of this
chapter, such bicycle may be seized by any member of the Police Department and impounded
in the Municipal Building for a period of 60 days. In the event that a bicycle so impounded is
not claimed by the owner or operator of the same or by the parent or guardian of such owner
or operator, it shall be sold by the Chief of Police and the proceeds of such sale shall be
disposed of by him in the manner provided by law. (Adopting Ord. 92-20, passed 9-28-92) (‘64
Code, ~ 373.22) (Ord. 558, passed 11-12-62)


                              Chapter 73: Parking Regulations

Section

      73.01         Registered owner prim-facie liable for unlawful parking
      73.02         Police may remove illegally parked vehicle; impounding
      73.03         Manner of angle parking
      73.04         Parking in alleys and narrow streets
      73.05         Snowfall parking
      73.06         Storage of inoperative or unlicensed motor vehicles
      73.07         Selling, washing, or repairing vehicle on roadway
      73.08         Regulation of width and height of vehicle parking on a street in a
                    residential district


      73.99         Penalty




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                                Village of Swanton, Ohio 2010
~ 73.01 Registration Owner Prima-Facie Liable for Unlawful Parking
In any hearing on a charge of illegally parking a motor vehicle, testimony that a vehicle bearing
a certain license plate was found unlawfully parked as prohibited by the provisions of this
traffic code, and further testimony that the record of the Ohio Registrar of Motor Vehicles
shows that the license plate was issued to the defendant, shall be prima-facie evidence that
the vehicle which was unlawfully parked, was so parked by the defendant. A certified
registration copy, showing such fact, from the Registrar shall be proof of such ownership.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~351.02)


~ 73.02 Police May Remove Illegally Parked Vehicle; Impounding

      (A) Police officers are authorized to provide for the removal and impounding of a
      vehicle under the following circumstances:

             (1) When any vehicle is left unattended upon any street and is so illegally parked
             so as to constitute a definite hazard or obstruction to the normal movement of
             traffic.
             (2) When any vehicle has been stolen or operated without the consent of the
             owner.
             (3) When any vehicle displays illegal license plates or fails to display the lawfully
             required license plates.
             (4) When any vehicle has been issued in or connected with the commission of a
             felony.
              (5) When any vehicle has been damaged or wrecked so as to be inoperable or
             violates equipment provisions of this traffic code whereby its
             continued operation would constitute a condition hazardous to life, limb or
             property.
             (6) When any vehicle is left unattended due to the removal of an arrested
             operator.
             (7) When any vehicle is found for which two or more citation tags for violations of
             this traffic code have been issued and the owner or operator thereof has failed to
             respond to such citation tags as lawfully required.

      (B) The Police Department shall forthwith notify the registered vehicle owner of the fact
      of such removal and impounding, reasons therefor and the place of storage. Any
      person desiring to redeem an impounded vehicle shall appear at the Police Department
      to furnish satisfactory evidence of identity and ownership or right to possession. Prior
      to issuance of a release form, the claimant, owner or operator shall either pay the
      amount due for any fines for violations on account of which such vehicle was
      impounded or, as the court may require, furnish written promise or post a bond in an
      amount set by the court, to appear to answer to such violations. The pound operator
      shall release such vehicle upon receipt of the release form and payment of all towage
      and storage charges.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 303.07) Penalty, see ~ 73.99


~ 73.03 Manner of Angle Parking
Upon streets where angle parking is permitted, no person shall stop, stand or park a vehicle

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                                 Village of Swanton, Ohio 2010
other than at the angle to the curb or edge of the roadway as is indicated by appropriate signs
or markings. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 351.09) Penalty, see ~ 73.99


~ 73.04 Parking in Alleys and Narrow Streets

       (A) No person shall stop, stand or park any vehicle upon a street, other than an alley, in
       such a manner or under such conditions as to leave available less than ten feet of width
       of the roadway for free movement of vehicular traffic, except that a driver may stop
       temporarily during the actual loading or unloading of passengers or when directed to by
       a police officer or traffic-control signal.

      (B) Except as otherwise provided by law, no person shall stop, stand or park a vehicle
      within an alley except while actually loading or unloading, and then only for a period not
      to exceed 30 minutes.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 351.09) Penalty, see ~73.99

~ 73.05 Snowfall Parking

All street parking detailed in Chapter 74 shall be suspended in the event of a snowfall of
plowable depth, whereupon there shall be no parking on any streets until the streets are
cleared of snow. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 78-39, passed 11-29-78)
Penalty, see ~ 73.99

~ 73.06 Storage of Inoperative or Unlicensed Motor Vehicles
(A) No person shall store or permit to be stored on any lot or premises an automobile or motor
vehicle which is dismantled, inoperative or unlicensed, for a period of more than the 15 days,
unless the same is kept or stored in a completely enclosed, authorized and permitted building
or garage on such lot or premises. Any such motor vehicle shall be deemed inoperative when
the lack or failure of the engine, transmission, wheels, or other mechanical part results in the
vehicle being not usable for transportation purposes. The Police Department is authorized to
serve written notice either personally or through certified mail, with return receipt requested, on
the property owners or persons in possession of any such lot or land upon which an
unlicensed or inoperative motor vehicle is stored contrary to the provisions hereof. Such
period of 15 days shall commence to run the next day following the service of such notice.
Any person who has been notified or who is the owner of, in charge of or in possession of any
such lot or land on which any such vehicle is stored, and who shall fail to remove the same
after notice, shall be guilty of a misdemeanor of the fourth degree and shall be imprisoned for
not more than thirty (30) days and fined not more than $250.00 with each daily violation of this
section constituting a separate offense.
       (Ord. 2004-27, passed 8-23-04)

      (B) The provision of this section shall be applicable to all districts of the village, except
      those districts in which the storage, repair or rehabilitation of automobiles is expressly
      permitted under the terms and provisions of the village zoning ordinance.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 351.10) (Ord. 579, passed 5-24-65; Am.
Ord. 88-12, passed 3-14-88) Penalty, see ~ 73.99



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                                Village of Swanton, Ohio 2010
~ 73.07 Selling, Washing or Repairing Vehicle Upon Roadway

No person shall stop, stand or park a vehicle upon any roadway for the principal purpose of:
      (A) Displaying such vehicle for sale;

      (B) Washing, greasing or repairing such vehicle except repairs necessitated by an
      emergency.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~351.06) Penalty, see ~ 73.99

~ 73.08 Regulation of Width and Height of Vehicle Parking on a Street
         in a Residential District

      (A) Vehicles of seven feet or more in width are hereby prohibited from parking on a
      street in a residential district of the village.

      (B) Vehicles of eight feet or more in height are hereby prohibited from parking on a
      street in a residential district of the village.

      (C) For purposes of this section, residential district shall have the same definition and
      area as set forth in the Zoning Code of the village.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 90-9, passed 6-11-90) Penalty, see ~ 73.99


~ 73.99 Penalty

      (A) Whoever violates any provision of this chapter for which no penalty is otherwise
      provided shall be fined not more than $50. (Ord. 90-9, passed 6-11-90; Am. Ord. 88-15,
      passed 3-14-88; Am. Ord. 78-39, passed 11-29-78) (‘64 Code, ~ 351.99(a))

      (B) Whoever violates the provisions of ~ 73.05 and Chapter 74 shall be fined as follows:
            (1) $5 for parking in a restricted zone;
            (2) $10 for parking in a no-parking zone;
            (3) $20 for parking in a fire zone;
            (4) $35 for parking in violation of the width and height regulations;
            (5) If a parking violation ticket remains unpaid for 72 hours, the police shall
            impound the vehicle at the owner’s expense.

      (C) Whoever violates the handicapped parking privileges of Section 4911.69 of the
      Ohio Revised Code within the Village of Swanton shall be fined not less than $250.00
      nor more than $500.00.
      (Adopting Ord. 2004-33, passed 10-25-04)(Ord. 95-23, passed 10-23-95; Am. Ord. 92-
      20, passed 9-28-92)

      (D) Whoever violates ~ 73.06 shall be fined not more than $250.00. Each daily
      violation of such section shall constitute a separate offense. (Ord. 2004-27, passed 8-
      24-04) (Ord. 88-15, passed 3-14-88)

      (E) Any person charged with a violation of any provision of this chapter for which
      payment of a prescribed fine may be made, may pay such sum in the manner prescribed

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                                  Village of Swanton, Ohio 2010
     on the issued traffic ticket. Such payment shall be deemed a plea of guilty, waiver of
     court appearance and acknowledgment of conviction of the alleged offense and may be
     accepted in full satisfaction of the prescribed penalty for such alleged violation.
     Payment of the prescribed fine need not be accepted when laws prescribe that a certain
     number of such offenses shall require court appearance.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 90-9, passed 6-11-90; Am. Ord. 78-39, passed
11-29-78) (‘64 Code, ~ 351.99(b))


                               Chapter 74: Parking Schedules

Section

         I.          Parking prohibited at all times
         II.         Parking prohibited at certain times
         III.        Parking time limited


Schedule I. Parking Prohibited at all Times

        No person shall stand or park a vehicle, except when necessary to avoid conflict with
other traffic, or for purposes of loading or unloading, or while obeying the directions of a police
officer or a traffic-control device, in any of the following places:

Street                      Location                            Ord. No.      Date

Airport Highway                                                 78-39         11-29-78
Hallett Avenue                                                  78-39         11-29-78
Main Street          South of St. Clair Street                  78-39         11-29-78

Any uncurbed streets in the Business District except in marked parking spaces as set forth in
 Schedule III                                                78-39        11-29-78

(Adopting Ord. 92-20, passed 9-28-92) Penalty, see ~ 73.99




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                                   Village of Swanton, Ohio 2010
Schedule II. Parking Prohibited at Certain Times

No person shall stand or park a vehicle, except when necessary to avoid conflict with other
traffic, or for purposes of loading and unloading, or while obeying the directions of a police
officer or a traffic-control device, in any of the following places:

Street        Location              Time Prohibited               Ord. No.   Date

Broadway      Village Parking Lot Between 1:00a.m. and            78-39      11-29-78
                                  7:30 a.m.

Chestnut Street                     Monday through Friday         78-39      11-29-78
                                    from 8:00 a.m. to
                                    4:00 p.m.

Garfield Avenue                     Monday through Friday         78-39      11-29-78
                                    from 8:00 a.m. to
                                    4:00 p.m.

All residential                 Friday from 8:00 a.m.      78-39             11-29-78
curbed streets                  until 12:00 noon
(Adopting Ord. 92-20, passed 9-28-92) Penalty, see ~ 73.99
Schedule III. Parking Time Limited

Parking time is limited in the following location as indicated:

Street or Location Time Limit              When Effective         Ord. No.   Date

Business District, in 90 minutes           Monday through         78-39      11-29-78
marked parking spaces                      Saturday from
                                           8:00 a.m. until
                                           4:00 p.m.

(Adopting Ord. 92-20, passed 9-28-92) Penalty, see ~ 73.99




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                          Village of Swanton, Ohio 2010
                          Title IX: General Regulations

Chapter

      90.     Animals

      91.     Fire Prevention; Explosives and Fireworks

      92.     Nuisances

      93.     Littering

      94.     Parks and Recreation

      95.     Streets and Sidewalks

      96.     Excessive Noise and Unnecessary Noise



                              Chapter 90: Animals

Section
                              General Regulations

      90.01   Animals and fowl running at large
      90.02   Impounding and disposition
      90.03   Abandoning animals
      90.04   Killing, injuring or poisoning animals
      90.05   Cruelty to animals
      90.06   Farm animals prohibited
      90.07   Hunting prohibited
      90.08   Animal bites; quarantine and reporting

                                      Dogs

      90.20   Barking or howling dogs
      90.21   Dog owner liable for damage to public property
      90.22   Dangerous or Vicious Dogs
      90.23   Menacing by dogs
      90.24   Impoundment; Destruction of dogs
      90.25   Keeping banned dogs
      90.26   Strict liability


      90.99   Penalty




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                                 Village of Swanton, Ohio 2010
                                       General Provisions

~ 90.01 Animals and Fowl Running at Large

       (A) No person, being the owner of any animal or fowl, or harboring or having charge or
       control of the same, shall permit such animal or fowl to run at large in any street, lane,
       alley, or public ground of the village, or permit such animal or fowl to go upon or enter
       any private yard, lot or enclosure without the consent of the owner of such yard, lot or
       enclosure.

       (B) The Mayor may provide for such notice as may be necessary to adequately and
       reasonably inform the public of the provisions of this section.

      (C) The running at large of any such animal or fowl in or upon any of the places
      mentioned in this section is prima-facie evidence that it is running at large in violation of
      this section.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 505.01) Penalty, see ~ 90.99

~ 90.02 Impounding and Disposition

The Police Department may impound every animal or fowl found in violation of
~ 90.01. If a dog is found not wearing a valid dog licenses tag, that Police
Department shall return it over forthwith to an officer charged by law with the custody and
disposal of such dogs. If such dog is wearing a valid dog license tag or the identity of the
owner or custodian is otherwise established, the Police Department shall immediately give
notice to the licensee, owner or custodian that the dog has been impounded. Such notice may
be by telephone or by ordinary mail to the last known address of such licensee, owner or
custodian. The dog shall not be released except upon the payment of reasonable expenses
for its taking and keeping. Any dog remaining unclaimed shall be sold or otherwise disposed
of as provided by law. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 505.02)


~ 90.03 Abandoning Animals

No owner or keeper of a dog, cat or other domestic animal shall abandon such animal.
(R.C. ~ 959.01) (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 505.03) Penalty, see
~90.99


~ 90.04 Killing, Injuring or Poisoning Animals

No person shall maliciously, or willfully and without the consent of the owner, kill, injure or
administer poison to any animal that is the property of another; and no person shall, willfully
and without the consent of the owner, place any poisoned food where it may be easily found
and eaten by children or animals, either upon his own lands or the lands of another. This
section does not apply to a licensed veterinarian acting in an official capacity. (Adopting Ord.
92-20, passed 9-28-92) (‘64 Code, ~ 505.04) Penalty, see ~ 90.99



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                                Village of Swanton, Ohio 2010
Statutory reference:
      Injuring animals, see R.C ~ 959.02
      Poisoning animals, see R.C ~ 959.03


~ 90.05 Cruelty to Animals

      (A) No person shall:

             (1) Torture an animal, deprive one of necessary sustenance, unnecessarily or
             cruelly beat, needlessly mutilate or kill, or impound or confine an animal without
             supplying it during the confinement with a sufficient quantity of good wholesome
             food and water;

             (2) Impound or confine an animal without affording it, during the confinement,
             access to shelter from wind, rain, snow, or excessive direct
             sunlight, if it can reasonably be expected that the animal would otherwise
             become sick or in some other way suffer. This division does not apply to animals
             impounded or confined prior to slaughter. For the purpose of this section,
             shelter means a man-made enclosure, windbreak, sunshade, or natural
             windbreak or sunshade that is developed from the earth’s contour, tree
             development, or vegetation.

             (3) Carry or convey an animal in a cruel or inhumane manner;

             (4) Keep animals in an enclosure without wholesome exercise and change of air,
             nor feed cows on food that produces impure or unwholesome milk;

             (5) Detain livestock in railroad cars or compartments longer than 28 hours after
             they are so placed without supplying them with necessary food, water, and
             attention, nor permit the stock to be so crowded as to overlie, crush, wound, or
             kill each other.

      (B) Upon the written request of the owner or person in custody of any particular
      shipment of livestock, which written request shall be separate and apart from any
      printed bill of lading or other railroad form, the length of time in which the livestock may
      be detained in any cars or compartment without food, water, and attention may be
      extended to 36 hours without penalty therefor. This section does not prevent the
      dehorning of cattle.

       (C) All fines collected for violations of this section shall be paid to the society or
       association for the prevention of cruelty to animals, if there is one in the village;
       otherwise, all fines shall be paid to the General Fund.
(R.C. ~ 959.13 ) (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 505.05) Penalty, see ~
90.99




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                                 Village of Swanton, Ohio 2010
~ 90.06 Farm Animals Prohibited
No person shall keep or harbor any horses, cows, steer, fowl, or swine within the village.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 505.06) (Ord. 8-14, passed 3-14-88)
Penalty, see ~ 90.99


~ 90.07 Hunting Prohibited

      (A) The hunting of game animals or wild birds within the village is prohibited. No person
      shall hunt, kill or attempt to kill any game animals or wild birds by the use of firearms or
      any other means. (‘64 Code, ~ 505.09)
      (B) Hunting is hereby prohibited at the premises commonly known as the Village of
      Swanton Water Treatment Plant and Reservoir property.
             (1) Hunting is defined pursuant to R.C. ~ 1531.02 (Y)

              (2) The Village Administrator is hereby instructed and authorized to post “No
              Hunting” signs at all means of public ingress and egress to said premises and
              other conspicuous locations on said property.
(Ord. 84-29, passed 12-18-84) (Adopting Ord. 92-20, passed 9-28-92) Penalty, see         ~
90.99
~ 90.08 Animal Bites; Quarantine and Reporting

Whenever any animal shall bite any person, the Mayor may order such animal quarantined for
a period extending not longer than ten days from the time of the biting. Any owner or person
in custody or possession of such animal who shall fail to comply with such quarantine order
shall be deemed guilty of a misdemeanor. All expenses incurred for the keeping of such
animal or the necessary tests to determine whether rabies exists, shall be borne exclusively by
the owner or keeper of such animal. No person having knowledge of the existence of any
rabies, or the fact that any animal has bitten any other person, shall fail to immediately report
such information to the Police Department. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code,
~ 505.08) Penalty, see ~ 90.99

                                             Dogs

~ 90.20 Barking or Howling Dogs

No person shall keep or harbor any dog within the village which, by frequent and habitual
barking, howling or yelping, creates unreasonably loud and disturbing noises of such a
character, intensity and duration as to disturb the peace, quiet and good order of the village.
Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling,
building, yard or enclosure, which he occupies or owns, shall be considered as harboring such
dog. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 505.07) Penalty, see ~ 90.99


~ 90.21 Dog Owner Liable for Damage to Public Property

The owner, keeper or harborer of any dog which damages or destroys park or public property
shall be held liable for the full value of the property damaged or destroyed in addition to any


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penalty imposed for a violation of this chapter. (Adopting Ord. 92-20, passed 9-28-92) (‘64
Code, ~ 505.10) Penalty, see ~ 90.99


~ 90.22 Dangerous or Vicious Dogs

      (A1) “Dangerous dog” has the same meaning as set forth in ORC 955.11.

             (2) “Vicious dog” has the same meaning as set forth in ORC 955.11 and shall
             include in addition any breed of dog that is commonly known as a “pit bull dog”.
             This includes any Staffordshire Bull Terrier, American Pit Bull Terrier, or
             American Staffordshire Terrier breed of dog or mixed breed of dog which
             contains, as an element of its breeding, the breed of Staffordshire Bull Terrier,
             American Pit Bull Terrier or American Staffordshire Terrier, and the Perro De
             Canario, aka the Canary Dog.

            (3) “Injury” means any tear or breaking of an individual’s flesh as a result of a
            hostile contact by a dog.
      B) Any person owning, keeping, possessing, harboring, maintaining or having the care,
      custody or control of a vicious dog shall:

             (1) Register the dog with the Police Department annually, between January 2
             and January 20, and within 30 days when a vicious dog is obtained;

             (2) At the time of registration provide proof of liability insurance as required by
             Section 90.22 (f);

             (3) Notify the Police Department within seventy-two (72) hours if the dangerous
             or vicious dog has died or has been sold or donated, and provide the Police
             Department with the name, address and telephone number of the new owner;
             and

             (4) Pay an annual registration fee of Twenty-five Dollars ($25.00) to cover the
             administrative expenses associated herewith.

             (5) Have their dog spayed or neutered.

             (6) Upon moving into the Village of Swanton register their dog within thirty (30)
             days and have the dog spayed or neutered within thirty (30) days.

      (C) No owner, keeper or harborer of any female dog shall permit it to go beyond the
      premises of the owner, keeper or harborer at any time the dog is in heat, unless the
      dog is properly on leash.

      (D) No owner, keeper or harborer of any dog shall fail at any time to do the following:

             (1) Keep the dog either physically confined or restrained upon the premises of
             the owner, keeper or harborer by a leash, tether, adequate fence, secure
             enclosure or supervision so as to prevent escape or;

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                          Village of Swanton, Ohio 2010

       (2) Have the dog under reasonable control of some person.

(E) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do any of
the following:

       (1) While the dog is on the premises of he owner, keeper or harborer, securely
       confine it at all times in a locked pen which has a top, locked fenced yard, or
       other locked enclosure which has a top, except that a dangerous dog may, in the
       alternative, be tied with a leash or tether so that the dog is adequately restrained.

       (2) While the dog is off the premises of the owner, keeper or harborer, keep it on
       a chain link leash or tether that is no more than six feet in length and, in addition,
       do at least one of the following:

              (a) Keep the dog in a locked pen which has a top, locked fenced yard, or
              other locked enclosure which has a top;

              (b) Have the leash or tether controlled by a person who is of suitable age
              and discretion or securely attach, tie or affix the leash or tether to the
              ground or a stationary object or fixture in such a manner that the dog is
              restrained and station the individual aforesaid in such proximity to that dog
              so as to prevent the dog from causing injury to any person;

              (c) Muzzle the dog.

(F) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance
with an insurer authorized to write liability insurance in this State providing coverage in
each occurrence subject to a limit, exclusive of interest and costs, of not less than one
hundred thousand dollars ($100,000) because of damage or bodily injury to, or death of
a person caused by a vicious dog.

(G) Whoever violates subsection (C) or (D) hereof shall be guilty of a minor
misdemeanor and may be fined not more than one hundred dollars ($100.00) for each
offense.

(H) Whoever violates subsection (B) hereof shall be guilty of a misdemeanor of a
misdemeanor of the third degree and may be filed not more than five hundred dollars
($500.00) and may be incarcerated for a period of time not to exceed sixty (60) days.

(I) Whoever violates subsection (E) or (F) hereof shall be guilty of a misdemeanor of the
first degree and shall be fined not less than five hundred dollars ($500.00) nor more
than one thousand dollars ($1,000.00) and may be incarcerated for a period of up to six
months.

(J) In the event an owner, keeper or harborer of nay dangerous or vicious dog has
violated any of the requirements set forth in subsection (E) hereof and provided further
that such vicious dog has caused serious injury or death to any individual, the Court
shall order, in addition to any other penalties, that the dog be removed from the Village

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     of Swanton within ten (10) days of the date of conviction, or three days after completion
     of any quarantine period ordered by any agency, whichever is greater, and that the dog
     be humanly destroyed by a licensed veterinarian, the county dog warden or the county
     humane society at the owner, keeper or harborer’s expense.

     (K) The Court shall order, in addition to any other penalties set forth herein, the owner,
     keeper or harborer of any dog who, while off premises, causes injury (other than
     serious injury or death) to any individual, to enroll such dog in a dog obedience training
     school within seven (7) days of conviction of any offense under this section. If the
     owner, keeper or harborer fails to enroll such dog in a dog obedience training school
     within the prescribed time limit or fails to complete the dog obedience training within any
     time limit set by the Court, the dog shall be humanely destroyed by a licensed
     veterinarian, the county dog warden, or the county humane society at the owner,
     keeper or harborer’s expense. Whoever fails to comply with any provision of Section
     90.22 (B) is guilty of a misdemeanor of the third degree. Each and every day during
     such period of noncompliance with this section shall be deemed a separate offense.
     (Adopting Ord. 2003-18, 6-4-03)(Ord. 2001-35, 8-27-01)


~ 90.23 Menacing By Dogs

     (A) No person, being the owner or having custody or control of any dangerous or
     vicious dog, and while off the premises of the owner, shall knowingly cause or allow
     such dog to menace any person, except in defense of such owner’s person or property.

     (B) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
     (Adopting Ord. 2001-35, 8-27-01)


~ 90.24 Impoundment; Destruction of Dogs

     (A) When any person, being the owner or having custody or control of any dog is
     charged with a violation of this chapter, the court may, upon motion of any party or its
     own motion, order the seizure and impoundment of the dog pending trial.

     (B) In the event that a law enforcement officer has probable cause to believe that a
     dangerous or vicious dog is running at large, he may seize and impound the dog
     without seeking prior court order.

     (C) Nothing within this section shall be construed to prevent a law enforcement officer
     from seizing or destroying any animal which presents an immediate risk of physical
     harm to any person or property.

     (D) Any dog that attacks and injures any person or another dog, cat or domestic farm
     animal shall be ordered humanely destroyed when, in the court’s judgment , such dog
     represents a continuing threat of serious harm to persons or other such animals. The
     Chief of Police may petition a court of competent jurisdiction for an order to humanely
     destroy any dog impounded pursuant to this chapter which represents a threat of harm
     to any person caring for such animal. The court shall order any dog that kills or causes

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                                 Village of Swanton, Ohio 2010
       serious physical harm to any person, other than a person then committing a criminal
       trespass or other crime of violence upon the premises of the owner of such dog,
       humanely destroyed.
       (Adopting Ord. 2001-35, 8-27-01)


~ 90.25 Keeping Banned Dogs

       (A) No person shall own, keep, possess, harbor, maintain or have the care, custody or
       control of a dog within the Village which such dog has been banned by order of a court
       of competent jurisdiction from any municipality, county, township or other political
       subdivision.

       (B) Compliance with the requirements of this chapter is not a defense to a violation of
       this section.

       (C) No person shall own, keep, possess, harbor, maintain or have the care, custody or
       control of more than one vicious dog within the Village of Swanton.
       (Adopting Ord. 2001-35, 8-27-01)


~ 90.26 Strict Liability

The provision of Section 90.22 through 90.26 are specifically intended to impose strict liability.
(Adopting Ord. 2001-35, 8-27-01)


~ 90.99 Penalty

       (A) Whoever violates any provision of this chapter for which no penalty is otherwise
       provided shall be fined not more than $100. Each daily violation of any such provision
       shall constitute a separate offense.

      (B) Whoever violates ~ 90.04 or ~ 90.05 shall be guilty of a misdemeanor of the fourth
      degree. Each daily violation shall constitute a separate offense.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 505.99) (Ord. 88-11, passed 3-14-88)




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                                Village of Swanton, Ohio 2010
                 Chapter 91: Fire Prevention; Explosives and Fireworks

Section

                                    Fire Prevention Code

      91.01         Adoption of Fire Prevention Code

                                Fire Prevention Regulations

      91.20         Fire inspections
      91.21         Removal of flammables or obstructions
      91.22         Protective appliances
      91.23         Compliance with orders
      91.24         Waste receptacles for combustibles
      91.25         Fires to be confined in receptacles
      91.26         Fires producing smoke or odors

                                          Explosives

      91.40         Storage of explosives
      91.41         Sale of explosives to minors
      91.42         Blasting; permit and bond

      91.99         Penalty


                                    Fire Prevention Code

~ 91.01 Adoption of Fire Prevention Code

The BOCA Basic National Fire Prevention Code, 1984 Edition, is hereby adopted by reference
and made a part of this code, the same as if set out in full. (Adopting Ord. 92-20, passed 9-28-
92)


                                Fire Prevention Regulations

~ 91.20 Fire Inspections

The Fire Chief or any deputy designated by him is hereby authorized and empowered, at any
and all reasonable times and upon complaint or information, shall be required to enter and
inspect any premises, building or structure within the village with regard to the presence,
arrangement or deposit of materials or matter which may constitute a fire hazard or create
danger in case of fire. He is further authorized, empowered and required to inspect the
condition, size, arrangement and efficiency of all appliances on or in such premises for
protection against fire. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 549.01)



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~ 91.21 Removal of Flammables or Obstructions

All flammable or combustible materials not arranged or stored in such a manner as to afford
reasonable safety against the danger of fire, or any matter stored or arranged in such a
manner as to impede or prevent access to or exit from such premises in case of fire, shall be
ordered by the Fire Chief to be removed or rearranged in such a manner as to eliminate any
fire hazard. Such order shall be in writing and delivered to the owner, lessee or occupant of
the premises. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 549.02)


~ 91.22 Protective Appliances

If the Fire Chief shall find upon inspection that the appliances mentioned in ~ 91.20 are wholly
wanting or are inadequate in number, condition, size, arrangement or efficiency for the
reasonable protection of such premises against fire, he shall cause an order, in writing, to be
delivered to the owner, lessee or occupant, requiring the installation, replacement or repair of
appliance adequate for the reasonable protection of such premises in case of fire. (Adopting
Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 549.03)


~ 91.23 Compliance with Orders

Such order herein before mentioned shall be directed to the owner, lessee or occupant of
such premises, building or structure, or to the person in control of the articles, materials,
goods, wares or merchandise herein referred to, or to the owner thereof, as the circumstances
may require. It is hereby made the duty of such person to whom an order is directed to
comply with such order with all reasonable dispatch and diligence. In the event such person
shall fail or refuse to comply with any order made pursuant to ~ 91.21 and 91.22, or in case of
emergency, the matter therein referred to may be removed or rearranged by the Fire
Department. (Adopting Ord. 92-20, passed 9-28-92) (“64 Code, ~ 549.04)


~ 91.24 Waste Receptacles for Combustibles

Waste paper, ashes, oil rags, waste rags, excelsior or any material of a similar hazardous
nature shall not be accumulated in any cellar or any other portion of any
building of any kind. Proper fireproof receptacles shall be provided for such hazardous
materials. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 549.05) Penalty, see ~
91.99

~ 91.25 Fires To Be Confined In Receptacles

No person shall kindle any fire in or upon any of the streets, lanes, parks or any of the public
places within the limits of the village, unless the same is confined within a proper and safe
receptacle. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 549.06) Penalty, see ~ 91.99

~ 91.26 Fires Producing Smoke Or Odors
No person shall burn any garbage, refuse, rubbish, wet leaves or other material of any kind in
such a manner as to produce dense smoke, fumes or odors which are offensive or injurious to
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                                Village of Swanton, Ohio 2010
any person or property. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 549.08) Penalty,
see ~ 91.99


                                           Explosives

~ 91.40 Storage of Explosives

No person shall store at any time, in any powder house or magazine within the village limits, a
quantity of gunpowder or other similar explosive weighing in excess of 100 pounds. (Adopting
Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 545.09) Penalty, see ~ 91.99


~ 91.41 Sale of Explosives to Minors

No person shall sell, give away or otherwise dispose of or deliver to any person under 21
years of age any explosives, as defined in R.C. ~ 3737.821, whether such person is acting for
himself or for any other person. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 545.08)
Penalty, see ~ 91.99


~ 91.42 Blasting; Permit and Bond

No person shall cause a blast to occur within the village without making prior application in
writing, setting forth the exact nature of the intended operation, and receiving a permit to blast
from the Mayor. The Mayor, before granting such permit, may require the applicant to provide
a bond to indemnify the village and all other persons against injury or damages which might
result from the proposed blasting. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 545.10)
Penalty, see ~ 91.99

~ 91.99 Penalty

       (A) Any person who shall violate any of the provisions of the Fire Prevention Code
       adopted in ~ 91.01 or fail to comply therewith, or who shall violate or fail to comply with
       any order made thereunder, or who shall build in violation of any detailed statement of
       specifications or plans submitted and approved thereunder, or any certificate or permit
       issued thereunder, and from which no appeal has been taken, or who shall fail to
       comply with such an order as affirmed or modified by the Village Council or by a court
       of competent jurisdiction, within the time fixed herein, shall severally for each and every
       such violation and noncompliance respectively, be guilty of a misdemeanor, punishable
       be a fine of not less than $10 and not more than $500. The imposition of one penalty
       for any violation shall not excuse the violation or permit it to continue and all such
       persons shall be required to correct or remedy such violations or defects within a
       reasonable time; and when not otherwise specified, each ten days that prohibited
       conditions are maintained shall constitute a separate offense.
(Ord. 76-14, passed 10-25-76)

       (B) Any person violating any of the provisions of ~ 91.20 through 91.26, upon conviction
       thereof, shall be fined not more than $50.
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                               Village of Swanton, Ohio 2010
(‘64 Code, ~ 549.99)

      (C) Whoever violates any provision of ~ 91.40 through 91.42 shall be fined not more
      than $100 or imprisoned not more than 30 days, or both.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 545.99)




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                                 Village of Swanton, Ohio 2010
                                    Chapter 92: Nuisances

Section

                                      General Provisions

       92.01         Application of Chapter

                            Unsanitary Habitations or Structures

       92.13         Nuisance
       92.14         Inspection
       92.15         Unsanitary Habitations Prohibited
       92.16         Conditions Deemed Unclean and Unsanitary or a Public Nuisance
       92.17         Structures Unfit for Human Habitation or Unsafe for Use
       92.18         Additional Method for Order for Abatement of Vacation of Premises
       92.19         Posting Notice of Vacation
       92.20         Enforcement of Vacation Order by Village Administrator
       92.21         Enforcement Through Court Proceedings

                                       Annual Clean Up

       92.35         Annual Order to Clean Up Premises
       92.36         Individual Abatement Order; Suit to Collect Village Expenses
       92.37         Copy of Resolution to be Served or Published
       92.38         Accumulation of Stagnant Water or Putrid Substances
       92.39         Periodic Inspections; Order of Abatement
       92.40         Enforcement by Court Proceedings

                                              Weeds

       92.55         Duty to Cut Weeds Monthly
       92.56         Notice to Owner to Cut Noxious Weeds; Service
       92.57         Fees for Service and Return
       92.58         Procedure When Owner Fails to Comply with Notice
       92.59         Written Return to County Auditor; Amount, a Lien Upon Property

       92.99         Penalty


                                      General Provisions

~ 92.01 Application of Chapter

The provisions of this chapter shall be enforceable within the village concurrently with the state
and federal laws relative to sanitation and health, and the ordinances or orders of the County
Health District relative thereto, and shall not be construed as modifying, repealing, limiting or
affecting in any manner such laws, ordinances or orders. (Adopting Ord. 2003-6, passed 1-27-
03)(Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.01)
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                                 Village of Swanton, Ohio 2010
                            Unsanitary Habitations or Structures


~92.13 Nuisance

No lot owner shall permit vegetation, garbage, refuse, debris, or junk to exist on any lot in the
Village of Swanton, and the Council of the Village of Swanton determines that the existence of
such vegetation, garbage, refuse, debris, or junk to be a nuisance and that such nuisances
causes injury to the property of another, endangers life and health, is offensive to the senses,
violates laws of decency, or obstructs reasonable and comfortable use of one’s property. The
Village Administrator shall thereupon proceed to order such nuisances abated as provided in
Sections 92.36 and 92.37.
(Adopting Ord. 2003-41, passed 8-25-03)


~ 92.14 Inspection

      (A) The Village Administrator is hereby authorized and directed to make inspections of
      all structures within the Village of Swanton when:

             (1) There exists reasonable ground to believe that a nuisance exists; or

             (2) In response to a complaint that an alleged violation of the provisions of
              this Code has been committed or that a nuisance is being maintained.

      (B) All structures and premises subject to this Code are subject to inspection as
      necessary by the Village Administrator. Upon written notice delivered by hand or
      by regular mail form the Administrator that an interior inspection is needed, all
      interior parts of the premises shall be made available and accessible. The owner,
      agent and/or occupant are required to provide the necessary arrangements to
      facilitate such interior inspections.

      (C) Inspection shall be made between the hours of 8:30 a.m. and 5:00 p.m. unless the
      premises are not available during the foregoing hours for inspections, or there is reason
      to believe a violation exists of a character which is an immediate threat to health or
      safety, thereby requiring inspection and abatement without delay or notification.
(Adopting Ord. 2003-6, passed 1-27-03)


~ 92.15 Unsanitary Habitations Prohibited

No person shall lease, let, permit the occupancy of, permit the continuation of the occupancy
of or continue the occupancy of any structure or building, or any portion thereof is free from
unclean and unsanitary conditions, as defined in the subsequent sections of this subchapter,
and unless the provisions thereof are complied with.
(Adopting Ord. 2003-6, passed 1-27-03) (Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.05)
Penalty, see ~ 92.99



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                                 Village of Swanton, Ohio 2010
~ 92.16 Conditions Deemed Unclean and Unsanitary or a Public
        Nuisance

      (A) Any structure or building, or any portion thereof, used for human habitation shall be
      deemed to be in an unclean and unsanitary condition by reason of any portion of such
      building being infected with a communicable disease, or by reason of the absence
      thereon of toilet facilities as required by law or ordinance, or by reason of the known
      presence of sewer gas therein or thereon.

      (B) Any structure or building, or any portion thereof, used for human habitation shall be
      deemed to be in an unclean and unsanitary condition when unfit for human habitation
      or in a condition dangerous or harmful to the lives or health of the occupants by reason
      of the inhabited portion of the house being damp or wet, or by reason of such lack of
      repair, or by reason of such accumulation of dirt, filth, litter, refuse or other offensive or
      dangerous substances or liquids, or by reason of such defects in or lack of repair of or
      improper use of the drainage, plumbing or ventilation, or by reason of the existence on
      the premises of such a nuisance or other condition as is likely to cause sickness among
      the occupants. Any structure or building, or any portion thereof, used for human
      habitation which is in such unclean or unsanitary condition is hereby declared to
      constitute a public nuisance.

      (C) (1) Any public nuisance known in equity jurisprudence, or as provided by the
      statutes of the State of Ohio or the ordinances of the Village of Swanton.

          (2) Conditions dangerous to human life or detrimental to the health of persons who
          may be affected by such conditions due to the active and negligent operation
          thereof.

          (3) Unsanitary conditions or anything offenses to the senses or dangerous to health,
          in violation of this Code or any regulations and codes of the State of Ohio.

         (4) Fire hazards.
      (Adopting Ord. 2003-6, passed 1-27-03)(92-20, passed 9-28-92) (‘64 Code, ~ 517.06)
      Penalty, see ~ 92.99


~ 92.17 Structures Unfit for Human Habitation or Unsafe for Use

      (A) Should the Village Administrator, after conducting inspection pursuant to any
      provision of Section 92.14 of the Code, determine that a public nuisance as defined in
      Section 92.16 of this Code exists and that the nature of such public nuisance requires
      its summary abatement, the Village Administrator shall be obligated to perform the
      following duties:


             (1) Cause photographs of the public nuisance to be made;

             (2) Contact the Fire Chief when appropriate;


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                        Village of Swanton, Ohio 2010
      (3) Contact the County Health Department when appropriate;

      (4) Maintain written reports from the County Health Department, the Fire Chief
      and written reports made by the Code Administrator regarding the alleged public
      nuisance.

(B) When the Village Administrator has received all written reports regarding the alleged
public nuisance, he shall then determine what person(s) is the titled owner of said
property pursuant to the records on the Office of the County Auditor of Fulton or Lucas
County, Ohio. Upon determination of the ownership, the Village Administrator shall
cause a notice to be served upon such person(s) either personally, by certified mail, or
by leaving a copy at the usual place of residence, business or employment of such
person(s).

(C) The Village Administrator shall determine from the Office of the County Recorder of
Fulton or Lucas County, Ohio any and all lienholders of the property as documented
therein and shall cause a copy of the written notice sent to the owner of the premises to
be served upon the lienholders by certified mail.

(D) The notice as set forth in subsection (B) hereof to the owner and lienholders of the
property shall contain the following information:

      (1) The findings with respect to the existence of alleged public nuisance;

      (2) Steps necessary to abate the public nuisance;

      (3) That unless the owner shall cause the abatement of such public nuisance
      pursuant to the recommendation of the Village Administrator set forth in
      subsection (2) hereof within seventy-two hours after service of notice the Village
      shall abate said nuisance at the expense of such owner;

      (4) That the owner has a right to appeal such finding to the Board of Zoning
      Appeals pursuant to Section 150.306.

      (5) That the expense incurred in abating said nuisance may be certified to the tax
      duplicate of the individual property owners and addressed by the County Auditor
      and collected by the County Treasurer to satisfy the expense of abatement.

             (e) Whenever a condition exists which is an immediate threat to the health
             or public welfare and which, in the option of the Village Administrator is an
             emergency which requires immediate action to protect the public health,
             safety or welfare, the Village Administrator may, without notice or hearing,
             issue a notice directing the owner to take immediate action to correct or
             abate the emergency. Any such notice issued by the Village
             Administrator shall be witnessed by the Village Solicitor or Mayor. Such
             notice shall be served upon the owner by the best available means.
             Should the nuisance not be abated, the Village Administrator shall notify
             the Mayor who shall then direct the Administrator to take such steps to
             abate said nuisance as are necessary under the circumstances.

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             Village of Swanton, Ohio 2010
(f) Whenever a structure, dwelling, dwelling unit, or accessory structure is
declared unfit for human habitation or unsafe by the Village Administrator,
the structure shall be vacated within a reasonable time as determined by
the Village Administrator. No structure, dwelling, dwelling unit or
accessory structure which has been declared as unfit for human
habitation or unsafe shall again be used until written approval is secured
from the Village Administrator.

(g)Except as provided in Section (e), should any public nuisance not be
abated at the expiration of the time stated in the notice or within such
additional time as many be granted by the Administrator or the Board of
Zoning Appeals after appeal, the Village Administrator shall notify the
Mayor and the Village Solicitor in writing. The Mayor shall then direct the
Village Administrator to take such steps as are necessary to abate the
public nuisance found upon the premises. Such public nuisance may be
abated by the use of whatever means are necessary and the Mayor may
direct the Village Administrator to exercise whatever powers are
necessary to abate the public nuisance. Should it be practicable,
materials derived in the aforesaid abatement may be salvaged and sold at
public or private sale for the best obtainable price. The Village
Administrator shall keep an accounting of the proceeds thereof.

(h) The proceeds obtained from the sale of any material salvaged as a
result of an abatement of a public nuisance by the Village Administrator
shall be deposited in the General Fund of the Village and any deficiency
between the amount so received and the cost of abatement may be levied
as an assessment against and collected as any other assessment by the
Village. Nothing contained within this provision shall be construed to limit
any other method of collection or other remedy available to the Village in
law or in equity to recoup the deficiency aforementioned from the proper
individual.

(i) In the event the proceeds of sale of such salvage material exceeds the
cost of such abatement, the surplus shall be paid to the owner of the
premises from which such public nuisance was abated when his or her
proper claim thereof is established.

(j) In abating a public nuisance, the Village Administrator is authorized to
call upon and use the resources of the Village of Swanton, including each
department therein, or may use private contract to cause the abatement
thereof.

(k) (1) Any person affected by any notice which has been issued in
connection with the enforcement of any provision of this Code, by the
Village Administrator, or whenever it is claimed that the true intent and
meaning of the Code or any of the regulations thereunder have been
reconstructed or wrongly interpreted, the owner, or his duly authorized
agent, may appeal from the decision of the Village Administrator within


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                                Village of Swanton, Ohio 2010
                    fifteen days after such notice or decision as been served a provided in
                    Section 92.18 alleging that a public nuisance exists.

                    (k) (2) The decision of the Board of Zoning Appeals shall be final and
                    binding and shall be rendered at the conclusion of the hearing. Said
                    decision shall be served upon the owner in person at said hearing or by
                    certified mail.

                    (k) (3) An individual or property owner may file an appeal from the
                    decision of the Board of Zoning Appeals with 7 days from the date of the
                    decision by filing an appeal with the Court of Common Pleas pursuant to
                    Ohio Revised Code Section 2506.01.
                    (Adopting Ord. 2003-6, passed 1-27-03)

~ 92.18 Additional Method for Order for Abatement or Vacation of
        Premises

      (A) Whenever the County Board of Health ascertains from examination or reports of its
      inspectors or sanitary officers or otherwise that a public nuisance exists, as defined in ~
      92.16, in or upon any structure or building, or portion thereof, and is of the opinion that
      such nuisance is capable of being abated without immediate vacation of the premises,
      or such portion thereof, and serves notice upon the owner of such house, or his lessee
      or agent, or the person in possession, charge or control thereof, directing him to abate
      such nuisance and remove the unclean or unsanitary conditions within such reasonable
      time as may be fixed by the Board and specified in such notice, it shall then be the duty
      of such owner, agent or person to abate such nuisance within such time. Whenever
      such abatement does not take place within such time, or whenever in the opinion of the
      Board such abatement is impossible or impracticable without an immediate vacation of
      the house, or portion thereof, and the Board serves notice upon the owner, lessee,
      agent or person in possession, charge or control thereof to vacate or cause the
      vacation of such house or portion thereof designated in the notice, then it shall be the
      duty of such owner, lessee, agent or person to vacate or cause the vacation of such
      house, or portion thereof, within 20 days from the date of the service of such notice, or
      within a shorter time (not less than 24 hours in any case) as may be specified in such
      notice.

      (B) Whenever, either in addition to or without the service of such notices on the owner,
      lessee, agent or person in possession, charge or control, the Board is of the opinion
      that such nuisance can be abated by a tenant or other occupant of such house or
      portion thereof, and such notices, either for abatement of the nuisance or of vacation of
      the premises, are served upon such tenant or other occupant, then it shall be the duty
      of such tenant or other occupant to comply with the terms of such notices and to abate
      the nuisance or vacate the premises accordingly. After any such notice or order of
      vacation, it shall be unlawful to occupy or permit the occupancy of such premises, or
      portion thereof, until such nuisance shall have been completely abated and such
      building or portion thereof shall have been rendered clean and sanitary in accordance
      with the terms of such notices of the Board of Health. When there is no owner, agent,
      lessee or person in charge, possession or control, who is a resident of or can be served
      in the village, then personal service outside of the village on any such owner, agent,

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      lessee or person in charge, possession or control by anyone delegated by the Board of
      Health to make such service, or be registered letter, or if the address of the owner,
      lessee, agent or person in possession, charge or control is unknown, or service is not
      secured by registered letter after effort to do so, by notice by publication once a week
      for two consecutive weeks in any newspaper of general circulation in the village or
      posting or attaching to or on the outside of the structure or building of a copy of the
      notice or order consecutively for two weeks, shall have the same effect as service
      within the village.

      (C) When the notice or order of vacation follows a notice or order of abatement, as
      provided in 92.18, such notice or order of vacation shall not be enforced as provided in
      this chapter, unless the notice or order of abatement specifies a time when the person
      so notified or ordered may appear before the County Board of Health or officer issuing
      the same to show cause why such order or notice of vacation should not be issued, and
      unless the Board (or a majority thereof) or officer is present at its or his office at the
      time so specified, such time to be not less than 24 hours after the service of the notice
      or order. When the notice or order of vacation is issued, as provided in 92.18, without a
      previous notice or order of abatement, such notice or order of vacation shall not be
      enforced as provided in this chapter unless it specifies a time, not less than five days
      after the service thereof, when the person so notified or ordered may appear before the
      Board issuing the same to show cause why such notice or order should not be
      enforced, and the Board or a majority thereof is present at its office at the time so
      specified; provided that when, in the opinion of at least four-fifths of the members of
      such Board, an emergency exists which requires, for the protection of the health of
      occupants, the vacation of the building or portion thereof without a delay of five days,
      then no such fixing of a time for hearing shall be required.
(Adopting Ord. 2003-6, passed 1-27-03) (Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.07)
Penalty, see ~ 92.99

~ 92.19 Posting Notice of Vacation
Whenever such procedure, in the opinion of the Village Administrator or the County Board of
Health, is desirable or necessary, the Village Administrator or the Board of Health may affix
conspicuously on the buildings, or part thereof, the notice or order of vacation. (Adopting Ord.
2003-6, passed 1-27-03)


~ 92.20 Enforcement of Vacation Order by Village Administrator

When the notice or order of vacation has not been complied with, and the County Board of
Health certifies such fact to the Village Administrator, together with a copy of the order or
notice, it shall be the duty of the Village Administrator to enforce such notice or order of
vacation and to cause such premises to be vacated in accordance with the terms of such
notice or order. (Adopting Ord. 2003-6, passed 1-27-03) (Ord. 92-20, passed 9-28-92) (‘64
Code, ~ 517.10) (Ord. 88-13, passed 3-14-88)


~ 92.21 Enforcement Through Court Proceedings
Whenever the Mayor, Village Administrator or County Board of Health shall certify to the
Village Solicitor any failure to comply with any such order or notice of vacation, with the

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                                   Village of Swanton, Ohio 2010
request that civil proceedings for the enforcement thereof be instituted, the Solicitor shall
institute any and all proceedings, either legal or equitable, that may be appropriate or
necessary for the enforcement of such order or notice and the abatement of the nuisance
against which such order or notice was directed. Such suits or proceedings shall be brought in
the name of the village. Proceedings under this section shall not relieve any party defendant
from criminal prosecution or punishment under this title or any other criminal law or ordinance
in force within the village. This provision shall not be construed to limit the provisions of
Section 92.17 or Section 92.18 as to alternative methods of abatement of nuisances.
(Adopting Ord. 2003-6, passed 1-27-03) (Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.11)



                                       Annual Clean Up


~ 92.35 Annual Order To Clean Up Premises

Prior to May 10 of every year, the Mayor shall cause a notice or proclamation to be inserted in
one or more newspapers of general circulation within the village, ordering all persons to
thoroughly clean and provide proper drainage for all lands, yards, lots, premises or structures
and to cause all trash and other unclean and unsightly matter to be removed therefrom on or
before May 10. (Adopting Ord. 2003-6, passed 1-27-03) (Ord. 92-20, passed 9-28-92) (‘64
Code, ~ 517.16)


~ 92.36 Individual Abatement Order; Suit To Collect Village Expenses

If, upon inspection, it is found that the published order has not been complied with as to any
lot or parcel of ground, Council shall by resolution direct the owner, occupant or person in
charge of such land within ten days to abate such nuisance, setting forth the nature of the
violation and the acts required to be done. The resolution shall provide that upon failure or
refusal to comply with such order, the required work will be done by the village, with the
amount expended therefor to be a valid claim against such owner or occupant and charged as
a lien upon such land to be recovered by the village by suit in a court of competent jurisdiction.
(Adopting Ord. 2006-3, passed 1-27-03) (Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.18)


~ 92.37 Copy of Resolution To Be Served or Published

A copy of the resolution adopted under ~ 92.36 may be served personally or at the usual place
of residence of such owner, occupant or person in charge of such land, or be registered mail
or, in lieu of such service, may be published for two consecutive weeks in a newspaper of
general circulation in the village. (Adopting Ord. 2003-6, passed 1-27-03) (Ord. 92-20, passed
9-28-92) (‘64 Code, ~ 517.19)


~ 92.38 Accumulation of Stagnant Water or Putrid Substances
No owner, occupant or person in charge of any lot or parcel of ground shall at any time cause
or permit water to accumulate thereon and become stagnant or permit culverts, drains or
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                                Village of Swanton, Ohio 2010
natural watercourses thereon to become obstructed, or cause or permit any putrid or
unsanitary substance to accumulate thereon. (Adopting Ord. 92-20, passed 9-28-92) (‘64
Code, ~ 517.20) Penalty, see ~ 92.99


~ 92.39 Periodic Inspections; Order of Abatement

Independent of the annual cleanup provided for in ~ 92.35, the County Health Officer or
Village Administrator shall make periodic inspection of properties within the village and shall
report all violations of Chapter 92 to Council, which shall thereupon, by resolution, proceed to
order such nuisances abated as provided in ~ 92.36 and 92.37. (Adopting Ord. 92-20, passed
9-28-92) (‘64 Code, ~ 517.21) (Ord. 88-13, passed 3-14-88)


~ 92.40 Enforcement By Court Proceedings

In case of failure or refusal to comply with any such resolution of Council, the work required
thereby may be done at the expense of the village and the amount of money expended
therefor shall be a valid claim against such owner, occupant or person in charge and shall be
a lien upon such land which may be enforced by suit in any court of competent jurisdiction.
Proceedings under this section shall not relieve any party defendant from criminal prosecution
or punishment for violation of any section of this title or any other criminal law or ordinance in
force within the village. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.22)

                                             Weeds

~ 92.55 Duty to Cut Weeds Monthly

Any person owning or having charge of land within the village shall keep such property free
and clear from all noxious weeds and rank vegetation and shall be required to cut such weeds
and vegetation on the lots owned or controlled by him at least once monthly in each year
during the months of June, July, August and September and prior to the fifteenth day of the
respective months. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.23) (Ord. 74-11,
passed 6-24-74) Penalty, see ~ 92.99


~ 92.56 Notice to Owner to Cut Noxious Weeds; Service

       (A) Upon written information that noxious weeds are growing on lands in the village and
       are about to spread or mature seeds, the Council shall cause written notice to be
       served on the owner, lessee, agent, or tenant having charge of such land, notifying him
       that noxious weeds are growing on such lands and that they must be cut and destroyed
       within five days after service of such notice.

              (1) If the owner or other person having charge of the land is a nonresident of the
              village whose address is known, the notice shall be sent to his address by
              certified mail. If the address of the owner or other person
              having charge of the land is unknown it is sufficient to publish the notice once in
              a newspaper of general circulation in the county.
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                                Village of Swanton, Ohio 2010
             (2) This section does not apply to land being used under a village building or
             construction permit or license, a village permit or license, or a conditional zoning
             permit or variance to operate a junkyard, scrap metal processing facility, or
             similar business, or a permit or license issued pursuant to R.C. Ch. 3734., ~
             4737.05 to 4737.12, or R.C. Ch. 6111. (R.C. ~ 731.51) (‘64 Code, ~ 517.24)

      (B) Grass and/or weeds over eight inches tall are hereby declared to be a nuisance.
      Upon receipt of information that grass and/or weeds on a lot exceeds eight inches,
      notice will be sent to the property owner allowing the owner five days to cut the grass
      and/or weeds. If within five days the grass and/or weeds are not cut, the property
      owner will be cited for maintaining a nuisance.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 79-8, passed 6-29-79) Penalty, see            ~
92.99

~ 92.57 Fees for Service and Return

The Village Administrator, any police officer or the Clerk of Council may make service and
return of the notice provided for in ~ 92.56 and shall be allowed the same fee as that provided
for the service and return of a summons in a civil case before a magistrate. (R.C. ~ 731.52)
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 88-13, passed 3-14-88) (‘64 Code, ~ 517.25)

~ 92.58 Procedures When Owner Fails to Comply With Notice

If the owner, lessee, agent, or tenant having charge of the lands mentioned in    ~ 92.56 fails
to comply with the notice required by such section, the Council shall cause such noxious
weeds to be cut and destroyed or such litter removed and may employ the necessary labor to
perform the task. All expenses incurred shall, when approved by the Council, be paid out of
the money in the treasury of the village not otherwise appropriated. (R.C. ~ 731.53) (Adopting
Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.26)


~ 92.59 Written Return To County Auditor; Amount, A Lien Upon Property

The Council shall make a written return to the county auditor of their action under ~ 92.56,
92.57, and 92.58, with a statement of the charges for their services, the amount paid for labor,
the fees of the officers servicing the notices, and a proper description of the premises. These
amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands
from and after the date of entry and be collected as other taxes and returned to the village with
the general fund. (R.C. ~ 731.54) (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 517.27)


~ 92.99 Penalty

Whoever shall violate or fail to comply with any of the provisions of this chapter for which
another penalty is not provided shall be fined not less than $5 nor more than $50. Each daily
violation of any such provision shall constitute a separate offense. (Adopting Ord. 92-20,
passed 9-28-92) (‘64 Code, ~ 517.99 (a)) (Ord. 88-16, passed 3-14-88)



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                                  Village of Swanton, Ohio 2010
                                      Chapter 93: Littering

Section

       93.01          Short title
       93.02          Definitions
       93.03          Litter prohibited
       93.04          Placing litter in receptacles to prevent scattering
       93.05          Sweeping litter into gutters prohibited
       93.06          Merchants’ duty to keep sidewalks free of litter
       93.07          Litter thrown by persons in vehicles
       93.08          Trucks loads causing litter
       93.09          Litter in parks
       93.10          Litter in lakes and fountains
       93.11          Dropping litter from aircraft
       93.12          Posting notices prohibited
       93.13          Litter on occupied private property
       93.14          Owner to maintain premises free of litter
       93.15          Litter on vacant lots
       93.16          Distributing handbills
       93.17          Clearing litter from open private property by village

       93.99          Penalty


~ 93.01 Short Title

This chapter shall be known and may be cited as the “Anti-Litter Ordinance”. (Adopting Ord.
92-20, passed 9-28-92) (‘64 Code, ~ 515.01) (Ord. 582, passed 8-23-65)


~ 93.02 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
       Aircraft. Any contrivance now known or hereafter invented, used or designed for
       navigation or for flight in the air. The word “aircraft” includes helicopters and lighter-
       than-air dirigibles and balloons.
       Authorized Private Receptacle. A litter storage and collection receptacle which
       prevents litter deposited therein from being carried or removed therefrom by the
       elements.
       Village. The Village of Swanton.
       Commercial Handbill. Any printed or written matter, any sample or device, dodger,
       circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced
       original or copies of any matter of literature which:
              (1) Advertises for sale any merchandise, product, commodity or thing;
              (2) Directs attention to any business or mercantile or commercial establishment,
              or other activity, for the purpose of either directly or indirectly promoting the
              interest thereof by sales;
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                           Village of Swanton, Ohio 2010
       (3) Directs attention to or advertises any meeting, theatrical performance,
       exhibition or event of any kind, for which an admission fee is charged for the
       purpose of private gain or profit; the terms of this clause shall not apply where an
       admission fee is charged or a collection is taken up for the purpose of defraying
       the expenses incident to such meeting, theatrical performance, exhibition or
       event of any kind, when either of the same is held or given or takes place in
       connection with the dissemination of information which is not restricted under the
       ordinary rules of decency, good morals, public peace, safety and good order,
       provided, that nothing contained in this clause shall be deemed to authorize the
       holding, giving or taking place of any meeting, theatrical performance, exhibition
       or event of any kind without a license, where such license is or may be required
       by any law of this state or under any ordinance of this village; or

       (4) While containing reading matter other than advertising matter, is
       predominantly and essentially an advertisement, and is distributed or circulated
       for advertising purposes, or for the private benefit and gain of any person so
       engaged as advertiser or distributor.

Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Litter. Garbage, refuse and rubbish, as defined herein, and all other waste material
which, if thrown or deposited as herein prohibited, tends to create a danger to public
health, safety, and welfare.
Newspaper. Any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States, in
accordance with federal statute or regulation, and any newspaper filed and recorded
with any recording officer as provided by general law, and, in addition thereto, means
and includes any periodical or current magazine regularly published with not less than
four issues per year, and sold to the public.
Noncommercial Handbill. Any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other
printed or otherwise reproduced original or copies of any matter of literature not
included in the definitions herein of a commercial handbill or newspaper.
Park. A park, reservation, playground, beach, recreation center or any other public
area in the village owned or used by the village and devoted to active or passive
recreation.
Person. Any person, firm, partnership, association, corporation, company or
organization of any kind.
Private Premises. Any dwelling, house, building or other structure, designed or used
either wholly or in part for private residential purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway,
porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Public Place. Any and all streets, sidewalks, boulevards, alleys or other public ways,
and any and all public parks, squares, spaces, grounds and buildings.
Refuse. All putrescible and nonputrescible solid wastes, except body wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and
solid market and industrial wastes.


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                                  Village of Swanton, Ohio 2010
      Rubbish. Nonputrescible solid wastes consisting of both combustible and
      noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans,
      yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
      Vehicle. Every device in, upon or by which any person or property is or may be
      transported or drawn upon a highway, including devices used exclusively upon
      stationary rails or tracks.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 515.02) (Ord. 582, passed 8-23-65)


~ 93.03 Litter Prohibited

       (A) No person shall throw or deposit litter in or upon any street, sidewalk or other public
       place within the village except in public receptacles, in authorized private receptacles
       for collection, or in official village dumps. (Ord. 582, passed 8-23-65) (‘64 Code, ~
       515.03)

       (B) No person shall without lawful authority, place or dispose of in any manner, upon
       any public property or upon any premises of another, any paper, trash, garbage, waste,
       rubbish, refuse, junk, or any substance or material which is or may become noxious,
       offensive, injurious or dangerous to the public health, comfort or safety.

      (C) No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other
      noxious or offensive materials or substances to be collected or remain in any place to
      the damage or prejudice of others or of the public, or unlawfully obstruct, impede,
      divert, corrupt or render unwholesome or impure, any natural watercourse.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~517.13) Penalty, see ~ 93.99


~ 93.04 Placing Litter in Receptacles to Prevent Scattering

Persons placing litter in public receptacles or in authorized private receptacles shall do so in
such a manner as to prevent it from being carried or deposited by the elements upon any
street, sidewalk, or other public place or upon private property. (Adopting Ord. 92-20, passed
9-28-92) (Ord. 582, passed 8-23-65) (‘64 Code, ~ 515.04)


~ 93.05 Sweeping Litter Into Gutters Prohibited

No person shall sweep into or deposit in any gutter, street or other public place within the
village the accumulation of litter from any building or lot or from any public or
private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in
front of their premises free of litter. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed
8-23-65) (‘64 Code, ~ 515.05) Penalty, see         ~ 93.99


~ 93.06 Merchants’ Duty to Keep Sidewalks Free of Litter

No person owning or occupying a place of business shall sweep into or deposit in any gutter,
street, or other public place within the village the accumulation of litter from any building or lot
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                                  Village of Swanton, Ohio 2010
or from any public or private sidewalk or driveway. Persons owning or occupying places of
business within the village shall keep the sidewalk in front of their business premises free of
litter. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65) (‘64 Code, ~ 515.06)
Penalty, see ~ 93.99


~ 93.07 Litter Thrown By Persons In Vehicles

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street
or other public place within the village, or upon private property. (Adopting Ord. 92-20, passed
9-28-92) (Ord. 582, passed 8-23-65) (‘64 Code, ~ 515.08) Penalty, see ~ 93.99


~ 93.08 Trucks Loads Causing Litter

No person shall drive or move any truck or other vehicle within the village unless such vehicle
is so constructed or loaded as to prevent any load, contents or litter from being blown or
deposited upon any street, alley or other public place. No person shall drive or move any
vehicle or truck within the village, the wheels or tires of which carry onto or deposit in any
street or alley, or other public place, mud, dirt, sticky substances, litter or foreign matter of any
kind. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65) (‘64 Code, ~ 515.08)
Penalty, see ~ 93.99


~ 93.09 Litter In Parks

No person shall throw or deposit litter in any park within the village except in public receptacles
and in such a manner that the litter will be prevented from being carried or deposited by the
elements upon any part of the park or upon any street or other public place. Where public
receptacles are not provided, all such litter shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere as provided herein. (Adopting
Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65) (‘64 Code, ~ 515.09) Penalty, see ~
93.99

~ 93.10 Litter In Lakes And Fountains

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other
body of water in a park or elsewhere within the village.(Adopting Ord. 92-20, passed 9-28-92)
(Ord. 582, passed 8-23-65) (‘64 Code, ~515.10) Penalty, see ~ 93.99

~ 93.11 Dropping Litter From Aircraft

No person in an aircraft shall throw out, drop or deposit within the village any litter, handbill or
any other object. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65) (‘64
Code, ~ 515.16)

~ 93.12 Posting Notices Prohibited
No person shall post or affix any notice, poster or other paper or device, calculated to attract


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                                  Village of Swanton, Ohio 2010
the attention of the public, to any lamp post, public utility pole or shade tree, or upon any
public structure or building, except as may be authorized or required by law.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65) (‘64 Code, ~ 515.17)


~ 93.13 Litter On Occupied Private Property

No person shall throw or deposit litter on any occupied private property within the village,
whether owned by such person or not, except that the owner or person in control of private
property may maintain authorized private receptacles for collection in such a manner that litter
will be prevented from being carried or deposited by the elements upon any street, sidewalk or
other public place or upon any private property.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65) (‘64 Code, ~ 515.18)
Penalty, see ~ 93.99

~ 93.14 Owner To Maintain Premises Free Of Litter

The owner or person in control of any private property shall at all times maintain the premises
free of litter. However, this section shall not prohibit the storage of litter in authorized private
receptacles for collection. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65)
(‘64 Code, ~ 515.19) Penalty, see ~93.99

~ 93.15 Litter On Vacant Lots

No person shall throw or deposit litter on any open or vacant private property within the village
whether owned by such person or not. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 582,
passed 8-23-65) (‘64 Code~ 515.20)


~ 93.16 Distributing Handbills

       (A) No person shall throw or deposit any commercial or noncommercial handbill in or
       upon any sidewalk, street or other public place within the village. No person shall hand
       out, distribute or sell any commercial handbill in any public place. It shall not be
       unlawful, on any sidewalk, street or other public place within the village, to hand out or
       distribute, without charge to the receiver thereof, any noncommercial handbill to any
       person willing to accept it. (‘64 Code, ~ 515.11)

       (B) No person shall throw or deposit any commercial or noncommercial handbill in or
       upon any vehicle. It shall not be unlawful, in any public place, to hand out or distribute,
       without charge to the receiver thereof, a noncommercial handbill to any occupant of a
       vehicle who is willing to accept it. (‘ 64 Code, ~ 515.12)

       (C) No person shall throw or deposit any commercial or noncommercial handbill in or
       upon any private premises which are temporarily or continuously uninhabited or vacant.
       (‘64 Code, ~ 515.13)

       (D) No person shall throw, deposit or distribute any commercial or noncommercial
       handbill upon any private premises, if requested by anyone thereon not to do so, or if

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                                 Village of Swanton, Ohio 2010
      there is placed on such premises in a conspicuous position near the entrance thereof a
      sign bearing the words “no trespassing”, “no peddlers or agents”, “no advertisement”, or
      any similar notice, indicating in any manner that the occupants of such premises does
      not desire to be molested or have their right of privacy disturbed, or to have any such
      handbills left upon such premises. (‘64 Code, ~515.14)

      (E) No person shall throw, deposit or distribute any commercial or noncommercial
      handbill in or upon private premises which are inhabited, except by handing or
      transmitting any such handbill directly to the owner, occupant or
      other person then present in or upon such private premises. However, in case
      inhabited private premises are not posted, as provided in this chapter, such person,
      unless requested by anyone upon such premises not to do so, may place or deposit
      any such handbill in or upon such inhabited private premises, if such handbill is so
      placed or deposited as to secure or prevent such handbill from being blown or drifted
      about such premises or sidewalks, streets, or other public places. Mailboxes may not
      be so used when so prohibited by federal postal law or regulations The provisions of
      this section shall not apply to the distribution of mail by the United States, or to
      newspapers as defined herein, except that newspapers shall be placed on private
      property in such a manner as to prevent their being carried or deposited by the
      elements upon any street, sidewalk or other public place or upon private property.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65)(‘64 Code, ~ 515.15)
Penalty, see ~ 93.99


~ 93.17 Clearing Litter From Open Private Property By Village

      (A) Notice to remove. The Mayor is hereby authorized and empowered to notify the
      owner of any open or vacant private property within the village, or the agent of such
      owner, to properly dispose of litter located on such owner’s property which is dangerous
      to public health, safety or welfare. Such notice shall be by registered mail, addressed
      to such owner at his last known address.

      (B) Action upon noncompliance. Upon the failure, neglect or refusal of any owner or
      agent so notified to properly dispose of litter dangerous to the public health, safety or
      welfare within ten days after receipt of written notice provided for in division (A) above,
      or within 30 days after the date of such notice in the event the same is returned to the
      Village Post Office Department because of its inability to make delivery thereof,
      provided the same was properly addressed to the last known address of such owner or
      agent, the Mayor is hereby authorized or empowered to pay for the disposing of such
      litter or to order its disposal by the village.

      (C) Recorded statement constitutes lien. Where the full amount due the village is not
      paid by such owner within 30 days after the disposal of such litter, as provided for in
      divisions (A) and (B) above, then the Village Clerk shall cause to be recorded in the
      office of the County Auditor and County Treasurer a sworn statement showing the cost
      and expense incurred for the work, the date the work was done and the location of the
      property on which such work was done. The recordation for such sworn statement shall
      constitute a lien and privilege on the property, and shall remain in full force and effect
      for the amount due in principal and interest, plus costs of court, if any, for collection,

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      until final payment has been made. Such costs and expenses shall be collected in the
      manner fixed by law for the collection of taxes, and further shall be subject to the
      delinquent penalty of 10% in the event the same is not paid in full on or before the date
      the tax bill upon such charge appears becomes delinquent. Sworn statements
      recorded in accordance with the provisions hereof shall be prima facie evidence that all
      legal formalities have been complied with and that the work has been done properly
      and satisfactorily, and shall be full notice to every person concerned that the amount of
      the statement, plus interest, constitutes a charge against the property designated or
      described in the statement and that the same is due and collectible as provided by law.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65) (‘64 Code,                ~
515.21)


~ 93.99 Penalty

Whoever violates or fails to comply with any of the provisions of this chapter for which another
penalty is not provided shall be guilty of a minor misdemeanor. Each day such violation is
committed or permitted to continue shall constitute a separate offense and shall be punishable
as such hereunder. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 582, passed 8-23-65) (‘64
Code, ~ 515.99)




                              Chapter 94: Parks and Recreation

Section

                          Joint Parks and Recreation Department

      94.01         Establishment
      94.02         Composition
      94.03         Terms; compensation; vacancies
      94.04         Annual budget

                                 Park Rules and Regulations

      94.15         Park hours
      94.16         Concession stand
      94.17         Alcoholic beverages and narcotics
      94.18         Traffic regulations
      94.19         Animals


      94.99         Penalty

Cross-reference:
     Litter in parks, see ~ 93.09
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                                Village of Swanton, Ohio 2010
                          Joint Parks and Recreation Department

~ 94.01 Establishment

There is established a joint parks and recreation department with the village and the Swanton
School District as the joint parks and recreation board members, pursuant to R.C. ~ 755.14(B),
and ~ 755.16, hereinafter referred to as the Swanton Parks and Recreation Department, with
the power to equip, operate, and maintain all parks, playgrounds, play fields, gymnasiums,
public bath, swimming pools, and recreation centers and facilities and shall possess all the
powers and be subject to all the responsibilities as set forth in R.C. ~ 755.12 through 755.181.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 86-7, passed 4-14-86)


~ 94.02 Composition

The Parks and Recreation Department shall consist of nine members, four of whom shall be
members of the Board of Education of the Swanton Local School District or members
appointed by such Board of Education and the other five members of the
Swanton Parks and Recreation Department shall be appointed by the Mayor with consent of
Council. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 86-7, passed 4-14-86)


~ 94.03 Terms; Compensation; Vacancies

      (A) All members of the Parks and Recreation Department shall serve for terms of five
      years, except that the members first appointed shall be appointed for such terms that
      the term of two members shall expire annually thereafter, with the exception that one
      member’s term shall expire on every fifth year. All members of the Parks and
      Recreation Department shall be residents of the Village of Swanton or the Swanton
      Local School District.

      (B) The members of the Parks and Recreation Department shall serve without pay.

      (C) Vacancies in the Parks and Recreation Department occurring otherwise than by the
      expiration of a term shall be for the unexpired term and shall be filled in the same
      manner as the original appointments.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 86-7, passed 4-14-86)


~ 94.04 Annual Budget

Members of the Parks and Recreation Department shall submit an annual budget to the
Village Council and the Board of Education of the Swanton Local School District for the
coming year by November 31, of the prior year. After receiving approval of appropriate
budgets, the Parks and Recreation Department shall have the authority to authorize and
approve expenditures within the limits of that budget, or the funds approved and appropriated
by the Village Council and the Swanton Local School District, and subject to approval of the
Village Council or Board of Education. The recreation fund will be maintained through its fiscal
agent, Treasurer of the Swanton School District, and, the park fund will be maintained through
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its fiscal agent, the Clerk-Treasurer of the Village of Swanton. All budgets and expenditures
will be maintained in separate funds and accounting procedures. (Adopting Ord. 92-20,
passed 9-28-92) (Ord. 86-7, passed 4-14-86)


                                 Park Rules and Regulations

~ 94.15 Park Hours

Village parks will close at 10:30 p.m., except for the months of June, July, and August, during
which they will remain open until 11:30 p.m. The parks will open at 7:00 a.m.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 77-11, passed 6-27-77)

~ 94.16 Concession Stand

      (A) The concession stand will be open for the first game of the softball season and on
      all evenings on which there are activities scheduled in the park.

      (B) Established dates of operation of the concession stand shall be May 15 through
      July 31. Opening date may be later in the event there are no softball games scheduled.
      For dates other than these, special permission may be granted by the Parks and
      Recreation Department. Hours of operation will be: 6:30 p.m. until 15 minutes
      following completion of the last game.

      (C) The concession stand and the immediate area must be cleaned up each night at
      closing.

      (D) Operations of the concession stand must be under adult supervision at all times.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 77-11, passed 6-27-77) Penalty, see        ~
94.99


~ 94.17 Alcoholic Beverages and Narcotics

      (A) Absolutely no alcoholic beverages shall be permitted in the park, except as provided
      in division (C) below.

      (B) No illegal narcotics shall be allowed in the parks at any time.

      (C) Beer may be sold in the parks after prior approval of the Village Council. This
      approval will only be given after careful consideration and in cases where the
      Department feels it would be appropriate and serve a worthwhile purpose. Permission
      shall be granted only after a satisfactory agreement concerning the control of sales and
      cleanup after sales has been reached and after the following conditions are met:

             (1) The sponsoring organization shall enter into a written lease with the village
             and provide proof of liquor liability insurance.
             (2) All profits shall go to charitable purposes.
             (3) Sales and consumption of beer must be confined to a limited area and
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                                 Village of Swanton, Ohio 2010
             restricted from minors.
             (4) The appropriate license or permit shall be obtained by the group to
             which permission has been granted.
             (5) The park shall be cleaned up at no expense to the Parks and
             Recreation Department or the village, which shall include a daily cleanup as well
             as a good final cleanup at the conclusion of the event.
             (6) Stand, tents, fencing, and the like, must be removed from the premises
             within 24 hours after the completion of the event.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 77-11, passed 6-27-77) Penalty, see         ~
94.99

~ 94.18 Traffic Regulations

      (A) The speed of all vehicles within the parks shall be limited to ten miles per hour.
      (B) No parking shall be allowed on the north side of the drive from South Main Street to
      the Little League Diamond and on the east side from the Little League Diamond to
      West Garfield, nor on grass areas (excepting the parking area at the old tennis courts).

      (C) No bicycles shall be ridden in the parks off the roadways and must be walked when
      off roadways.

      (D) No unlicensed motor vehicles, such as motorbikes, snowmobiles, ATV vehicles, and
      the like, shall be allowed within any village park.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 77-11, passed 6-27-77) Penalty, see    ~
94.99


~ 94.19 Animals

No horses or unleashed dogs shall be allowed in the village parks. (Adopting Ord. 92-20,
passed 9-28-92) (Ord. 77-11, passed 6-27-77) Penalty, see~ 94.99


~ 94.99 Penalty

Whoever violates or fails to comply with any of the provisions of this chapter for which another
penalty is not provided shall be fined not more than $100. Each day such violation is
committed or permitted to continue shall constitute a separate offense and shall be punishable
as such hereunder. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 77-11, passed 6-27-77)




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                             Chapter 95: Streets and Sidewalks

Section

       95.01         Conditions precedent to improving streets
       95.02         Street opening and tunneling; permit and fee
       95.03         Curb cutting; permit and fee
       95.04         Permit application
       95.05         Bond for opening or tunneling required
       95.06         Pavement restoration
       95.07         Barricades and warning lights
       95.08         Sidewalk construction, supervision and contracts
       95.09         Protection of pavement prior to unloading
       95.10         Fences or buildings obstructing streets or sidewalks
       95.11         Materials on streets or sidewalks
       95.12         Duty to keep sidewalks in repair and free from obstruction including
                     plant life
       95.99         Penalty

~ 95.01 Conditions Precedent To Improving Streets

No department of the village shall accept, lay out, open, improve, grade, pave, curb, or light
any street or other way, unless such street or way shall have been accepted, opened or
otherwise received the legal status of a public street or way prior to the effective date of this
chapter, or unless such street or way corresponds in location and extent with a street or way
shown on a recorded plat which shall have been legally accepted by Council. (Adopting Ord.
92-20, passed 9-28-92) (‘64 Code, ~ 901.01)


~ 95.02 Street Opening and Tunneling; Permit Fee

       (A) No person other than the Public Works Supervisor or other authorized village
       employees shall make any opening or excavation in, or tunnel under, any street, alley,
       sidewalk or public way of the village unless a permit to do so shall have been obtained
       prior to commencement of the work.

      (B) A permit fee of $30.00 shall be charged to cover the costs of supervision, inspection
      and restoration of any opening, excavation or tunnel. Such fee shall be collected at the
      time the permit is issued.
(Adopting Ord. 97-27, passed 10-27-97) (Ord. 92-20, passed 9-28-92) (‘64 Code,           ~
901.02) Penalty, see ~ 95.99

~ 95.03 Curb Cutting; Permit and Fee

No person shall cut any curb on any of the streets, alleys or public ways within the village
without first having obtained a permit to do so. The permit shall be issued by the Village
Administrator and shall be conditioned that the permittee shall restore the curb to its former
condition in the event that the driveway or other use for which the curb was cut is abandoned


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                                  Village of Swanton, Ohio 2010
or discontinued. A permit fee of $20.00 shall be charged for the cutting of any curbs, which
fee shall be collected at the time the permit is issued.
(Adopting Ord. 97-27, passed 10-27-97) (Ord. 92-20, passed 9-28-92) (‘64 Code,          ~
901.03) Penalty, see ~ 95.99


~ 95.04 Permit Application

Each permit for making a street opening, excavation, tunnel or curb cut shall be confined to a
single project and shall be issued by the Village Administrator only. Application shall be made
on a form prescribed by Council giving the exact location of the proposed opening, excavation,
tunnel or curb cut, the kind of paving, the area and depth to be excavated or cut and such
other facts as may be provided for. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~
901.04)


~ 95.05 Bond For Opening Or Tunneling Required

      (A) Prior to obtaining a permit for the opening in or tunneling under of any street, alley,
      sidewalk or public way, the applicant shall furnish the village with a bond guaranteeing
      that the work shall be done to the full satisfaction of the village (represented by the
      Public Works Supervisor) and that the area affected by the work shall be restored, as
      nearly as possible, to its original condition and such condition maintained, at the cost of
      the permit holder, for a period of one year after the completion of the work. However,
      such bond may be released at an earlier period if, in the opinion of the Public Works
      Supervisor, such release is warranted. The amount of such bond shall be
      commensurate by the extent of the work and shall be determined by the Public W orks
      Supervisor, but in no event shall the amount be less than $1,000 for any one project.

      (B) Applicants who because of their operations find it necessary to enter the village
      streets, alleys or public ways at recurring intervals shall be permitted to furnish a
      blanket bond with the same conditions as set forth herein. The amount of such bond
      shall be determined by the Public Works Supervisor, but in no event shall it be less than
      $1,000. However, any project of an extensive nature may be covered by a specific
      bond subject to the discretion and approval of the Public Works Supervisor as to
      amount and conditions.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 901.05) Penalty, see ~ 95.99


~ 95.06 Pavement Restoration

      (A) The opening and restoration of a pavement or other surface shall be performed
      under the direction and to the satisfaction of the Public Works Supervisor and in
      accordance with the rules, regulations and specifications approved by the Mayor and
      Council.

      (B) Upon failure or refusal of the permittee to satisfactorily fill the excavation, restore
      the surface and remove all excess materials within the time specified in the permit or,
      where not specified therein, within a reasonable time after the commencement of the

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                                Village of Swanton, Ohio 2010
      work, the village may proceed without notice to make such fill and restoration and the
      bond referred to in ~ 95.05 shall be deemed forfeited. If the amount of such services
      performed by the village shall exceed the amount of the bond, the Village Solicitor and
      Clerk shall proceed to collect the remainder due from the permittee.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 901.06) Penalty, see ~ 95.99


~ 95.07 Barricades and Warning Lights

      (A) Any person engaged in or employing others in excavating or opening any street,
      sidewalk, alley or other public way shall have such excavation or opening fully
      barricaded at all times to prevent injury to persons or animals. (‘64 Code, ~ 901.07)

      (B) Any person engaged in or employing others in excavating, or otherwise in any
      manner obstructing a portion or all of any street, sidewalk, alley or other public way, at
      all times during the night season shall cause at least two illuminated amber lamps to be
      securely and conspicuously posted on, at or near each end of such obstruction of
      excavation, and if the space involved shall exceed 50 feet in extent, then at least one
      additional lamp for each added 50 feet or portion thereof excavated or obstructed shall
      be so posted. (‘64 Code, ~ 901.08)

      (C) No person shall abandon or knowingly permit to remain on public or private
      property, any excavation, well, cesspool or structure which is in the process of
      construction, reconstruction, repair or alteration unless the same is adequately
      protected by suitable barricades and guarded by warning devices or lights at night so
      that the condition will not reasonably prove dangerous to life or limb. (Adopting Ord. 92-
      20, passed 9-28-92) (‘64 Code, ~ 517.04) Penalty, see ~ 95.99


~ 95.08 Sidewalk Construction, Supervision and Contracts

It shall be the duty of the Public Works Supervisor to supervise construction or repair of
sidewalks within the village. He shall cause specifications to be prepared for
the construction of the various kinds of pavements and transmit the same to Council for
approval. When approved, Council shall advertise for proposals to do all the work which may
be ordered by the village in construction and repair of sidewalks, and shall contract therefor,
for a period not exceeding one year, with the lowest responsible bidder, who shall furnish good
and sufficient sureties for the faithful performance of the work. Council, if it deems it
advisable, may make separate contracts for the different kinds of work with different parties.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 901.09)

~ 95.09 Protection Of Pavement Prior To Unloading

No person shall unload any heavy material on the streets of the village, by throwing or letting
the same fall upon the pavement of any street, alley, sidewalk or other public way, without first
placing some sufficient protection over the pavement. (Adopting Ord. 92-20, passed 9-28-92)
(‘64 Code, ~ 901.10) Penalty, see ~ 95.99



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                                Village of Swanton, Ohio 2010
~ 95.10 Fences Or Buildings Obstructing Streets Or Sidewalks

No person shall obstruct any street, alley, sidewalk or other public way in the village by
erecting thereon any fence or building or by permitting any such fence or building to remain
thereon. Each day that any such fence or building is permitted to remain upon such public
way, shall be deemed a separate offense. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~
901.11) Penalty, see ~ 95.99


~ 95.11 Materials On Streets Or Sidewalks

No person shall encumber any street or sidewalk or, being the owner, occupant or person
having the care of any building or lot of land bordering on any street or sidewalk, permit the
same to be encumbered with barrels, boxes, cans, articles or substances of any kind so as to
interfere with the free and unobstructed use thereof. (Adopting Ord. 92-20, passed 9-28-92)
(‘64 Code, ~ 901.12) Penalty, see ~ 95.99


~ 95.12 Duty To Keep Sidewalks In Repair And Free From Obstruction Including Plant
         Life

No owner or occupant of abutting lands shall fail to keep sidewalks in repair and free from
obstructions, including encroachments by bushes, trees and other living plants.
(Adopting Ord. 93-5, passed 5-25-93) (Ord. 92-20, passed 9-28-92) (‘64 Code,              ~
901.13) Penalty, see ~95.99

~ 95.99 Penalty

Whoever violates any provision of this chapter shall be fined not more than $100. Any such
violation shall constitute a separate offense on each successive day continued.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 901.99)


                  Chapter 96: Excessive Noise and Unnecessary Noise

Section

      96.01         Excessive and Unnecessary Noise prohibited
      96.02         Exemptions
      96.03         Definitions
      96.99         Penalty

~ 96.01 Excessive and Unnecessary Noise Prohibited

      (A) No person shall make, cause or permit to be made or caused any unnecessary,
      excessive or offensive noise which injures or otherwise endangers the comfort, repose,
      health, peace or safety of other persons within the limits of the village.



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                               Village of Swanton, Ohio 2010
      (B) For the purposes of this section, the following shall be presumed to be
      unnecessary, excessive or offensive noise and in violation of the provisions of
      subsection (A) above:

             (1) No person operating or occupying a motor vehicle on a street, highway,
             alley, park, parking lot or driveway shall operate or permit the operation of any
             sound amplification system from within the vehicle so that the sound is plainly
             audible at a distance of fifty or more feet from the vehicle.
             (2) The operation, playing or permitting the operation or playing of any electronic
             device or musical instrument which produces, reproduces or amplifies sound so
             as to be audible and disturbing to surrounding properties, particularly between
             the hours of 11:00 p.m. to 7:00 a.m.


~ 96.02 Exemptions

      (A) Noises resulting from sports and recreational events authorized by public or private
      schools, the Village of Swanton or other governmental agency.

      (B) Noises resulting from authorized public activities such as parades, fireworks, sports
      events, musical productions and other activities which have the approval of the Village
      of Swanton.

      (C) Noises resulting from any authorized emergency vehicle, when responding to an
      emergency call or acting in time of emergency.

      (D) Noises resulting from moving vehicles operating on the Ohio Turnpike, railways
      within the Village, or air traffic arriving or departing from Toledo Express Airport, or
      successor facility.

~ 96.03 Definitions

      (A) “Motor Vehicle” includes but is not limited to automobiles, recreational vehicles, and
      trucks with or without trailers, motorcycles, motorized bicycles, go-carts, snowmobiles,
      locomotives and watercraft.

      (B) “Audible” means any sound that can be heard by a person using his or her normal
      faculties.

      (C) “Plainly Audible” means any sound produced by a sound amplification system
      which can be heard at a distance of fifty (50) feet or more. Measurement standards
      shall be by the auditory senses, based upon direct line of sight. Words or phrases need
      not be discernible and base reverberations are included.

      (D) “Sound Amplification System” means any radio, tape player, compact disc player,
      loudspeaker or other electronic device used for the amplification of the human voice or
      sound.



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                               Village of Swanton, Ohio 2010
       (E) “Properties” means an imaginary line along the ground surface, and its vertical
       extension, which separates the real property owned by one person from that owned by
       another person.

       (F) “Person” means any person, person’s, firm, association, copartnership, joint
       venture, corporation or any entity, public or private.


~ 96.99 Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor on a first
offense; on a second offense within one (1) year after the first offense, such person is guilty of
a misdemeanor of the fourth degree; on each subsequent offense within one (1) year after the
first offense, such person is guilty of a misdemeanor of the third degree. (Ord. 97-36, passed
1/12/98)
cross-reference: Chapter 90: Animals, Section 90.20 - Barking or Howling Dogs



                                Title XI: Business Regulations



       Chapter

              110.          Intoxicating Liquors

              111.          Peddlers and Solicitors




                              Chapter 110: Intoxicating Liquors

Section

       110.01               Adoption of state law by reference


~ 110.01 Adoption Of State Law By Reference

       (A) The village does hereby adopt the exact wording and terminology (excepting,
       however, all references to the establishment of State boards, bureaus and licenses,
       and the administration thereof, and also excepting all references to felonies) of R.C.
       Title 43, and aforesaid sections are incorporated herein and made a part hereof as
       though fully rewritten herein.


                                               169
                                  Village of Swanton, Ohio 2010
       (B) The village also adopts any changes, amendments or additions, which may be
       made in said Title 43 of the Revised Code of Ohio and said changes, amendments or
       additions shall become effective as of the effective date of said changes, amendments
       or additions.

       (C) The penalty for the violation of any section of R.C. Title 43 shall be the penalty
       provided by the various sections of the Revised Code of Ohio which are made a part
       hereof.

      (D) The various sections of this code shall be designated by the number of the enacting
      ordinance of the within codification and the individual number of the section of the Ohio
      Revised Code herein adopted. For example: Ordinance 92--4301.
(Adopting Ord. 92-20, passed 9-28-92)

                            Chapter 111: Peddlers and Solicitors

Section

       111.01        Soliciting without advance invitation prohibited
       111.02        Soliciting for religious, political, educational or civic donations

       111.99        Penalty


~ 111.01 Soliciting Without Advance Invitation Prohibited

The practice of going in and upon private residences in the village by solicitors, peddlers,
hawkers, itinerant merchants or transient vendors of merchandise who have not been
requested or invited to do so by the owner or occupant of such private residence, for the
purpose of soliciting orders of the sale of goods, wares and merchandise, and/or disposing of,
peddling or hawking the same, is declared to be a nuisance punishable as a misdemeanor.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 717.01) (Ord. 544, passed 7-25-60)
Penalty, see ~ 111.99


~ 111.02 Soliciting For Religious, Political, Educational Or Civic
          Donations

The practice of going in and upon private residences in the village by solicitors or professional
fund raisers for religious, political, educational, or civic donations and/or contributions is
regulated by the following:

       (A) Every person or organization which intends to solicit contributions for religious,
       political, educational, or civic purposes from residences in the village by door-to-door
       canvassing shall prior to any solicitation file with the Village Administrator the following
       information:

              (1) The name under which such person or organization intends to solicit
              contributions;

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                                  Village of Swanton, Ohio 2010
              (2) The names and addresses of officers, directors, trustees, and executive
              personnel of such organization;
              (3) The names, addresses, and social security numbers of all solicitors or
              professional fund raisers who act or will act on behalf of such person or
              organization;
              (4) The general purposes of such organization;
              (5) The purposes for which the contributions to be solicited will be used;
              (6) The period of time during which such solicitation is to be conducted;
              and
              (7) The written consent of any person or organization for which the
              solicitation is made.

       (B) Upon the filing of such information, the Village Administrator shall issue a permit to
       canvass for religious, political, educational, or civil purposes, which permit shall be
       carried by all solicitors and displayed upon request.

       (C) Solicitors shall be restricted to weekdays of Monday through Friday from 4:00 p.m.
       to 8:00 p.m.

       (D) Solicitors shall not enter upon residences upon which are displayed a sign reading
       “No Solicitors or Peddlers Invited, or any similar sign.

       (E) Upon the first communication to a solicitor by any person that they do not desire
       such solicitation, the solicitor or fund raiser shall immediately terminate the solicitation
       and vacate the property.

       (F) Any person participating in the solicitation by way of contribution or donation shall
       have a period of three business days to cancel said participation and require a refund of
       all money or property so contributed or donated.

       (G) Every person or organization required to register, which has received contributions
       during the preceding calendar year, shall, on or before March 31 of each year, file a
       written report with the Village Administrator which shall include a financial statement
       covering the preceding fiscal year of operation. Such report shall also show the gross
       income, expenses, and the amount accruing to the benefit of the religious, political,
       educational, or civic purpose for which the solicitation was made. Any such person or
       organization which maintains its books in other than a calendar year basis, shall file its
       report within 90 days after the close of its fiscal year. Such report shall state the names
       of its professional fund raisers, if any, and the amounts of compensation received by
       them. Such report, when filed, shall become public records.

      (H) The failure to file an annual financial report for prior years of operation shall
      constitute a basis to prohibit further solicitation with the village.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-12, passed 5-11-87) Penalty, see             ~
111.99




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                                Village of Swanton, Ohio 2010
~ 111.99 Penalty
Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor and
fined not more than $100 for each offense. Each individual solicitation shall constitute a
separate offense. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 717.99) (Ord. 544,
passed 7-25-60)



                                Title XIII: General Offenses

Chapter


             130.   Offenses Against Village Regulations


                    Chapter 130: Offenses Against Village Regulations

Section

      130.01               Adoption of state law by reference
      130.02               Negligently passing bad checks
      130.03               Curfew
      130.04               Assault on teacher, student or school employee; disrupting
                           school activity
      130.05               Throwing missiles
      130.06               Pointing and discharging firearms


~ 130.01 Adoption Of State Law By Reference

      (A) Adoption of general offenses code.

             (1) Title XIII of this code of ordinances embodies and prescribes penalties for
             offenses, against the village, not classifiable in previous titles and chapters. The
             word MISDEMEANORS as used in Title XIII is not exhaustive, and does not
             imply that offenses found elsewhere in this code of ordinances are not also
             misdemeanors and punishable as such.
             (2) Each act or omission for which a penalty of fine or imprisonment, or both, is
             provided under Title XIII or elsewhere in this code of ordinances is declared a
             violation of ordinance and unlawful, and is made a misdemeanor, upon
             conviction whereof, the penalty or penalties so provided shall be imposed by the
             court.
             (3) The village does hereby adopt for its general offenses code the exact wording
             and terminology (excepting, however, all references to the establishment of State
             Boards, bureaus and licenses, and the administration thereof, and also
             excepting all references to felonies) the following sections of the Revised Code
             of the State of Ohio:


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                               Village of Swanton, Ohio 2010
      Sections 2901.01 through and including Section 2967.31, inclusive;
      Sections 3719.01 through and including Section 3719.99, inclusive;
      Sections 3743.01 through and including Section 3743.99, inclusive;
      Sections 3761.01 through and including Section 3761.99, inclusive;
      Sections 3767.01 through and including Section 3767.99, inclusive;
      Sections 3773.01 through and including Section 3773.99, inclusive;
      and aforesaid sections are incorporated herein and made a part hereof as though fully
      rewritten herein.

             (4) The village also adopts as a part of its general offenses code any changes,
             amendments or additions, which may be made in said Sections 2901.01 through
             2967.31, inclusive; Sections 3719.01 through 3719.99, inclusive; Sections

             3743.01 through 3743.99, inclusive; Sections 3761.01 through Section 3761.89,
             inclusive; Sections 3767.01 through Section 3767.99, inclusive; Sections
             3773.01 through 3773.99, inclusive of the Revised Code of Ohio and said
             changes, amendments or additions shall become effective as of the effective
             date of said changes, amendments or additions.
             (5) The penalty for the violation of any section of the General Offenses Code of
             the village shall be the penalty provided by the various sections of the Revised
             Code of Ohio which are made a part hereof.

      (B) The various sections of this code shall be designated by the number of the enacting
      ordinance of this codification and the individual number of the section of the Ohio
      Revised Code herein adopted.
Example: Ordinance 92-20-4511.19.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 83-29, passed 8-22-83)


~ 130.02 Negligently Passing Bad Checks

      (A) No person shall negligently issue or transfer or cause to be issued or transferred a
      check or other negotiable instrument, knowing that it will be dishonored.

      (B) For the purpose of this section, a person who issues or transfers a check or
      negotiable instrument is presumed to know that it will be dishonored, if either of the
      following occurs:

             (1) The drawer had no account with the drawee at the time of issue or the stated
             date, whichever is later.
             (2) The check or instrument was properly refused payment for insufficient finds
             upon presentment within 30 days after issue or the stated date, whichever is
             later, and the liability of the drawer, endorser, or any party who may be liable
             thereon is not discharged by payment or satisfaction within ten days after
             receiving notice of dishonor.

      (C) Whoever violates this section is guilty of negligently passing bad checks, a minor
      misdemeanor.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 85-41, passed 10-28-85) Penalty, see ~ 10.99

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                                Village of Swanton, Ohio 2010
~ 130.03 Curfew

     (A) It is a curfew violation for any person under the age of 18 to be in a motor vehicle in,
     or otherwise, upon, or about the public streets, sidewalks, parks, public buildings and
     grounds, and public places of amusement and establishment in the Village between the
     hours for the respective ages as set forth below.
              (1) Under 12 years:               From darkness to dawn

            (2) 12, 13, 14, 15 years:          From 11:00 p.m. to 6:00 a.m.

            (3) 16, 17 years:                  From 12:00 a.m. to 6:00 a.m.

     (B) Responsibilities of parent or guardian:

            (1) No parent or guardian having the care and custody of any person under 18
            years of age shall knowingly permit such person to violate the curfew of this
            section or neglect to restrain or prevent such person from violating the curfew of
            this section.

     (C) Responsibilities of establishment operator:

            (1) No operator of any establishment or his agent or employee shall knowingly
            permit any person under the age of 18 to remain in or upon any public place of
            any establishment in violation of the curfew section.

     (D) Exceptions:

     This section does not apply to a person under 18 years of age who is:

            (1) Accompanied by his parent, guardian, or custodian: or
            (2) Accompanied by an adult over the age of 18 years specified by the parents,
            guardian or custodian of the juvenile considered to be in violation of section (A):
            or
            (3) Attending any school or church, lodge, meeting, or entertainment in which it
            would require persons to be out at a later hour than that called for in this section
            shall be required to be off the public streets, alleys, or highways, one hour after
            said function has ended: or
            (4) Performance of an emergency errand or legitimate business as directed by
            such person’s parent, guardian, or custodian having the care and custody of
            such person: or
            (5) Participating in or returning from lawful employment.

     (E) Penalties:

            (1) Any person under the age of 18 years found to be in violation of the
            provisions of Section (A) above shall be adjudicated a delinquent or unruly child
            and subject to the penalties and disposition as set forth in Chapter 2151 of the
            Ohio Revised Code;


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                                  Village of Swanton, Ohio 2010
                     (a) reasonable effort shall be made to contact a parent, guardian, or
                     custodian to whom any minor so apprehended shall be released in lieu of
                     continued detention;
                     (b) any juvenile so apprehended may be detained in the juvenile detention
                     facility pursuant to the procedures of the appropriate County Court of
                     Common Pleas, Juvenile Division
              (2) Whoever violates the provisions of Section (B) and (C) above, is guilty of the
              following:

                   (a) first offense within one (1) year shall be a minor misdemeanor
                   (maximum fine of $100.00);
                   (b) second offense within one (1) year shall be a misdemeanor of the
                   fourth degree (maximum fine of $250.00, maximum imprisonment of 30
                   days);
                   (c) third offense within one (1) year shall be a misdemeanor of the third
                   degree (maximum fine of $500.00, maximum imprisonment of 60 days).
(Adopting Ord. 97-16, passed 6-9-97) (Ord. 92-20, passed 9-28-92) (Ord. 85-1, passed 1-14-
85)


~ 130.04 Assault On Teacher, Student Or School Employee;
          Disrupting School Activity

       (A) No person shall assault, strike, threaten or menace a teacher, instructor, person in
       charge of a class of students or any employee of any school in the performance of his
       duties, or disrupt, disturb, or interfere with any activity conducted in a school building, or
       upon the grounds thereof, or in any public place, or improperly and unlawfully assault,
       strike, threaten, menace, follow, pursue or lay hands upon a student or other person in
       a school building, or upon the grounds thereof, or upon the way to or from any school,
       or on the way to and from any school sponsored activity.

      (B) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 88-31, passed 8-8-88) Penalty, see          ~
10.99


~ 130.05 Throwing Missiles

No person shall maliciously or recklessly, by hand or by means of slingshot, bow, air gun or
other similar device throw, shoot, cast or sling any stone, arrow, pellet or other similar missile.
(Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 545.05) Penalty, see ~10.99

~ 130.06 Pointing And Discharging Firearms

       (A) No person shall discharge any cannon, air gun, rifle, shotgun, revolver, pistol or
       other firearm, or any device discharging blanks, within the corporate limits of the
       municipality.



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                                 Village of Swanton, Ohio 2010
      (B) This section does not extend to cases in which firearms are used in self defense, in
      the discharge of official duty, in justifiable homicide or when lawfully authorized by the
      Mayor or Police Chief. (Adopting Ord. 92-20, passed 9-28-92) (‘64 Code, ~ 545.04 (a),
      (c)) Penalty, see ~ 10.99


                                    Title XV: Land Usage


             Chapter


                    150.          Zoning Code
                    151.          Subdivision Regulations
                    152.          Flood Damage Prevention


                                 Chapter 150: Zoning Code

Section
                           General Provisions

      150.001              Title
      150.002              Purpose and Intent
      150.003              Relation to Other Laws
      150.004              Interpretation
      150.005              Validity
      150.006              Form of Code
      150.007              Definitions


                             Establishment of Code and Maps

      150.020              Establishing of Districts
      150.021              Establishment of Regulations
      150.022              Establishment of Zone Map
      150.023              District Boundary Lines
      150.024              Annexed Territory
      150.025              Parcel Splits


                           Residential Districts

      150.035              Intent
      150.036              Permitted Buildings and Uses




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                      Village of Swanton, Ohio 2010
                  Area, Yard and Height Regulations

150.050           General Provisions
150.051           Schedule of Area, Yard and Height Regulations
150.052           Development Plans
150.053           Required Yards to be Maintained
150.054           Front Yards and Partially Built-Up Blocks
150.055           Side Yards of Insufficient Width
150.056           Yards on Corner Lots
150.057           Yards for Irregular Lots
150.058           Yard of Institutions in Residential Areas
150.059           Yards for Accessory Building and Uses
150.060           Projections into Yards
150.061           Building Permitted on Zoned Lot
150.062           Required Lot Area to be Maintained
150.063           Lots of Record of Insufficient Area
150.064           Dwelling Unit Area Requirements
150.065           Location of Utilities
150.066           Temporary Buildings and Enclosures
150.067           Parking
150.068           Signs


      Wireless Telecommunication Facilities in Residential Districts

150.069           Permitted Principal Use
150.070           Accessory Use
150.071           Conditional Use


                  Swimming Pools and Ponds

150.080           Private Swimming Pools
150.081           Community or Club Swimming Pools
150.082           Ponds


                  Fences

150.095           Purpose
150.096           Scope
150.097           Definitions
150.098           Prohibited Fences
150.099           Allowed Fences and Yard Requirements
150.100           Similar Fences
150.101           Required Front Yard Setbacks
150.102           Maintenance
150.103           Inspection
150.104           Permits

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               Village of Swanton, Ohio 2010
          Manufactured Home Districts

150.115   General Park Site and Development Standards
150.116   Individual Manufactured Home Lot Standards and
          Requirements
150.117   State Requirements


          Planned Unit Development

150.120   Purpose
150.121   Description
150.122   Zoning Applications Procedure
150.123   Additional Information
150.124   Public Hearing Process
150.125   Standards
150.126   Change to Approved Plan
150.127   Expiration and Extension of Approval Period


          Business Districts

150.130   Intent
150.131   Convenience Business District Use Regulations (B-1)
150.132   General Business Use Regulations (B-2)
150.133   Central Business District Use Regulations (B-3)
150.134   Area Regulations
150.135   Land Coverage
150.136   Yard Regulations
150.137   Height Regulations
150.138   Parking
150.139   Signs
150.140   Site Plan Requirements for Commercial Uses
150.148   Drive-Thru Business Establishments


          Industrial Districts

150.150   Intent
150.151   Light Industrial District Use Regulations (M-1)
150.152   Heavy Industrial District Use Regulations (M-2)
150.153   Area and Land Coverage Regulations
150.154   Yard Regulations
150.155   Height Regulations
150.156   Performance Standards
150.157   Parking
150.158   Signs
150.159   Site Plan for Industrial Use


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               Village of Swanton, Ohio 2010
          Airport Highway Overlay District

150.160   Purpose and Intent
150.161   Airport Highway Corridor District Boundaries
150.162   Review and Approval Procedures
150.163   Uses
150.164   Area, Yard and Height Regulations
150.165   Parking Requirements
150.166   Lighting Requirements
150.167   Access to Individual Parcels
150.168   Other Requirements

          Flood Plain Districts

150.170   Intent


          Nonconforming Uses

150.185   Intent
150.186   Lawful Nonconformance
150.187   Discontinuance and Abandonment
150.188   Maintenance and Repair
150.189   Restoration of Damaged Structure
150.190   Extension Prohibited
150.191   Nonconforming Change Prohibited
150.192   Moving Nonconforming Structure
150.193   Nonconforming Parking Facilities
150.194   Nonconforming Due to Amendments


          Home Occupations

150.205   Statement of Purpose
150.206   Definition
150.207   Necessary Conditions
150.208   Nameplate Allowed
150.209   Permitted Home Occupations
150.210   Home Occupations not Permitted
150.211   Conditional Use Permit


          Essential Services

150.225   Intent
150.226   Scope of Regulations




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              Village of Swanton, Ohio 2010
          Parking and Loading Facilities

150.240   Intent
150.241   Scope of Regulations
150.242   Measurement of Parking and Loading Units
150.243   Application and Design
150.244   Schedule of Parking Requirements
150.245   Modification of Requirements
150.246   Continuation of Facilities
150.247   Location of Parking Facilities
150.248   Loading Facilities
150.249   Schedule of Required Loading Facilities
150.250   Approval of Facilities

          Sign Regulations

150.260   Intent
150.261   General Provisions
150.262   Definitions
150.263   Design Standards
150.264   Application for Permit and Fees
150.265   Maintenance of Signs
150.266   Administration and Enforcement


          Fee Schedules

150.280   Fee Schedules
150.281   Table of Fees for Residential Zoning Permits


          Administration and Enforcement

150.295   Intent
150.296   General Procedures
150.297   Zoning Permit
150.298   Withholding Permits
150.299   Required Drawings
150.300   Application for Permits
150.301   Conditional Use Permits
150.302   Determination of Similar Uses
150.304   Enforcement
150.305   Planning Commission
150.306   Committee of Zoning Appeals
150.307   Amendment Procedures
150.308   Violations




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                                Village of Swanton, Ohio 2010
                          Site Plan Review

      150.400             Purpose and Intent
      150.401             Application
      150.402             Requirements
      150.403             Site Plan Requirements
      150.404             Accessory Structures
      150.405             Approval Procedure
      150.406             Expiration and Extension of Site Plan Approval


                          Wind Turbines

      150.420             Purpose
      150.421             Intent
      150.422             General Provisions


                          Landscaping Requirements

      150.500             Purpose and Intent
      150.501             Requirements
      150.502             Plant Material Specifications
      150.503             Maintenance and Replacements
      150.504             Buffers and Screening

                                     General Provisions

~ 150.001 Title

This chapter is the Zoning Code for the Village of Swanton, Ohio.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.002 Purpose and Intent

 A.   The purpose of the Zoning Code and the intent of the legislative authority in its
      adoption is to promote and protect to the fullest extent permissible under Ohio laws, the
      public health, safety, convenience, comfort, prosperity and the general welfare of the
      village; by regulating the use of buildings, other structures and land for residences,
      public facilities, business, services, industry, or other purposes; by regulating and
      restricting the bulk, height, design, percent of lot coverage and location of buildings; by
      regulating and limiting population density; and, for the aforesaid purposes, to divide the
      land within the corporation limits of the village into districts of such number and
      dimension in accordance with the objectives of the Zoning Code; and to provide
      procedures for the administration and amendment of said Zoning Code.

 B.   This Zoning Code is intended to achieve, among others, the following objectives:


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                                Village of Swanton, Ohio 2010
         1.   To protect the character and values of residential, institutional and public use,
              business, commercial and manufacturing uses; and to insure their orderly and
              beneficial development;

         2.   To provide adequate open spaces for light, air and outdoor use;

         3.   To prevent overcrowding of the land;

         4.   To prevent excessive concentration of population; and, on the other hand, to
              prevent sparse and uncoordinated development;

         5.   To regulate and control the location and spacing of buildings on the lot and in
              relation to the surrounding property so as to maintain the public health and the
              village;

         6.   To regulate the location of buildings and intensity of uses in relation to streets
              according to plans so as to cause the least interference with, and be damaged
              least by traffic movements, hence result in lessened street congestion and
              improved safety;

         7.   To establish zoning patterns that insure economical extensions for sewers,
              water supply, waste disposal and other public utilities as well as development of
              recreation, schools and other public facilities;

         8.   To accomplish the specific intent and goals set forth in the introduction to the
              respective sections.

(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.003 Relation to Other Laws

  A.   The provisions of this Zoning Code shall supplement any and all laws of the State of
       Ohio, ordinances of this village or any and all rules and regulations promulgated by
       authority of such law or ordinance relating to the purpose and scope of such Zoning
       Code.

  B.   The provisions of the Zoning Code shall not annul or in any way interfere with existing
       deed or plat restrictions, easements or other agreements between persons, codes,
       laws, rules, regulations or permits previously adopted or issued except those
       ordinances or sections thereof which are contrary to and in conflict with this Zoning
       Code.

  C.   Whenever this Zoning Code imposes greater restrictions upon the use of buildings or
       land, the heights or bulk of buildings, or requires larger land or building areas, yards, or
       other open spaces than are otherwise required or imposed by other deed or plat
       restrictions, codes, laws, ordinances, rules or regulations, this Zoning Code shall
       control; and conversely, other regulations shall control where they impose greater
       restrictions than this code. The Village of Swanton cannot enforce deed or plat
       restrictions. Only property owners can enforce such requirements.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)
                                                182
                                 Village of Swanton, Ohio 2010
~ 150.004 Interpretation

In interpreting and applying the provisions of this Zoning Code, such provisions shall be held
to be the minimum requirements of the promotion of public health, safety, convenience,
comfort, prosperity and general welfare and to accomplish the objectives set forth throughout
this code. Except as specifically provided herein, it is not intended by the Zoning Code to
repeal, abrogate or annul any existing provision of any law or ordinance or any rule or
regulation previously adopted or issued pursuant to law relating to the use of structures and
land and the design, erection, alteration or maintenance of structure thereon. (Adopting Ord.
92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.005 Validity

Should any section or provision of this Zoning Code be declared invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the Zoning Code as a
whole, or any part thereof, other than the section or provision so declared to be invalid. Nor
shall the decision affect its application to different facts or circumstances.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.006 Form of Code

This Zoning Code is included as Chapter 150 under “Code of Ordinances of the Village of
Swanton, Ohio”. Chapter 150 is subdivided into sections. The chapter and section headings
herein have been inserted for convenience in reference and are not intended to define or limit
the scope of, or otherwise affect, any provision of this Zoning Code.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.007 Definitions

  A.   Interpretation. Words of this Zoning Code are normally used in their ordinary English
       usage. Certain terms are, however, defined in this section and whenever used in this
       Zoning Code, they shall have the meaning as set forth in the subsection of this section,
       except where the context clearly indicates a different meaning.

  B.   General Terms.

         1.   The word shall is to be interpreted as mandatory and shall be complied with
              unless waived; may is to be interpreted as having permission or being allowed
              to carry out a provision; should is to be interpreted as expressing that the
              application of said criteria or standard is desired and essential unless
              commensurate criteria or standards are achieved.

         2.   All words used in the singular shall include the plural, and words used in the
              present tense shall include the future tense, unless the context clearly indicates
              the contrary.



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                              Village of Swanton, Ohio 2010
       3.   The phrase used for shall include arranged for or designed for, intended for,
            maintained for, or occupied for.

       4.   Committee. The Committee of Zoning Appeals of the Village of Swanton.

       5.   Clerk. The duly acting and qualified Clerk of the Village of Swanton.

       6.   Code. The Zoning Code of the Village of Swanton.

       7.   Council. The legislative body of the Village of Swanton.

       8.   County. The County of Fulton or the County of Lucas, Ohio

       9.   Developer. A person commencing proceedings under this Zoning Code to
            effect the development of land for himself or for another.

     10.    Engineer. The Engineer hired by the Village of Swanton.

     11.    Person. The individual, firm, association, corporation, trust or any other legal
            entity, including his or its agents.

     12.    Regulation. A rule, restriction or other mandatory provision in this Zoning Code
            intended to control, require or prohibit an act.

     13.    Standard. A test, measure, model or example of quantity, extent or quality.

     14.    Variance. A modification of the zoning regulations, permitted in instances
            where a literal application of the provisions of the Zoning Code would result in
            unnecessary hardships as a result of some peculiar or unique condition or
            circumstances pertaining only to the zoning lot in question in accordance with
            procedures and standards set forth in ~ 150.305.

     15.    Village. The Village of Swanton.


C.   Areas, Buildings and Land.

       1.   Area of Buildings. The area at the ground level of the main building and all
            accessory buildings, excluding unenclosed porches, terraces and steps,
            measured from the outside surface of exterior walls.

       2.   Area of Dwelling Unit. The sum of the gross floor areas above the basement
            level, including those rooms and closets having the minimum ceiling height,
            light, ventilation, and any other features as further defined in ~ 150.050 through
            150.068.

       3.   Area of Lot. The total horizontal area within the lot boundary lines of a zoning
            lot.

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                               Village of Swanton, Ohio 2010
D.   Automotive Uses.

       1.   Accessory Parking Area. An open or enclosed privately owned area used for
            passenger vehicles for occupants, their guests or customers, of a main building.

       2.   Automobile Sales. The use of any building, land area or other premises for the
            display and sale of new or used automobiles, panel trucks, vans or trailers and
            including any warranty repair work and other repair service conducted as an
            accessory use.

       3.   Automotive Service Station. Any building, land area or other premises, or
            portion thereof, used or intended to be used for retail dispensing or sales of
            vehicular fuels; and including as an accessory use the sales and installation of
            lubricants, tires, batteries and similar accessories.

       4.   Loading Space. An open or enclosed space other than a street used for the
            temporary parking of a commercial vehicle while its goods are being loaded or
            unloaded.

       5.   Private Garage. A building, accessory to a one- or two-family dwelling, used
            exclusively for the parking or temporary storage of passenger automobiles.

       6.   Public Parking Area. An open or enclosed publicly owned area used for
            passenger vehicular parking, with or without a fee.

       7.   Repair Garage. A main or accessory building used or designed for repairing
            motor vehicles; a service garage if accessory to an automobile salesroom.

       8.   Storage Garage. A main or accessory building, other than a private garage,
            used for the parking or temporary storage of passenger vehicles, and in which
            no service shall be provided for remuneration.

E.   Building and Structure.

       1.   Accessory Building. A subordinate building including a private garage
            detached from, but located on the same lot as the main building, the use of
            which is incidental and accessory to that of the main building use.

       2.   Basement. The portion of a building that is partly or completely below grade
            and habitable.

       3.   Building. Any structure having a roof supported by columns or walls and
            intended for the shelter, housing or enclosure of any individual, animal process,
            equipment, goods or materials of any kind or nature.

       4.   Building Line. A line established by this Zoning Code, generally parallel with
            and measured from the front lot line, defining the limits of a front yard in which
            no building or structure may be located above ground except as may be
            provided in this Zoning Code.
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                               Village of Swanton, Ohio 2010
       5.   Crawl Space. A space between the ceiling of one story and floor of the next
            story, which usually contains pipes, ducts, wiring and light fixtures and permits
            access but is too low for an individual to stand and would be uninhabitable.

       6.   Garage, Unattached. A detached subordinate structure(s), the use of which is
            incidental to that of the principal structure and located on the same lot therewith.

       7.   Gazebo. A freestanding decorative roofed accessory structure which is not
            enclosed and is utilized for the purpose of relaxation in conjunction with a
            residential dwelling.
       8.   Height of Building. The vertical distance of a building measured from the
            average elevation of the finished grade within 20 feet of the structure to the
            highest point of the roof. (Comment: building heights usually exclude
            penthouses containing mechanical equipment such as air conditioning or
            elevator equipment and church spires, water towers, radio antennas, etc. The
            provision for measuring the finished lot grade within 20 feet of the structure is to
            prevent the deliberately building up of a portion of the site on which the building
            will sit in order to permit an additional story to be constructed.)

       9.   Land Coverage. That percentage of lot covered by the main and accessory
            building.

     10.    Main Building. The building occupied by the main use or activity intended for
            the premises, all parts of said building are connected in a substantial manner by
            common walls and a continuous roof.

     11.    Structure. That which is constructed on or under the ground or attached or
            connected thereto, including but not limited to: buildings, barriers, bridges,
            bulkheads, chimneys, fences, garages, gazebos, green houses, outdoor seating
            facilities, parking areas, platforms, pools, poles, streets, tanks, towers, sheds,
            signs, walls and walks; and including mobile homes, trailers and other vehicles
            whether on wheels or other supports.

F.   Family.

       1.   Family. Either one individual, two or more persons related by blood, marriage
            or adoption, or not more than five persons not related by blood, marriage or
            adoption, who live together in one dwelling unit.

G.   Dwelling and Other Living Accommodations.

       1.   Dwelling. A building designed or occupied exclusively for residential use and
            permitted accessory uses.

       2.   Dwelling Unit. Space, within a dwelling, comprising living, dining, sleeping
            room or rooms, storage closets, as well as space and equipment for cooking,
            bathing and toilet facilities, all used by only one family and its household
            employees.

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                         Village of Swanton, Ohio 2010
3.   Industrialized Unit. A building unit or assembly of closed construction
     fabricated in an off-site facility, that is substantially self sufficient as a unit or as
     a part of a greater structure and that requires transportation to the site of
     intended use. Industrialized unit includes units installed on the site as
     independent units, as part of a group of units, or incorporated with standard
     construction methods to form a completed structural entity. Industrialized unit
     does not include a manufactured or mobile home as defined herein.

4.   Manufactured Home. A non self-propelled building unit or assembly of closed
     construction fabricated in an off site facility, and which conforms with the federal
     construction and safety standards established by the Secretary of Housing and
     Urban Development (HUD) pursuant to the “Manufactured Housing Construction
     and Safety Standards Act of 1974, and that has a label or tag permanently
     affixed to it certifying compliance with all applicable federal construction and
     safety standards. A manufactured home is transportable in one or more
     sections, which, in the traveling mode, is eight (8) feet or more in width or forty
     (40) feet or more in length or, when erected on site, is three hundred twenty
     (320) or more square feet, and which is built on a permanent chassis, designed
     to be used as a dwelling with or without permanent foundation when connected
     to required utilities. Calculations used to determine the number of square feet in
     a structure’s exterior dimensions are measured at the largest horizontal
     projections when erected on site. These dimensions include all expandable
     rooms, cabinets, and other projections containing interior space, but do not
     include bay windows. (ORC 4501.01) For the purposes of this section, chassis
     means a steel frame specifically designed and constructed with wheels or
     running gear and towing tongue installed for transportation on public streets or
     highways and designed without the need for a permanent foundation arriving at
     the site complete and ready for residential occupancy except for minor and
     incidental unpacking and assembly operations; location on wheels, jacks,
     blocks, or other foundation, connection to utilities and the like.

5.   Mobile Home. A non self-propelled building unit or assembly of closed
     construction that is fabricated in an off-site facility, built on a permanent movable
     chassis which is 8 feet or more in width and more than 35 feet in length, which
     when erected on site is 320 or more square feet, that is transportable in one or
     more sections and which does not qualify as a manufactured home or
     industrialized unit.

6.   Motel. A building or buildings, providing overnight accommodations principally
     for travelers in which access to each rental unit is provided directly through an
     exterior door.

7.   Multi-Family Dwelling. A building consisting of three or more dwelling units
     with varying arrangements or entrances and party walls.
       a. Apartment. A multifamily building comprised of three or more dwelling
            units arranged one above the other and side by side, each unit having at
            least one entrance connected to a common interior hall leading to the
            exterior.


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                               Village of Swanton, Ohio 2010
              b.   Townhouse. A residential dwelling unit which is connected by one or
                   more walls to a series of similar units, usually sharing the same street
                   frontage.

       8.   Single Family Dwelling. Detached, individual dwelling units, which
            accommodate one family related by blood, adoption, or marriage; or up to five
            unrelated individuals living as one housekeeping unit. The type of construction
            of such units shall conform either to the OBOA, or CABO “One and Two Family
            Dwelling Code”, or other applicable building code if adopted, or be classified as
            an “Industrialized Unit” under the Ohio Building Code, or conform to Ohio
            Revised Code 303.212, definitions of permanently sited manufactured housing,
            as follows:
            Permanently Sited Manufactured Housing must:
              a. Be constructed pursuant to the HUD Code (Manufactured Housing
                 Construction and Safety Standards Act of 1974, 42 U.S.C.A. 88 stat. 700,
                 5401 and 5403) after January 1, 1995. It must also have a permanent
                 label or tag attached to it as specified in 42 U.S.C.A. 5415, certifying
                 compliance with all federal construction and safety standards.
              b. Be attached to a permanent frost-free foundation (slab, crawl space
                 foundation or full foundation).
              c. Be connected to appropriate utilities.
              d. Have a length of at least 22 feet and a width of at least 24 feet, as
                 manufactured.
              e. Have at least 1,000 square feet of living area.
              f. Have conventional residential siding (i.e. lap, clapboard, shake, masonry,
                 vertical natural materials), a 6 inch minimum eave overhang, and a
                 minimum “A” roof pitch of 3:12.
              g. Have removed it indicia of mobility (temporary axles, trailer tongue,
                 running lights) upon placement upon its foundation.
              h. Be intended to be assessed and taxed as permanent real estate, not
                 personal property

       9.   Two-Family Dwelling. A building consisting of two dwelling units which may be
            either attached side by side or one above the other, and each unit having either
            a separate or combined entrance or entrances.

H.   Lot, Parcel and Land.

       1.   Common Land. Land in a subdivision or development area not owned as
            private land or occupied by dwellings or other buildings created for common
            usage by restrictions, easements, covenants or other conditions running with the
            land, and which is held for the use and enjoyment by or for the owners or
            occupants of the dwellings or buildings in a subdivision or development area.

       2.   Corner Lot. A lot abutting on two streets at their intersection, if the interior
            angle of intersection is not more than 135 degrees.

       3.   Front Lot Line. The lot line separating an interior lot from the street upon which
            it abuts; or the shortest lot line of corner lot which abuts upon a street. Unless
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                                 Village of Swanton, Ohio 2010
             the context clearly indicates the contrary, it shall be construed as synonymous
             with “street line”.

        4.   Interior Lot. A lot other than a corner lot or through lot.

        5.   Lot. A designated parcel, tract or area of land established by plat, subdivision,
             or as otherwise permitted by law, to be used, developed or built upon as a unit.

        6.   Lot Depth. The mean horizontal distance of a lot measured along the building
             line at right angle to the mean lot depth line. Width at front lot line is measured
             along the street line.

        7.   Lot Line. A boundary of a lot separating it from adjoining public, common or
             private land, including a public street.

        8.   Lot of Record. Land designed as a private parcel on a plat map or deed in the
             records of Fulton County or Lucas County, Ohio.

        9.   Lot Width. The horizontal distance of a lot measured along the building line at
             right angle to the mean lot depth line. Width at front lot line is measure along
             the street line.

       10.   Private Land. Land in a subdivision or development area which shall be
             adjoining, attached and assigned to a one-family or townhouse dwelling, to be
             held as an open space in ownership with the dwelling in the subdivision or
             development area, and which shall be identified on subdivision and
             development plans submitted to the village.

       11.   Rear Lot Line. A lot line parallel or within 45 degrees of being parallel to the
             front lot line.

       12.   Side Lot Line. A lot line which is neither a front nor rear lot line.

       13.   Zoning Lot. A parcel of land abutting a dedicated street, occupied or intended
             to be occupied by a main and/or accessory use or a main or accessory building,
             as a unit together with such open spaces as required by this Zoning Code.
             Unless the context clearly indicates the contrary, the term lot is used
             synonymously with zoning lot in this Zoning Code and it may or may not coincide
             with a lot of record.


I. Maps, Plans and Plats.

        1.   Development Area. The minimum area of land permitted by this Zoning Code
             to be developed by a single owner or a group of owners, acting jointly, which
             may consist of a parcel or assembled parcels, and includes a related group of
             one-family dwellings, townhouses, and apartment dwellings planned and
             developed as an entity under the planned development area procedures.

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                               Village of Swanton, Ohio 2010
       2.    Final Plan. The final plan prepared by a developer based upon the approved
             preliminary plan of a proposed development or development area which consists
             of detailed drawings and specifications.
       3.   Map. A drawing showing geographic, topographic or other physical features of
            the land.

       4.   Plan. A drawing of a proposed design or of work to be performed.

       5.   Plat. A map of a lot, parcel, subdivision or development area on which the lines
            of each element are shown by accurate distances and bearings.

       6.   Preliminary Plan. A drawing prepared by a developer, which may include
            explanatory exhibits and text, submitted to the designated authority for the
            purpose of study of a proposed development of land, or a preliminary plan of
            land and buildings of a development area which, if approved by the designated
            authority, provides the basis for proceeding with the preparation of the final plan
            of a development or development area.

J. Nonconforming Building, Lot and Use.

       1.   Nonconforming Building. A building existing lawfully at the time this Zoning
            Code, or an amendment thereto, became effective but which does not conform
            to the lot area, width, access or other requirements of the district in which it is
            located.

       2.   Nonconforming Lot. A lot existing lawfully at the time this Zoning Code, or an
            amendment thereto, became effective but which does not conform to the lot
            area, width, access or other requirements of the district in which it is located.

       3.   Nonconforming Use. The use of a building or land, existing lawfully at the time
            this Zoning Code, or an amendment thereto, became effective but which does
            not conform to the use regulations, off-street parking and loading requirements,
            performance standards or other use regulations of the district in which it is
            located.

K.   Streets.

     Street. Any vehicular way which: is an existing state, county or municipal roadway; or
     is shown on a plat approved pursuant to law; or is approved by other official action; or is
     shown on a plat duly filed and recorded in the office of the County Recording Officer
     prior to the appointment of a Planning Board and the grant to such Board of the power
     to review plats; and includes the land between the street lines, whether improved or
     unimproved.

       1.   Alley. A minor way which is used primarily for vehicular service access to the
            back or the side of properties whose principal frontage is on some other street.
            An alley is classified as a street.
       2.   Arterial Street. A principal or heavy traffic street of considerable continuity and
            used primarily as a traffic artery. (i.e.: Hallett Ave.)
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                               Village of Swanton, Ohio 2010
      3.    Collector Street. A street which carries traffic from minor streets to arterial
            streets or major thoroughfares, including the principal entrance streets of a
            residential development and principal streets for circulation within such a
            development. (i.e.: Brookside Ave.)

      4.    Cul-de-Sac. A street, one end of which connects with another street and the
            other end of which is a dead-end with no center island, which allows space for
            turning of vehicles.

      5.    Half-Street. A dedicated but unimproved street of half the normal width located
            on the perimeter of a parcel and intended for future improvement.

      6.    Local Street. A street primarily for access to abutting residential, business and
            industrial properties and to serve local needs. (i.e.: Lawrence Ave.)

      7.    Major Street. A public street which is primarily for moving fast, heavy traffic
            between large or intensively developed districts. (i.e.: Airport Hwy.)

      8.    Marginal Access Street. A service street that runs parallel to a higher-order
            street which, for purposes of safety, provides access to abutting properties and
            separation from through traffic. May be designed as a residential access street
            or sub-collector as anticipated daily traffic dictates.

      9.    Private Street. A street held in private ownership.

     10.    Right-of-Way. All of the land included within an area which is dedicated,
            reserved by deed, or granted by easement for street purposes.
              a. Easement. The right of a person or local government agency to use
                 common land or private land owned by another for a specific purpose.
              b. Roadway. That portion of a right-or-way lying available for vehicular travel,
                 including parking lanes.

     11.    Secondary Street. A street supplementary to and connecting major streets to
            local streets.

     12.    Stub Street. A portion of a street for which an extension has been proposed
            and approved. A stub street may be permitted when development is phased
            over a period of time, but only if the street in its entirety has been approved in
            the preliminary plan. A stub street shall be constructed according to subdivision
            standards.

L.   Use.
       1.   Accessory Use. A use located on the same zoning lot with the main use of the
            building, other structure or land, which is subordinate, and related to that of a
            main building or main use.
      2.    Conditional Use. An uncommon or infrequent use which may be permitted in
            specific districts subject to the compliance with certain standards and explicit
            conditions as set forth in this Zoning code and the granting of a conditional use
            permit.
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                                 Village of Swanton, Ohio 2010
       3.     Main Use. The principal use of an activity conducted in a building, other
              structure or on the land.

       4.     Use. Any purpose of which buildings, other structures or land may be arranged,
              designed, intended, maintained, or occupied; or any activity conducted in a
              building, other structure, or on the land.

M.   Yards.

       1.     Court. An open space other than a yard, bounded on two or more sides by
              exterior walls of the building, or bounded by exterior walls of a building and lot
              lines.

       2.     Front Yard. The yard extending from the front wall of the building to the front lot
              line across the full width of the lot.

       3.     Rear Yard. The yard extending from the rear wall of the structure to the rear lot
              line across the full width of the lot.

       4.     Required Yard. The minimum yard required between a lot line and building line
              or the line of any parking area, or any other use requiring a yard in order to
              comply with the zoning regulations of the district in which the zoning lot is
              located. A required yard shall be open and unobstructed from the ground
              upward except for walks, landscaping and other yard on-site features, including
              signs.

       5.     Side Yard. The yard extending between a side lot line and the nearest wall of
              the building, and from the front yard to the rear yard; provided, that for a corner
              lot, the side yard extends from the front yard to the rear lot line of the street side
              or alley.

       6.     Yard. That portion of the open area of a lot extending between a building and
              the nearest lot line, or between an accessory use of a building and the nearest
              lot line as established in the Zoning Code.

N.   Other Definitions Not Categorized.

       1.     Adult Business Establishments. Bookstores, bars, lounges, restaurants,
              theaters, or shops which have more than 20% of their stock in trade, or fare,
              books, pictures, slides, films, media of electronic visual portrayal, or live
              entertainment, which are distinguished or characterized by their emphasis on
              matter or live conduct depicting, describing, exposing, or relating to sexual
              activities or anatomical areas.

       2.     Agriculture. Farming, dairying, pasturage, agriculture, horticulture, viticulture,
              animal and poultry husbandry and the processing and sale of agriculture
              products from land under same ownership.



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                         Village of Swanton, Ohio 2010
 3.   Awnings. A roof like cover that is temporary in nature and that projects from
      the wall of a building for the purpose of shielding a doorway or window from the
      elements.

 4.   Bed and Breakfast Inn. A house, or portion thereof, where short-term lodging
      rooms and meals are provided. The operator of the inn shall live on the
      property.

 5.   Boarding Home for Sheltered Care. A profit or nonprofit boarding home, rest
      home, or other home for the sheltered care of adult persons which, in addition to
      providing food and shelter to four or more persons unrelated to the proprietor,
      also provides any personal care or service beyond food, shelter and laundry.

 6.   Clinic. An establishment where patients who are not lodged overnight are
      admitted for examination and treatment by a group of physicians practicing
      medicine together.

 7.   Club. A building or portion thereof or premises owned or operated by a
      corporation, association, person or persons for a social, educational or
      recreational purpose, but not primarily for profit or to render a service which is
      customarily carried on as a business.

 8.   Condominiums. A multiple dwelling or development containing individually
      owned dwelling units and jointly owned and shared areas and facilities, which
      dwelling or development is subject to the provisions of state law.

 9.   Drive-Thru Establishment. A commercial facility which provides a service or
      product directly to a customer remaining in a motor vehicle either by allowing a
      motor vehicle into the premises or to a window or mechanical device on the
      premises to receive a service or product without exiting the vehicle. This shall
      not include the selling of fuel at a gasoline filing station or the accessory
      functions of a carwash facility such as vacuum cleaning stations.

10.   Essential Services. The erection, construction, or maintenance by public
      utilities or municipal or other governmental agencies of underground gas,
      electrical or water transmission or distribution systems, collection,
      communication, supply or disposal systems, including poles, wires, mains,
      drains, sewers, pipes, traffic signals, hydrants and other similar equipment and
      accessories in connection therewith; reasonably necessary for the furnishing of
      adequate service by such public utilities or municipal or other governmental
      agencies or for the public health or safety or general welfare, but not including
      buildings.
11.   Foster Home. A family home in which any child is receiving apart from his
      parents for care, supervision or training.
         a. Approved Foster Home. Facilities approved by the youth commission
               under R.C. ~ 5139.37 to 5139.40.
         b. Certified Foster Home. A foster home operated by persons holding a
               permit in force, issued under R.C. ~ 5103.03 to 5103.05.

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                         Village of Swanton, Ohio 2010
12.   Group Home. A residential facility that provides room and board, personal
      care, rehabilitation services, and supervision in a family setting certified per state
      regulations.

13.   Institution. Buildings or land occupied by a nonprofit corporation or nonprofit
      establishment for public use.

14.   Institutional Use. A nonprofit or quasi-public use or institution such as a
      church, library, public or private school, hospital, or municipally owned or
      operated building, structure or land use for public purpose.

15.   Kennel. Any lot or premises on which three (3) or more dogs, three (3) months
      of age or more, are kept for the purpose of breeding, permanently or temporarily
      boarded, or for sale.

16.   Manufactured Home Lot. A plot of ground within a manufactured home park
      designed for the accommodation of one manufactured home.

17.   Manufactured Home Park. A parcel of land which has been planned and
      improved for the placement of manufactured homes for residential use.

18.   Manufactured Home Stand. The part of an individual lot which has been
      reserved for the placement of the manufacture home, appurtenant structures or
      additions.

19.   Restaurant. A structure in which the principal use is the preparation and sale of
      food and beverages.

20.   Restaurant, carry-out/take-out. A restaurant where food, frozen dessert, or
      beverages are primarily sold in a packaged, ready-to-consume state, intended
      for ready consumption by the customer on or off the premises.

21.   Telecommunications Tower. A structure designed and constructed to support
      one or more antennas used by commercial wireless telecommunication facilities
      and including all appurtenant devices attached to it. A tower can be
      freestanding (solely self-supported by attachment to the ground) or supported
      (attached directly to the ground and with guy wired), of either lattice or monopole
      construction.

22.   Travel Trailer. A vehicular, portable structure built on a chassis, designed to be
      used for temporary human habitation and for travel and recreational purposes,
      having a body not exceeding eight (8) feet in width or twenty-eight (28) feet in
      length.

23.   Zero Lot Line. A planned arrangement of buildings which touch lot lines,
      thereby providing zero yard on that side.




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                                Village of Swanton, Ohio 2010
       24.    Stacking Lane. An area of stacking space and driving provided for vehicles
             waiting for drive-thru service that is physically separated from other traffic and
             pedestrian circulation on the site.

      25.    Stacking Space. An area within a stacking lane for vehicles waiting to order a
             service, product or finish a drive-thru transaction.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88; Am. Ord. 92-7, passed
5-11-92) (Ord. 2008-33, passed 1-26-09)

                             Establishment of Code and Maps

~ 150.020 Establishing of Districts

 A.   In order to carry out the purpose of this Zoning Code the village is hereby divided into
      the following districts, all of which are designated on the zoning map by symbols and
      boundaries, said districts shall be known as:

                    Title                                      Abbreviation
                                       Residential Districts
                    One-Family                                     R-1
                    One-Family                                     R-2
                    One and Two Family                             R-3
                    Multi-Family (low density)                     R-4
                    Multi-Family (high density)                    R-5

                                  Manufactured Home Districts
                    Manufactured Home                              MH

                    Title                                      Abbreviation

                                        Business Districts
                    Convenience Business                           B-1
                    General Business                               B-2
                    Central Business                               B-3

                                        Industrial Districts
                    Light Industrial                               M-1
                    Heavy Industrial                               M-2

                                       Flood Plain Districts
                    Flood Plain                                     FP


 B.   Whenever the abbreviated terms such as R-1, R-2, B-1, M-1, etc., are used in this
      Zoning Code, they shall be construed as referring to their corresponding district titles.


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                                    Village of Swanton, Ohio 2010
  C. The above classification of districts shall not be construed as an enumeration of most
       restrictive to less restrictive districts except for the specific purpose set forth in this
       Zoning Code.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.021 Establishment of Regulations

Any building or parcel of land may be used; and the use of any building and any parcel of land
may be changed or extended; and any existing building may be altered, converted, enlarged,
reconstructed, moved or maintained, only for the uses specifically enumerated or referred to
as permitted, or required, in the district in which the building or parcel of land is located and for
no other use.

  A.   Main buildings and uses, enumerated in the various use regulations of this Zoning
       Code shall be permitted, by right, as the principal building, use or activity of a zoning lot
       only in a district in which it is specifically permitted.

  B.   Similar uses are uncommon uses which have characteristics similar to and compatible
       with those uses enumerated as permitted in a district by right, but since they occur only
       infrequently it is not reasonable to enumerate all such uncommon uses; they may,
       however, be added to the enumerations of permitted uses by procedures established in
       ~ 150.295 through 150.305.

  C.   Conditional uses are certain types of main uses so classified in this Zoning Code
       because of their uncommon or unique characteristics, large land area requirements or
       for other reasons; uses which cannot be permitted by right, in specific locations in
       districts in which they are appropriate and compatible without certain adjustments. The
       uses which may be considered for conditional approval in specific districts are
       enumerated throughout the section dealing with “Use Regulations”. The procedures
       and standards for evaluating and approving conditional uses are set forth in ~ 150.301.

  D.   Accessory buildings and uses, as enumerated in the various use regulations of this
       Zoning Code, shall be permitted as subordinate building or subordinate use if it is
       clearly incident to and located on the same zoning lot as the main building or use and if
       located in a district in which it is specifically permitted. The use, change, extension,
       alteration, conversion, enlargement, reconstruction, relocation, or maintenance of
       accessory buildings and land shall be subject to all area, yard, height, off-street parking
       and all other regulations set forth or referred to for the district in which the accessory
       building or parcel of land is located and to all other applicable regulations of this Zoning
       Code.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.022 Establishment of Zone Map

The aforesaid districts are designated by symbols and the locations and boundaries of said
districts are established on a map entitled, “Zone Map of the Village of Swanton, Ohio”, on file
in the office of the Village Administrator. All notations, schedules, and other information
shown thereon are hereby made a part of this Zoning Code as enacted on 1-25-1988 or

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                               Village of Swanton, Ohio 2010
subsequently amended in the same manner as other parts of this Zoning Code. (Adopting
Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.023 District Boundary Lines

The district boundary lines of the zone map enclose an area of a designated district, and
generally follow recorded lot lines, the center line of streets, railroad rights-of-way or their
extensions, provided, however:

  A.   Where the district boundary line is shown by dimension or relationship as being located
       a specific distance from and/or parallel to a street line, said distance shall control; or

  B.   Where a district boundary line is shown as adjoining a railroad, it shall be determined
       by scale, and each part of the parcel shall comply with the regulations of the district in
       which it is located; or

  C.   Where a district boundary line does not coincide with any of the aforesaid lines, and
       where it is not located by dimensions or fixed points shown on the zone map, it shall be
       determined by the scale appearing thereon, and, in cases of other uncertainties, the
       Village Council shall determine the exact location.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.024 Annexed Territory

All territory which may hereafter be annexed to the village and is already zoned, shall be
continued in its existing zone classification until amended in conformance with the amendment
procedures outlined in this Zoning Code and the Ohio Revised Code.

  A.   The Planning Commission may make a zoning recommendation to Council when land
       outside the village limits is to be annexed to the village. Zoned areas which are
       proposed for annexation shall be compatible with or similar to the zoning district located
       within the village.

  B.   Land annexed to the village shall be in conformity with the village zoning classifications
       and with the Comprehensive Plan.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.025 Parcel Splits

  A.   Parcel splits under five acres in size shall be reviewed and approved by the Village
       Administrator for conformance to the Zoning Code as stated in Section 150.062.
       Parcel splits over five acres in size, involving new streets with access easements,
       public or private, shall be reviewed and approved by the Planning Commission for
       compliance to the Zoning Code and Subdivision Regulations.

  B.   The application for minor subdivision approval shall consist of a survey and a legal
       description of the property.


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                                Village of Swanton, Ohio 2010
  C. If the proposed subdivision is not contrary to applicable subdivision and zoning
       requirements, the Planning Commission shall approve such proposed subdivision, and
       upon presentation of an application for subdivision approval for said parcel and the
       proposed conveyance, shall stamp “Approved by the Swanton Village Planning
       Commission”, on said application and conveyance.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


                                     Residential Districts

~ 150.035 Intent

Residential districts and their regulations are established herein in order to achieve, among
others, the following purposes:

  A.   To regulate the bulk and location of buildings in relation to the land in order to obtain
       proper light, air, privacy and usable open spaces on each zoning lot appropriate for the
       district;

  B.   To regulate the density and distribution of population to avoid congestion and to
       maintain adequate services;

 C.    To provide for the proper location of community and shopping facilities so as to
       increase the general convenience, safety and amenities;

 D.    To provide protection from noxious fumes, odors, dust excessive noises, invasion of
       abnormal vehicular traffic and other objectionable influences; and

  E.   To protect the desirable characteristics of existing residential development; the
       promotion of stability and the most desirable and beneficial use of the land.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.036 Permitted Buildings and Uses

Buildings and land shall be used, and buildings shall be erected, altered, moved and
maintained only for the uses set forth as permitted in the following schedule:

  A.   R-1 and R-2 District.
         1. Main buildings and uses permitted.
               One-family dwellings.

         2.   By conditional use permit.
               Public and private schools, public libraries and other public government
               buildings, public parks and playgrounds, cemetery or mausoleum, churches,
               country clubs or private/semi-private golf courses.

         3.   Accessory buildings and uses.
                a. Private garages and parking areas. d. Gazebos
                b. Private gardens and recreational uses. e.  Pools.

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                                Village of Swanton, Ohio 2010
               c.    Private greenhouses.                f. Fences.
                                                        g.   Single storage buildings

B.   R-3 District.

       1.   Main building and uses permitted.
             a. Two family dwellings under single ownership.

       2.   By conditional use permit.
              a. Bed and Breakfast.
              b. Homes for children.
              c. Homes for the elderly or nursing homes.
              d. Hospitals or clinics.
              e. Privately operated community building or recreation fields and swimming
                  pools, and community facilities owned and operated by neighborhood
                  organizations.
              f. Zero lot line developments.

       3.   Accessory buildings and uses.
              a. Storage garages and parking areas for automobiles as accessory to two-
                 family dwellings.
              b. Fences

C.   R-4 District.

       1.   Main building and uses permitted.
             a. Multiple family dwellings, apartments, townhouses and condominiums.

       2.   Permitted by a conditional use.
               Zero lot line developments.

       3.   Accessory building and uses.
              a. Storage garages and parking areas for automobiles, accessory to
                 multifamily dwellings.
              b. Pools
              c. Gazebos, fences
              d. Homes for children
              e. Homes for the elderly or nursing homes
              f. Hospitals or clinics
              g. Privately operated community buildings or recreational fields and
                  swimming pools, and community facilities owned and operated by
                  neighborhood organizations.
              h. Zero lot line developments

D.   R-5 District.

       1.   Main building and uses permitted.
             a. Multiple family dwellings, apartments, townhouses and condominiums.


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                                  Village of Swanton, Ohio 2010
          2.   Permitted by a conditional use.
                a. Zero lot line developments.

          3.   Accessory building and uses permitted.
                 a. Storage garages and parking areas for automobiles, accessory to
                     multifamily dwellings.
                 b. Pools
                 c. Gazebos, fences
                 d. Homes for children
                 e. Homes for the elderly or nursing homes
                  f. Hospitals or clinics
                 g. Privately operated community buildings or recreational fields and
                     swimming pools, and community facilities owned and operated by
                     neighborhood organizations.
                 h. Zero lot line developments

   E.         Permitted Building
              See Section 150.061 Building Permitted on Zoned Lot for additional
             requirements
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88) (Ord. 2010-8, passed 3-
22-10)


                               Area, Yard and Height Regulations

~ 150.050 General Provisions

Land and buildings shall be used only in accordance with the lot area regulations and buildings
shall be erected, altered, moved and maintained only in accordance with the following area,
yard and building height regulations:

  A.    The area of zoning lot shall not be less than the area in square feet required for each
        dwelling unit as set forth in Section 150.051 multiplied by the number of units in the
        building.

  B.    The width of a zoning lot shall be not less than the width required for the type of
        dwelling or other building permitted in the district in which the lot is located as set forth
        in Section 150.050 through 150.068, or as modified in subsequent sections, and shall
        be measured at the building line. Each one-and two-family zoning lot shall abut upon a
        dedicated street for the required lot width, except on curved streets, width at the front
        lines may be less provided the lot width at the building line meets the required lot width
        of the particular district.

 C.     The front yard depth, or setback, of a zoning lot shall not be less than the depth set
        forth in Section 150.051 for the type of dwelling or other building permitted in the
        district in which it is located.




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                                  Village of Swanton, Ohio 2010
    D.   Two side yards shall be provided for every one and two-family dwelling on a zoning lot,
         excluding zero lot line parcels. Width of side yards on a lot shall not be less than the
         respective dimensions as set forth in Section 150.051.

    E. The rear yard depth of zoning lot for a main building shall not be less than the depth set
       forth in Section 150.051 for the district in which it is located, or not less than 25% of the
       depth of the lot, whichever is the lesser. A detached accessory building shall be
       located in accord with yard regulations as set forth in Section 150.059.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.051 Schedule of Area, Yard and Height Regulations

               Minimum Lot Area                 Minimum Yard Dimensions Maximum
                 Per Dwelling Minimum                          Rear Yard    Height
       Dwelling       Unit      Width      Front Yard Side Yard Depth    Main Buildings
District Unit       (sq. ft.) of Lot (ft.) Depth (ft.)   (ft.)   (ft.)     (stories)
R-1 1 family         9,600        80           40         10      30           2
R-2 1 family         8,400        70           25          7      25           2
R-3 2 family         4,200        70           25          7      25           2
        1 family     8,400        70           25          7      25           2
R-4 Multifamily      2,500        70           25          7      25           3
    (low density)
        2 family     4,200        70           25          7      25           2
        1 family     8,400        70           25          7      25           2
R-5 Multifamily      1,250       100           25 *       10 *    25 *         6

*    For each building over three stories in height, the front and rear yard shall be increased an
     additional ten feet per story. The side yards shall be increased five feet per story over three
     stories. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.052 Development Plans
Development plans for multifamily dwellings, condominiums, apartments, townhouses and
zero lot line developments shall be submitted to the Planning Commission for site plan review;
See Sections 150.401-150.406. The plans shall depict the placement of structures, storm
water management plan, parking, landscaping, setbacks, fencing, and other elements that the
zoning code and subdivision regulations shall require or village officials may request. Until
found to comply with the provisions of this Zoning Code and approved by the Planning
Commission, zoning permits shall not be issued.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88 (2010-8, passed 3-22-10)


~ 150.053 Required Yards to be Maintained

The required yards surrounding an existing building shall not be separated in ownership from
the portion of the lot upon which the building is located, and no part shall be considered as
providing a required yard for any other existing building on the same or on an adjacent lot. A
yard shall not be reduced to less than the required dimensions for the district in which it is
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                                 Village of Swanton, Ohio 2010
located by enlarging an existing building, and a yard of less than the required dimensions shall
be open and unobstructed from the ground upward except for accessory buildings as set forth
in Section 150.059 and projections into yards as set forth in Section 150.060. (Adopting Ord.
92-20, passed 9-28-92) (Ord, 87-36, passed 1-25-88)

~ 150.054 Front Yards and Partially Built-up Blocks

Where a building line has not been established, and where 50% or more of the aggregate
street frontage between two successive intersecting streets is occupied by buildings of the
type and use permitted in the district before the effective date of this Zoning Code, or any
amendments thereto, the minimum front yard for new buildings shall be the average setback
distance of existing buildings located within 100 feet on either side of a given lot; provided,
however, the depth of the front yard resulting therefrom shall be not less than one-half of the
dimensions specified in Section 150.051. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36,
passed 1-25-88)

~ 150.055 Side Yards of Insufficient Width

Where side yards are narrower than required for the district in which the building and lot are
located and which was owned separately from all other tracts of land on the effective date of
this Zoning Code or any amendment thereto, and is still so owned, the building may be
maintained or altered but may not be enlarged in width unless the total width of the side yards
complies with the regulations of this Zoning Code. (Adopting Ord. 92-20, passed 9-28-92)
(Ord. 87-36, passed 1-25-88)

~ 150.056 Yards on Corner Lots

The depth of the front yard on a corner lot shall be not less than the required setback from the
front lot line, and the width of the side yard on the side street shall be not less than one-half of
the depth of the front yard required for the adjoining lot which abuts said side street, unless
shown otherwise on the zone map. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36,
passed 1-25-88)

~ 150.057 Yards for Irregular Lots

The specific yard regulations set forth in this section may be modified by the Planning
Commission in accordance with standards established in Section 150.305 where the
regulations cannot be complied with reasonably as result of irregular shape of lot or for
topographical reasons. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.058 Yard of Institutions in Residential Areas

Front yards shall be provided for institutional buildings permitted in certain residential districts
in accordance with requirements for residential buildings as set forth in Section 150.051 or as
set forth on the zone map. Side and rear yards shall be determined by the Planning
Commission for each institution, however, in general, the yards shall be not less than, or the
building coverage of the lot shall not exceed, the requirements set forth in the following
schedule:
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                                  Village of Swanton, Ohio 2010


                                  Minimum Yard            Maximum Land Coverage
                                  Side and Rear                By Building
Main Building and Uses                 (ft.)                    (percent)

Public Schools, Parochial Schools,
except Nursery Schools                   20                            25

Churches, Home for Elderly               20                            50

Hospitals, Clinics, Homes for
Children                                 30                            50

Libraries and Other Public Buildings     30                            50
(Adopting Ord. 92-02, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.059 Yards for Accessory Buildings and Uses

  A.   Any accessory use permitted in a residential district may occupy a part of the main
       building or occupy a separate accessory building or constitute an accessory land use.

  B.   All accessory buildings shall be located not less than ten feet from any dwelling on the
       same lot or an adjacent residential lot and shall not project into a front or a side yard.
       An accessory building may, however, be located in a rear yard but not less than five
       feet from a rear or side lot line. On corner lots, an accessory building shall be set back
       from the side street line not less than required for the adjacent main building of the
       abutting lot.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.060 Projections Into Yards

A projection is that part or feature of a building which extends or projects outside of the
enclosing walls. It is intended that certain building features may project into required yards but
they shall be regulated so as not to substantially interfere with the receipt of sun, light, air and
the use of adjacent lots as follows:

  A.   Architectural features. A belt course, balcony, cornice, gutter, or chimney may project
       into a front and side yard for a distance of two feet.

  B.   Entrance features. An open platform, landing, steps, terrace or other feature not
       extending above the first floor level of a building shall not exceed six feet into a front
       yard and three feet into a side yard.

  C.   Enclosed shelters. An enclosed entry or porch shall not project into any required front
       or rear yard area. An enclosed shelter is a roof structure, attached to a building, and
       enclosed on two or more sides.

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                                   Village of Swanton, Ohio 2010
  D. Unenclosed shelters. An entrance hood, or open but roofed porch may project up to
       six feet into a front yard and three feet into a side yard. Unenclosed shelters are roofed
       but unenclosed projections from the main wall of a building which may or may not use
       columns or other ground supports for structural purposes.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.061 Building Permitted on Zoned Lot

  A.   There will not be more than one one-family or one two-family dwelling permitted on a
       zoning lot; there may be more than one multifamily building on a zoned lot. In addition,
       there may be only one accessory building on the same zoning lot with a main building.
       The accessory building shall be no higher than the existing main structure on the lot.
       Unenclosed decorative structures are exempt from these requirements.

  B.   No one or two- family dwelling shall be located to the rear of any building on the same
       lot or on another lot which does not have the required frontage on a dedicated street;
       however, a group of multifamily buildings may be arranged in groups and not directly
       front on a dedicated street.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.062 Required Lot Area to be Maintained

  A.   A parcel of land may be subdivided into two or more parcels, provided all lots resulting
       from such division shall conform to all the lot area and width regulations of the district in
       which it is located. A lot of record which conforms to the provisions of this Zoning Code
       and which was owned separately from adjoining lots on the effective day of this Zoning
       Code or an amendment thereafter which affected its conformity, shall not be reduced in
       any manner which would make it nonconforming.

  B.   The lot area or any part thereof required for a dwelling or other use shall not be
       considered as providing any part of the required lot area for another dwelling or use.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.063 Lots of Record of Insufficient Area

A lot of record which does not comply with the lot width regulations of the district in which it is
located on the effective date of this Zoning Code or any amendment thereto which made it
nonconforming, may be used as follows:

  A.   If occupied by a building, such building may be maintained, repaired or altered;
       provided, however, the building may not be enlarged in floor area unless the depth of
       front yard, total width of side yards and the rear yard regulations are complied with. No
       portion of the new building addition shall infringe into the side yard.

  B.   If vacant, the lot may be used provided that:


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                                  Village of Swanton, Ohio 2010
         1.   No adjoining vacant lot or parcel of land was owned by the same owner on the
              effective date of this Zoning Code;

         2.   Not owning adjoining land, or other vacant land cannot be equitably acquired
              adjoining the lot; and

         3.  All other regulations of this Zoning Code, except the lot area and width
             regulations, shall be complied with.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.064 Dwelling Unit Area Requirements

In order to provide healthful living conditions and to preserve the character of neighborhoods,
dwellings shall be erected, altered, moved, maintained or occupied only in accordance with the
following standards establishing minimum areas of dwelling units.

  A.   Area of a dwelling unit shall be the sum of the gross floor area above the basement
       level, and not more than three feet below finished grade; rooms above the first floor
       may be included which are directly connected by a permanent stairs and hall, and
       spaces under pitched roofs having a minimum knee wall height of four feet is one-half
       of the room area and has a minimum ceiling height of seven feet.

  B.   The area for frame buildings shall be measured from the exterior face of the enclosed
       walls at the respective floor line. For brick veneer buildings no more than four inches of
       exterior wall thickness may be included in the area calculation. For two-family and
       multifamily dwellings, where applicable, measurements will be made to the center line
       of party walls. All areas within garages, porches, public halls and general storage
       rooms in multifamily dwellings shall be excluded in this measurement.

 C.     Minimum area of a dwelling unit shall be not less than established in the following
       schedule:

                         1 Story                 1 ½ Story                 2 Story
              With     Without   With    Without   With    Without
Dwelling TypeBasement Basement Basement Basement Basement Basement

One-family Dwelling
Ground Floor
Area (sq. ft.)   1,000        1,000        780          880         600          700
Total Floor Area
(sq. ft.)        1,000        1,000        930         1,030       1,200        1,300


Two-family Dwelling
Ground Floor Area750           850          --           --         450          500
Total Floor Area 750           850          --           --         900         1,000

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                                  Village of Swanton, Ohio 2010

Townhouse
Ground Floor Area750           850            --           --          450           550
Total Floor Area 750           850            --           --          900          1,000


Apartment
Minimum Area Per Apartment Unit (sq. ft.)

No Bedroom Unit -500        sq. ft.
1 Bedroom Unit- 600 sq. ft.
2 Bedroom Unit- 750 sq. ft.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.065 Location of Utilities

  A.   Public utility uses and distributing equipment for a public utility, due to its essential
       nature, shall be permitted in any zoning district.

  B.   The regulations herein governing lot size shall not apply to any lot designed or intended
       for a public utility and public service use when the area involved is deemed appropriate
       for such use by the Planning Commission.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.066 Temporary Buildings and Enclosures

  A.   Permitted buildings and uses. Temporary structures may be permitted in any
       residential district if such structures are deemed necessary for construction operations
       of the dwelling and accessory buildings of the area of which a zoning permit has been
       issued, provided:

         1.   Such structures shall be limited to offices, yards and buildings for the storage of
              lumber, equipment and other building material, workshops for prefabrication
              building components. Semi-trailers can be used as temporary structures for
              storage but not as a permanent building.

         2.   The operations and activities carried on within such structures shall not
              adversely affect the use of nearby dwellings by reason of noise, smoke, dust,
              odors, fumes, vibrations, electrical disturbances or glare to a greater extent than
              normal in a residential district that is being developed.

  B.   Removal of structures. All temporary structures shall be removed within 30 days after
       the completion of work on the premises for which a permit has been issued or if
       construction is not pursued diligently.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


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                                 Village of Swanton, Ohio 2010
~ 150.067 Parking

Parking in any residential district shall be in accordance with regulations set forth in Section
150.240 through 150.250. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-
88)


~ 150.068 Signs

Signs in any residential district shall be designed, erected, altered, moved and maintained in
whole or in part, in accordance with regulations set forth in Section 150.260 through 150.266.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

              Wireless Telecommunication Facilities in Residential Districts


~ 150.069 Permitted Principal Use

No wireless telecommunication facility is permitted as a principal use upon a lot.
~ 150.070 Accessory Use

 A.   Tower.
      No wireless telecommunication tower is permitted as an accessory use within a
      residential district without a conditional use approval under the guidelines of Section
      150.071.

 B.   Antenna.
      An antenna for a wireless telecommunication facility may be attached to an existing
      residential building four (4) or more stories in height or to an existing nonresidential
      structure subject to the following conditions:

         1.   Maximum Height. The antenna shall not extend more than twenty (20) feet
              above the roof of the existing building or top of the existing structure.

         2.   Separate Equipment Shelter. If the applicant proposes to locate the
              telecommunication equipment in a separate equipment shelter, not located in or
              attached to the building, the equipment shelter shall comply with the accessory
              building regulations of the district and not be located above the ground within any
              required front or side yard.

         3.   Vehicular Access. Vehicular access to the equipment shelter shall be via the
              existing circulation system and be paved with asphalt or concrete.


~ 150.071 Conditional Use

The following wireless telecommunication facilities are permitted as a conditional use upon a
lot, subject to the following requirements:


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                               Village of Swanton, Ohio 2010
A.   Tower.
     A wireless telecommunication tower may be an accessory use to a public or institutional
     use within a residential zoning district, provided the Planning Commission finds the
     following standards have been met:

       1.   Minimum Lot Size For Principal Use. The minimum lot size for principal use for
            which the tower is accessory shall be five (5) acres.

       2.   Minimum Setback From Property Lines and Residential Structures. The
            minimum setbacks and yard requirements shall be established by the Planning
            Commission.

       3.   Maximum Height. The height of such tower shall be subject to approval by the
            Planning Commission and be the minimum height necessary.

       4.  Equipment Shelter. The minimum setbacks, height limits, bulk requirements,
           and screening standards shall be established by the Planning Commission
           during the conditional use process. Such shelter shall not be located above
           ground in any required front or side yard.
B.   Antenna.
     The Planning Commission may approve the location of an antenna extending more
     than twenty (20) feet above the roof of an existing building or structure.

     Attachment to Existing Building. An antenna for a wireless telecommunication facility
     may be attached to an existing residential building four (4) or more stories in height or
     to an existing nonresidential structure subject to the following conditions:

       1.   Roof Setback. The pole structure supporting such antenna shall be set back one
            (1) foot from the edge of such roof for each one (1) foot of height above such
            roof. This requirement shall not apply to antennas two (2) inches or less in
            thickness without a supporting pole structure.

       2.   Separate Equipment Shelter. If the applicant proposes to locate the
            telecommunication equipment in a separate equipment shelter, not located in or
            attached to the building, the equipment shelter shall comply with the accessory
            building regulations of the district. Such shelter shall not be located above
            ground in any required front or side yard.

       3.   Required Buffer. A buffer screen shall be planted around the perimeter of the
            site.

       4.   Vehicular Access. Vehicular access to the equipment shelter shall be via the
            existing circulation system and be paved with asphalt or concrete.




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                                 Village of Swanton, Ohio 2010
                                 Swimming Pools and Ponds

~ 150.080 Private Swimming Pools

A private swimming pool, including farm ponds, shall be any pool, lake or open tank not
located within a completely enclosed building and containing or normally capable of containing
water to a depth at any point greater than 1½ feet. No such swimming pool, exclusive of
portable swimming pools with a diameter less than 12 feet or with an area of less than 100
square feet, shall be allowed in any “B” or “R” District except as an accessory use and unless
it complies with the following conditions and requirements:

  A.   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.

  B.   It may not be located, including any walks or paved areas or accessory structures
       adjacent thereto, closer than five feet from the edge of the pool line to any property line
       of the property on which located.

 C.    Below ground swimming pools located within the corporate limits of the village shall be
       surrounded by a fence, not less than four feet in height and all openings, doorways,
       and entrances into said pool area shall be equipped with gates of equal height with said
       fence, which gates shall be provided with latches, all in good condition. Above ground
       pools shall have a locking ladder, side walls or a fence, or a combination of, at least
       four feet in height and openings and entrances shall conform to below ground pool
       requirements.
(Adopting Ord. 98-36, passed 9-28-98)(Ord. 92-20, passed 9-28-92)(Ord. 87-36, passed 1-25-
88)


~ 150.081 Community or Club Swimming Pools

A community or club swimming pools shall be any pool constructed by an association of
property owners, or by a private club for use and enjoyment of members of the association or
club and their families. Community and club swimming pools are permitted in all districts, but
shall comply with the following conditions and requirements:

  A.   The pool is intended solely for the enjoyment of the members, families and guests of
       members of the association or club under whose ownership or jurisdiction the pool is
       operated.

  B.   The pool and accessory structures thereto, including the areas used by the bathers,
       shall not be closer than 100 feet to any property line of the property on which located.

 C.    The swimming pool and all of the area used by the bathers shall be so walled or fenced
       as to prevent uncontrolled access by children from the street or adjacent properties.
       The fence or wall shall not be less than six feet in height and maintained in good
       condition.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


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                                  Village of Swanton, Ohio 2010
~ 150.082 Ponds

There shall be no new ponds in the village, except for water retention ponds used for public
storm water management.


                                              Fences

~ 150.095 Purpose

The purpose of this chapter is to establish regulations controlling the use of fences, hedges,
and walls whereby the owner of a lot in a residential district or of a residential lot located in
other zoning districts may have the privilege of privacy and landscape design within his own lot
with due consideration to the environment of his neighbor, the appearance of the community,
and the safety of the public and the individual. (Adopting Ord. 92-20, passed 9-28-92) (Ord.
87-36, passed 1-25-88)


~ 150.096 Scope

This chapter shall apply to all residential districts and to residential properties located in other
zoned districts. The fence regulations herein shall not apply to any permanent fence erected
prior to the effective date of this chapter. The replacement of a permanent fence, erected
prior to the effective date of this chapter, by a different type or use shall abide by the
regulations of this chapter. Fences constructed in other zoned districts and in special use
areas will be considered on an individual basis by the Planning Commission. (Adopting Ord.
92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.097 Definitions

The word fence shall mean any structure composed of wood, iron, steel, shrubbery, hedges,
or other material erected in such a manner and position as to enclose or partially enclose all or
any part of any premises. Trellises or other structures supporting, or for the purpose of
supporting vines, flowers, and other vegetation, when erected in such a position as to enclose
all or part of any premises, shall be included within the definition of the word fence.

Structures erected other than on lot lines or in close proximity to lot lines, which have solely an
ornamental purpose and which do not, in fact, serve the purpose of enclosing or partially
enclosing premises or of separating premises from adjoining premises, shall not be included
within the definition of the word fence.

  A.   Barbed Wire Fence. A fence made with metal wire having sharp points or barbs along
       its length.

  B.   Electric Fence. A fence made of wire and charged with electricity.

  C.   Chain Link Fence. A fence made of metal consisting of loops of wire interconnected
       in a series of metal links.

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                                Village of Swanton, Ohio 2010
 D.    Pipe Fence. A fence made of connecting pipes.

 E.    Open Ornamental Fence. A fence which is intended to serve as a decoration, rather
       than a barrier. Permitted open ornamental fences are:

         1.   Rail or Split Rail Fence. A fence constructed of narrow, whole or split wooden
              timbers, placed horizontally between upright supporting posts.

         2.   Picket Fence. An open fence made of upright pales or slats.

         3.   Shrubbery or Hedges. Fences made of live plants.

  F.   Privacy Fence. A fence made to inhibit public view and to provide seclusion.
       Permitted privacy fences are:

         1.   Basket Weave or Woven Fence. A fence made of interwoven strips of semi-
              flexible material in which the pattern has the appearance of a plaited basket.

         2.   Louver or Ventilating Fence. A fence made of a series of slats.

         3.  Stockade (Palisade) Fence. A fence constructed with a row of large pointed
             stakes placed upright against each other.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.098 Prohibited Fences

 A.    Barbed Wire

  B. Electric (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)
~ 150.099 Allowed Fences and Yard Requirements




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                                Village of Swanton, Ohio 2010


OPEN ORNAMENTAL FENCES
                                      YARD REQUIREMENTS
                FRONT YARD                    SIDE YARD          REAR YARD

Standard Lot Not in required front yard. On common lot line.     On common lot line.
                                         Height: 6 ft.           Fences constructed
                                                                 or located in any
                                                                 easement area are
                                                                 at the property
                                                                 owner’s own risk
                                                                 and responsibility.
                                                                 Height: 6 ft.


Corner Lot   Not in required front yard.   Abutting a Street:      Same as the standard Lot.
                                           Not in ½ required front
                                           yard setback area.
                                           Height: 4 ft.

                                           Abutting Another
                                           Residence or Open Lot
                                           Same as standard lot.


Through Lot Not in required front yard.    Abutting a Street:    Not in ½ required front
                                           Same as corner lot.    yard setback area. Fences
                                                                  constructed or located in
                                           Abutting Another       any easement area are
                                           Residence or OpenLot installed at the property
                                           Same as standard lot. owner’s own risk and
                                                                 responsibility.
                                                                 Height: 4 ft.




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                              Village of Swanton, Ohio 2010
CHAIN LINK AND PIPE FENCES
CHAIN LINK AND PIPE FENCES
                                    YARD REQUIREMENTS
               FRONT YARD                   SIDE YARD          REAR YARD
Standard Lot   Not Allowed.         On common lot line.        On common lot line.
                                    Height: 4 ft.              Fences constructed
                                                               or located in any easement
                                                               area are installed at the
                                                               property owner’s own risk
                                                               and responsibility
                                                               Height: 4 ft.

Corner Lot     Not Allowed.         Abutting a Street:           Same as a Standard Lot.
                                    Not in required ½ front
                                    yard setback area.
                                    Height: 4 ft.

                                    Abutting Another
                                    Residence or Open Lot
                                    Same as standard lot.

Through Lot    Not Allowed.       Abutting a Street:           Not in required front yard
                                  Same as corner lot.          Fences constructed or
                                                               located in any easement
                                  Abutting Another             area are installed at the
                                  Residence or Open Lot        property owner’s own risk
                                  Same as standard lot         and responsibility.
                                                               Height: 4 ft.



PRIVACY FENCES



Standard Lot   Not Allowed.              On common lot line.   On common lot line.
                                         Height: 6 ft.         Fences constructed or
                                                               located in any easement
                                                               area are installed at the
                                                               property owner’s own risk
                                                               and responsibility.
                                                               Height: 6 ft.

Corner Lot     Not Allowed.              Abutting a Street:    Same as standard lot
                                         Not in required ½
                                         front yard setback area
                                         Height: 6 ft.

                                         Abutting Another
                                         Residence or Open Lot
                                         On common lot line.
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                               Village of Swanton, Ohio 2010
                                           Height: 6 ft.

Through Lot     Not Allowed.      Abutting a Street:           Not in ½ required front
                                  Same as corner lot.          yard setback area.
                                                               Fences constructed or
                                  Abutting Another             located in any easement
                                  Residence or Open Lot        area are install at the
                                  Same as standard lot.        property owner’s own risk
                                                               and responsibility.
                                                               Height 6ft.
(Adopting Ord. 2003-33, passed 8-25-03)




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                                  Village of Swanton, Ohio 2010
~ 150.100 Similar Fences
The Planning Commission may permit other fences which are similar in character and design
to one or more of the fences permitted by this Zoning Code. (Adopting Ord. 92-20, passed 9-
28-92) (Ord. 87-36, passed 1-25-88)

~ 150.101 Required Front Yard Setbacks

  A.   R-1 Zoning - 40 ft. from right-of-way

  B.   All other districts - 25 ft. from right-of-way

 C.    Fences surrounding pubic utilities are exempt from the established front yard setbacks.

 D.    Fences constructed in the front yard area of an industrial or commercial district shall be
       approved by the Planning Commission.

~ 150.102 Maintenance

Such permitted fences shall be maintained in good condition, be structurally sound and
attractively finished at all times. Any grounds between such fences and property lines shall be
well maintained. Any such fence permitted on the property line shall be designed,
constructed, and finished so that the supporting members thereof shall face the property of the
owner of the fence. (Adopting Ord. 2003-34, passed 8-25-03)


~ 150.103 Inspection

It shall be the duty of each property owner to determine property lines and to ascertain that the
fence, thus constructed, does not deviated from the plans as approved by the Village
Administrator or his designee. Fences shall not encroach upon another lot or parcel of land.

The Village shall furnish such inspection as deemed necessary to determine that such said
fence is constructed in accordance with plans submitted for the permit. The issuance of a
permit, by the Village, shall not be construed to mean that the Village has determined said
fence is not encroaching upon another lot, nor shall it relieve the property owner of duty
imposed upon him herein. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-
88)


~ 150.104 Permits

Any fence, which may be permitted, shall require the issuance of a permit prior to installation.
Property owners must sign all permits. The Village Administrator, or his designee, shall be
responsible for issuing all residential building permits.




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                                Village of Swanton, Ohio 2010
                                Manufactured Home Districts


~ 150.115 General Park Site and Development Standards

 A.    Uses not permitted outside a Manufactured Home District. Single sectional
       manufactured or modular homes 24 feet in width or less, mobile homes, trailers or
       similar portable residential structures whether left to remain on wheels or set on wheels
       or set on a fixed foundation, shall not be permitted for residential use except in a
       manufactured home district.

B. Uses Permitted.

         1.   Manufactured homes, excluding units for sale.

         2.   Accessory buildings or structures, for park management or park resident use
              only and not exceeding two stories or 25 feet in height.

         3.   Refer to sign code for sign requirements in a manufactured home park.

 C.    Park Size. Minimum site size for manufactured home parks shall be ten acres.

 D.    Access. All manufactured home parks shall have access to a paved major
       thoroughfare.

 E.    Site Coverage. Maximum site coverage shall be 25%.

  F.   Setbacks. All manufactured homes shall be set back not less than 25 feet from all
       property lines. Accessory buildings shall be set back not less than 5 feet from all
       property lines. One accessory building is permitted per lot.

 G.    Manufactured Home Height Limits. Maximum height of manufactured homes is one
       and one-half stories or 20 feet.

 H.    Vehicle Travel Lanes. All roadways and driveways shall be hard surfaced and so
       constructed as to handle all anticipated peak loads, adequately drained and lighted for
       safety and ease of movement of vehicles. All roads shall have curbs and gutters and
       conform to subdivision regulations. The local roadway system should be so designed
       as to prevent the use of such roadways for through traffic.

  I.   Minimum Off-street Parking Requirements. Adequate hard surface paving shall be
       provided for off-street parking, vehicle storage and access to accord with the following
       schedule:

         1.   Each unit shall be provided with off-street parking space for two vehicles. This
              may be provided totally on the lot, or in the parking compounds conveniently
              located and readily accessible to the sites which they are intended to serve, or
              as a combination of the above.


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                              Village of Swanton, Ohio 2010
       2.   All other uses. Sufficient space shall be provided, in accord with acceptable
            standards of the Village Planning Commission, to fit the scale of the
            contemplated use and activity to be developed.

       3.   Each parking space shall have a minimum width of ten (10) feet. All parking
            spaces and parking compounds shall be surfaced with an asphalt or concrete
            surfacing in accordance with specifications approved by the Village Engineer.
            Such facilities shall be so drained as to dispose of all surface water accumulated
            in the parking area within the confines of the parking area.

J.   Utilities and Other Services.

       1.   All manufactured home parks shall be served by an approved municipal water
            and sewerage system and shall meet the requirements of the Ohio Health
            Department.

       2.   The plumbing connections to each manufactured home lot shall be constructed
            so that all lines are protected from freezing, from accidental bumping or from
            creating any type of nuisance or health hazard.

       3.   Storm drainage facilities shall be so constructed as to protect those that will
            reside in the manufactured home park, as well as the property owners adjacent
            to the park. Such park facilities shall be of such capacity to insure rapid
            drainage and prevent the accumulation of stagnant pools of water in or adjacent
            to the park.

       4.   All electric, telephone and other lines from supply poles to each manufactured
            home site shall be underground. When meters are installed they shall be
            uniformly located.

       5.   All fuel lines leading to manufactured home lots shall be underground and so
            designed as to conform with all local or state codes that are found to be
            applicable. When separate meters are installed, each shall be located in a
            uniform manner.

       6.   Facilities for the storage and disposal of trash and garbage in a sanitary manner
            shall be provided in each manufactured home park. All refuse shall be stored in
            fly tight, watertight, rodent-proof containers, which shall be located not more
            than 150 feet from any manufactured home lot. Containers shall be provided in
            sufficient number and capacity to properly store all refuse. Refuse collection
            stands shall be provided for all refuse containers. Such container stands shall
            be so designed as to prevent containers from being tipped, to minimize spillage
            and container deterioration and to facilitate cleaning around them.

       7.   Street lights shall be installed according to the requirements of the subdivision
            regulations of the Village of Swanton.

K.   Skirting, Canopies and Awnings.


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                              Village of Swanton, Ohio 2010
         1.   Each manufactured home must be skirted within 90 days after establishment in
              a manufactured home park.

         2.   Canopies and awnings may be attached to any manufactured home but they
              shall not exceed 12 feet in width or length or the height of the manufactured
              home.

         3.   A permit shall not be required for construction or erection of canopies or
              awnings which are open on three sides. However, a permit shall be required
              from the Building Inspector before construction or erection of any screened,
              glassed-in or otherwise enclosed awning or canopy.

  L.   Pads, Mats or Platforms. Each manufactured home lot shall be provided with a
       concrete pad, mat or platform, not less than four inches in depth, or of equal bearing
       strength if reinforced concrete is used. Minimum pad dimensions for single
       manufactured homes shall be 14 feet by 50 feet; for double wide manufactured homes,
       24 feet by 50 feet. All pads, mats or platforms shall be equipped with sufficient tie
       down devices to secure the platform thereto as specified by the Building Inspector.

 M.    Fire Extinguishing Equipment. Every manufactured home park shall be equipped at all
       times with fire extinguishing equipment in good working order, of such type, size and
       number and so located within the park as to satisfy applicable regulations of the State
       Fire Marshal.

 N.    Greenbelt. A greenbelt planting strip of not less than 20 feet in width shall be placed
       along the perimeter of the manufactured home park where it abuts public right-of-way
       or an area zoned in any residential classification. The greenbelt shall be developed
       with a mixture of hardy deciduous and coniferous plant material and maintained
       thereafter in a neat and orderly manner. Withered and/or dead plant material shall be
       replaced within a reasonable period of time but no longer than one growing season.
       Excluded from such planting shall be the following plant material; Ailanthus (Tree of
       Heaven), Box Elders, Poplars, Soft Maples (red and silver), Willows, Chinese Elm,
       Catalpa, and Horse Chestnut.

 O.    Fences. (Refer to Residential Fence Code Section)

 P.    Recreation Area. For every 50 manufactured homes located in such manufactured
       home park, a minimum of one and one-half acres of recreational area shall be provided
       and maintained by the owner of said park. Such area must be flat land located above
       water.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88; Am. Ord. 92-7, passed
5-11-92)


~ 150.116 Individual Manufactured Home Lot Standards and Requirements

 A.    Minimum Lot Size and Yard Requirements. All manufactured home lots shall have
       5,000 square feet with the exception of double wide lots which shall have a minimum
       area of 6,000 square feet. The area of such manufactured home lot shall be computed

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                                   Village of Swanton, Ohio 2010
       exclusive of service roads, other required facilities and recreation space. In no case
       may gross density in the manufactured home park exceed five manufactured homes
       per acre. There shall be required front, side and rear yards, free and clear of structures
       and open to the sky, excepting required utility meters and the like in the following
       minimum: Entrance side minimum - 15 feet; non-entrance side minimum - 5 feet; front
       yard - 15 feet; rear yard - 10 feet. There shall be minimum distance of 20 feet between
       manufactured homes. Such areas shall be planted with grass or a lawn and
       landscaped with trees and shrubs and thereafter maintained so as to provide a
       utilitarian and healthful area for the residents of the manufactured home park.

  B.   Patio. An outdoor patio area of not less than 180 square feet, of a concrete pad of no
       less than four inches in thickness, shall be provided at each manufactured home lot,
       conveniently located to the entrance of the manufactured home and approximately
       related to open area of the lot and other facilities, for the purpose of providing suitable
       outdoor living space to supplement the limited interior spaces of a manufactured home.

 C.    Minimum Manufactured Home Size. Each manufactured home within such park shall
       contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities,
       and plumbing and electrical connections designed for attachment to appropriate
       external systems. Manufactured homes with a living area no less than 600 square feet
       only shall be permitted in the park and only manufactured homes approved by the
       National Underwriters and/or the American Standards Association shall be permitted in
       the park.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88; Am. Ord. 92-7, passed
       5-11-92)


~ 150.117 State Requirements

All manufactured home developments shall further comply with R.C. Chapter 3733 and Ohio
Department of Health Regulations. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36,
passed 1-25-88; Am. Ord. 92-7, passed 5-11-92)


                                  Planned Unit Development

~ 150.120 Purpose

The purpose of the Planned Unit Development (PUD) is to provide a means of development
that is flexible and innovative when development of a site by standard, more rigid,
conventional zoning district regulations may produce less efficient use of the land and less
amenities and benefits for the community and users of the development. A PUD allows
deviations from zoning standards to permit innovative designs or to address environmental
conditions which would otherwise not be permitted via traditional zoning. Development under
planned unit development provisions provides a means of encouraging ingenuity, imagination
and flexibility on the part of land owners, engineers, architects, site planners and developers in
the planning and design of land areas. It is not the intent of the planned unit development
provisions to allow applicants to circumvent the intent of this Zoning Code or to allow
development of land not in conformance with the Land Use Plan of the Village of Swanton.

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                                Village of Swanton, Ohio 2010
~ 150.121 Description

The Planned Unit Development may be residential, commercial, or industrial developments or
a combination residential/commercial/industrial uses. Each district shall have at a minimum
the following net acreage: Residential - 2 acres, Commercial - 5 acres, Industrial - 25 acres,
and a combination commercial/industrial - 30 acres. The Village of Swanton Planning
Commission shall review and find that the combination of uses meet the standards set forth in
150.002.


~ 150.122 Zoning Application Procedure

The Planned Unit Development shall be submitted to the Village Administrator and processed
pursuant to 150.307. The applicant shall submit a “Request for P.U.D. Designation”
application with five (5) copies of the development plan along with the required application fee
of $200.00, plus $50.00 per lot. The application shall include the following:

       General Information
  A.   Name, address and phone number of the applicant;
  B.   Name and address of registered surveyor, engineer and/or landscape architect who
       prepared the plan;
 C.    Legal description of the property;
 D.    Present use of the property;
 E.    Conceptual overview of the development;
 F.    Proposed provision of utilities;
 G.    Proposed ownership and maintenance of common open space; and
 H.    Anticipated timing and phasing of the development.

       Development Plan Information
 A.    A vicinity/project location map;
 B.    Location, type and density of development types;
 C.    Conceptual drainage plan;
 D.    Location and amount of open space(s);
 E.    Gross lot acreage, net lot acreage, maximum allowable density, proposed density with
       calculations indicated;
 F.    Maximum site coverage (not required for detached single-family PUD’s)
 G.    Topography at two foot contour intervals;
 H.    Existing features of the development site, including major wooded areas, streets,
       easements, utility lines, and land uses;
  I.   Street layout and names;
  J.   Existing buildings to remain or to be removed, and if the existing buildings remain,
       indicate proposed use;
 K.    All proposed signs excluding street signs;
 L.    Proposed method of street lighting;
 M.    Landscape material to be used and proposed locations;
 N.    Location, area, and dimensions of all lots, setbacks, and building envelopes; and
 O.    Required number of parking spaces and number of spaces proposed.



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                                 Village of Swanton, Ohio 2010
~ 150.123 Additional Information

The Village of Swanton Planning Commission or Village Administrator may require additional
information such as professionally prepared maps, studies or reports including environmental
assessments and/or traffic impact studies for the development. The expense for this
information is the responsibility of the applicant.


~ 150.124 Public Hearing Process

Upon the submittal of a complete application and plans as determined by the Planning
Commission for a Planned Unit Development, a public hearing shall be called and a 30 day
notice shall be given. All adjoining property owners shall be notified by mail as to the public
hearing date.

Upon the approval of the PUD by the Village Planning Commission, the recommendation of
the Planning Commission shall be forwarded to the Village of Swanton Council, who may, at
its discretion, conduct a public hearing. If approved, the PUD designation shall be officially
placed on the village zoning map.


~ 150.125 Standards

  A.   General

         1.    The development shall be in conformance with the goals and objectives of the
               Village of Swanton Comprehensive Plan (1996), Zoning Resolution and
               applicable Subdivision Regulations (and as amended).

         2.    The uses are compatible with the proposed and existing surrounding land uses.

         3.    The arrangement of land uses and buildings on the site integrate the
               topography, natural features, views, traffic access and the arrangement of
               usable common open space.

  B.   Specific: Residential

         1.    The maximum number of dwelling units (DU’s) permitted per gross site acreage
               (GSA) is listed in the districts below. An additional dwelling unit is permitted in
               each district subject to each additional half (½) acre provided within the PUD as
               common and
               consolidated open space (which may include recreation areas, storm water
               retention areas, and natural areas.)

R-1 District     R-2 District         R-3 District          R-4 District        R-5 District
5 DU’s/GSA       6 DU’s/GSA          10 DU’s/GSA            7 DU’s/GSA         35 DU’s/GSA

         2.    No more than 50 percent (50%) of gross site acreage shall be devoted to
               coverage by buildings, structures, street pavement, and parking area pavement.

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                               Village of Swanton, Ohio 2010
       3.   No less than fifteen percent (15%) of the gross site acreage, (5% of which may
            be a storm water retention facility), none of which is part of any yard or perimeter
            open space, shall be allocated to usable, accessible and consolidated, common
            open space and may be allocated on a plat by plat basis.

       4.   An open space area void of buildings, structures, parking areas, or other above-
            ground improvements shall be maintained along all perimeter property lines of
            the PUD as follows:
              a.   When abutting an R-District, an open space perimeter area shall be
                   provided that has a minimum depth equal to the required rear yard
                   setback of the PUD’s underlying zoning district.
              b.   When a residential area of a PUD abuts a “B” or “M” District, an open
                   space perimeter shall be provided that has a minimum depth of seventy-
                   five feet (75’). Building height shall be in accordance with the underlying
                   zoning district.

       5.   There may be no minimum lot size, lot-width, building or structure setback
            requirements except as noted in Sections 150.164(B), 150.125(B)(4)(a), and
            150.125(B)(4)(b) above.

       6.   Telephone, electrical, cable, and other utility appurtenances shall be
            underground.

C.   Specific: Commercial

       1.   Commercial developments shall be planned with common parking areas and
            common points of ingress and egress. Parking requirements shall be provided
            pursuant to Section 150.240 through 150.250, Parking and Loading Facilities,
            and the number of spaces required shall be determined by each specific use
            within the PUD.

       2.   An open space area void of buildings, structures, parking areas, or other above-
            ground improvements, except fencing, shall be maintained on all perimeter
            property lines of the PUD:
              a.   A minimum open space depth of thirty feet (30’) shall be provided unless
                   a greater setback is required as listed in the underlying zoning district.

              b.   A minimum open space distance of seventy-five feet (75’) shall be
                   provided when abutting an “R” District.

       3.   No less than ten percent (10%) of the gross lot acreage (five percent (5%) of
            which may be a storm water retention area), none of which shall be a part of any
            yard, shall be allocated to usable, accessible and consolidated, common open
            space.

       4.   No more than fifty percent (50%) of gross site acreage shall be devoted to
            coverage by buildings, structures, street, driveway and parking area pavement.


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                               Village of Swanton, Ohio 2010
         5.   Landscaping or screening for parking shall be required pursuant to Section
              151.555.

         6.   There may be no minimum lot size, lot width, building or structure setback
              requirements except as provided in Sections 150.164(B), 150.125(C)(2)(a), and
              150.125(C)(2)(b).

         7.   Telephone, electrical, cable, and other utility appurtenances shall be
              underground.


 D.    Specific: Industrial

         1.   Industrial Planned Unit Development shall utilize natural features to screen
              lighting and parking.

         2.   Landscaping or screening for parking pursuant to Section 151.555 in the Village
              of Swanton Subdivision Regulations.

         3.   A minimum open space width of seventy-five feet (75’) void of buildings,
              structures, parking areas, or other above-ground improvements, except fencing,
              shall be provided and maintained on all perimeter property lines of the PUD
              unless a greater setback is required by this Zoning Resolution.

         4.   No less than ten percent (10%) of the GSA, none of which shall be a part of any
              yard, shall be allocated to usable, accessible and consolidated, common open
              space.

         5.   There shall be no minimum lot size, lot width, building or structure requirements
              except as provided in Sections 150.164(B), 150.125 (D)(3).


~ 150.126 Change to Approved Plan

Changes or alterations to the development plan as approved by the Planning Commission or
Village of Swanton Council may be administratively reviewed an approved by the Village
Administrator except in the following circumstances:

 A.    Change in the overall acreage of the PUD;
 B.    Any change in use in the PUD;
 C.    Substantial alteration to open space areas and their location(s);
 D.    A significant change in street pattern;
 E.    A significant change in the landscape plan;
  F.   An increase in the number of buildings; and
 G.    Changes in the building/building envelope location(s).


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                                 Village of Swanton, Ohio 2010
The changes or alterations listed in Section 150.126(A) through (G) shall be approved by the
Planning Commission.


~ 150.127 Expiration and Extension of Approval Period

If construction of any phase of the approved PUD begins within two (2) years after approval is
granted, the approval shall be valid until the development is completed. If no construction has
begun within two (2) years after the approval is granted, the PUD shall be void and the land
shall revert to the district regulations in which it is located. An extension of the time limit may
be approved by the Village of Swanton Planning Commission. (Adopting Ord. 98-2, passed 2-
9-98)



                                       Business Districts

~ 150.130 Intent

Business districts and their regulations are established herein in order to achieve the following
purposes:

  A.   To provide in appropriate and convenient locations, zoning districts of sufficient size for
       the exchange of goods and services and other business activities;

  B.   To provide the Convenience Business Districts (B-1) to serve the needs for
       convenience goods in outlying areas;

 C.    To provide General Business Districts (B-2) to serve the needs for convenience goods
       in proximity to the immediate neighborhood which do not attract large volumes of traffic;

 D.    To provide Central Business Districts (B-3) which require large land areas, which may
       be open in evenings and which generate large volumes of traffic serving the needs for
       shopping, convenience goods and services of the entire community;

  E.   To establish criteria and procedures for planned business areas so they may be
       coordinated with surrounding developments;

  F.   To protect adjacent residential neighborhoods by regulating the types and spacing of
       business uses, particularly at the common boundaries which would create hazards,
       noise, odors, or other objectionable influences; and

  G. To promote the most desirable land use and traffic patterns in the community.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.131 Convenience Business District Use Regulations (B-1)
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or
maintained in whole or in part in any Convenience Business District only for the uses set forth
in the following regulations:
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                             Village of Swanton, Ohio 2010
 A.   Main Buildings and Uses Permitted.

      Retail stores and services conducted wholly within enclosed buildings and devoted to
      supplying neighboring needs to the following limited events:
        1.   The sale and preparation of baked goods, confectionery, groceries, meats,
             fruits, vegetables, dairy products, packaged beverages;

        2.   The sale and preparation, serving and consumption of goods, ice cream and
             beverages;

        3.   The sale of drugs, gifts, antique and art goods, flowers, periodicals, musical
             instruments and supplies, sporting and athletic goods, provided no loudspeakers
             broadcast onto the streets;

        4.   Personal services such as beauty and barber shops, and interior decorating;

        5.   Laundry agencies and laundromats, tailor, pressing and dry cleaning shops in
             which only non explosive and nonflammable solvents are used;

        6.   Post offices.

        7.   The sale of wearing apparel, shoes, hats, clothing, and fabrics.

B.    By Conditional Use Permit Only.
        1.   Accessory Residential Uses
             Residential Uses, such as apartments and lofts, shall be permitted only on the
             upper floors of a multi-story building within the central business district and
             under the following conditions:
               a.    Shall adhere to all current State of Ohio building codes.
               b.    No conditional use permit shall be granted until the State of Ohio has
                     issued a building permit.
               c.    A minimum of one (1) parking space shall be provided for each dwelling
                     unit upon the parcel it occupies or proof of an agreement with adjacent
                     property owners shall be submitted which states that sufficient parking
                     will be provided to the dwelling unit.
               d.    The dwelling unit shall not create congestion for the immediate area.
               e.    No permit shall be granted until the State of Ohio has issued a building
                     permit.
                f.   The Planning Commission may establish standards, per each individual
                     applicant, to address unique circumstances which would affect the
                     immediate area.

 C.   Similar Main Uses Permitted. Any other neighborhood retail store, shops or service not
      listed above or in any subsequent use classification, and determined by the Planning
      Commission to be similar in accordance with the standards set forth in Section
      150.302.


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                               Village of Swanton, Ohio 2010
  D. Accessory Uses Permitted. Requests for any accessory use must be approved by the
       Planning Commission.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88) (Ord. 2010-8, passed 3-
22-10)


~ 150.132 General Business Use Regulations (B-2)

Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or
maintained in whole or in part in any General Business District only for the uses set forth in the
following regulations:

  A.   Main Buildings and Uses Permitted.

         1.   Office buildings and offices: Professional, financial, governmental, public utility,
              sales, executive, administrative and post offices.

         2.   Retail stores and services conducted wholly within enclosed buildings and
              devoted to supplying neighborhood needs to the following limited extent:
                a.    The sale of hardware, tools, paint, garden supplies and household
                      appliances;
                b.    Repair services, such as shoe and hat, radio and television, household
                      appliances;
                 c.   Service stations and automotive services limited to lubrication and minor
                      repairing to tires, batteries, ignition, and cooling system may be permitted
                      provided a conditional use permit is granted in accordance with the
                      standards set forth in Section 150.301.

 B.           Retail sales in open yards shall be permitted to the following limited extent:
       Garden equipment and supplies, garden furniture, nursery stock, and monuments may
       be sold on an open lot provided the operation is in connection with an establishment-
       related business conducted within a store building or retail greenhouse, not more than
       150 feet therefrom and provided the sales in open yards comply with the setbacks
       established in Section 150.136.

 C.    By Conditional Use Permit Only.

         1.   Accessory Residential Uses: See Section 150.131(B)(1)

 D.    Similar Main Uses Permitted. Any other neighborhood retail store, shop or service not
       listed above or in any subsequent use classification, and determined to be similar by
       the Planning Commission in accordance with the standard set forth in Section 150.302.

  E.   Accessory Uses Permitted. Requests for any accessory use must be approved by the
       Planning Commission.

(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88) (Ord. 2010-8, passed 3-
22-10)

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                                 Village of Swanton, Ohio 2010
~ 150.133 Central Business District Use Regulations (B-3)

Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or
maintained in whole or in part of any Central Business District only for the uses set forth in the
following regulations:

  A.   Main Buildings and Uses Permitted.
         1.   Offices, stores, services, and other use classifications as permitted in any
              Convenience or General Business District.

         2.   Motels and mortuaries.

         3.   Adult business establishments such as those described in Section
              150.007(N)(1), shall not be located within 500 feet of any residentially zoned
              district, or within 500 feet of other adult business establishments, day care
              centers, churches, public parks, schools, libraries, or other public buildings.

                 a.   Distances shall be measured in a straight line without regard to
                      intervening structures; from the closest exterior structural wall of each
                      business.
                 b.   Adult business establishments shall follow all of the density, setback, and
                      parking requirements of business districts and all other zoning, building,
                      and state building requirements.
                 c.   All buildings, entries, windows, etc., shall be located, covered, or
                      otherwise arranged in such a manner to prevent a view into the interior.
                 d.   No screen, stages, loudspeakers or other sound systems, shall be seen
                      or heard from the exterior of an adult business establishment.
                      (Ord. 99-3, 3-22-99)

         4.   Additional retail business stores and services conducted wholly within enclosed
              buildings and devoted to supplying the retail business needs of the community
              to the following extent:

                 a.   The sale of all food, frozen food lockers;
                 b.   The sale and serving of all beverages, and eating places of all types
                      including dancing and live entertainment; places selling and serving
                      alcoholic beverages; state liquor stores; drive-in establishments if a
                      conditional use permit is granted by the Planning Commission in
                      accordance with the standards set forth in
                      Section 150.301;
                 c.   The sale of all hardwood, appliance, china, furniture, floor and wall
                      covering, business equipment, music, radio and television, provided no
                      loudspeakers broadcast onto the streets;
                 d.   The sale of all general merchandise, dry goods, variety and department
                      stores;
                 e.   The sale of bicycles, motorcycles, boats, outboard motors, sport and
                      athletic equipment, pet shops;
                 f.   Wholesale offices and showrooms, with storage limited to samples;

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                                      Village of Swanton, Ohio 2010
                   g.   Automotive sales and services; repair and service garages, and used
                        automotive sales lots only if accessory and immediately adjacent to
                        buildings and for the sale of new motor vehicles;
                 h.     All personal service establishments without limitations on the number of
                        persons engaged in such work;
                   i.   Photographic development, blueprinting, letter, printers and newspaper
                        printing, radio or television station, transmitting towers, telephone
                        exchanges, and transformer stations;
                   j.   Hotels; and
                   k.   Amusement and recreational services such as assembly and meeting
                        halls, billiard halls, bowling alleys, dance halls, indoor theaters, ice and
                        roller skating rinks, and other social, fraternal, sport and recreational
                        establishments, provided that they are conducted within an enclosed
                        building, and sufficiently sound insulated to confine the noise to the
                        interior of the premises.

  B.    By Conditional Use Permit Only.

          1.   Accessory Residential Uses - See Section: 150.131(B)(1)

 C.     Similar Main Uses Permitted. Any other general business store, shops or service not
        listed above or in any subsequent use classification and determined as similar by the
        Planning Commission in accordance with the standards set forth in Section 150.302.

 D.    Accessory Uses Permitted. Requests for any accessory use must be approved by the
       Planning Commission.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88) (Ord. 2010-8, passed 3-
22-10)


~ 150.134 Area Regulations

In any business district, buildings and land shall be used and buildings shall be designed,
erected, altered, moved or maintained in whole or in part only in accordance with the following
schedule:

                            Business                      Minimum                  Minimum
Main Use                     District                     Lot Area                 Lot Width

Motel                   General Business            400 Sq. Ft. per unit               150 Ft.

Service Stations                All                     20,000 Sq. Ft.                 100 Ft.

(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88) (Ord. 2010-8, passed 3-
22-10)

~ 150.135 Land Coverage



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                                  Village of Swanton, Ohio 2010
  A.   In any Convenience Business District (B-1), notwithstanding any other provisions of this
       Zoning Code, the land area occupied by main and accessory buildings shall not exceed
       50% of the total area of the parcel being developed. In any General (B-2) or Central
       Business District (B-3) such percentage of building coverage may be increased if the
       Planning Commission finds that by providing the required number of accessory parking
       spaces on an adjacent parcel within a walking distance of 250 feet from the main
       building, the off-street parking and loading facilities requirements set forth in Sections
       150.240 through 150.250 will be satisfied.

  B.   Whenever the required accessory off-street parking facilities are proposed to be
       located on a parcel other than the one occupied by the main building served, the
       Planning Commission shall require a copy of the agreements covering such an
       arrangement as set forth in Sections 150.240 through 150.250.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.136 Yard Regulations
In any business district, buildings and lands shall be used, and buildings shall be designed,
erected, altered, moved or maintained in whole or in part only in accordance with the following
schedule of regulations:

  A.   Yards for Dwellings. The yard requirements established for the adjacent residential
       districts shall apply to the buildings, or the parts thereof, used for dwelling purposes.
       However, dwellings which are nonconforming in regard to the area of yard regulations
       on the effective date of this Zoning Code may be continued to be used in accordance
       with the provisions of Sections 150.185 through 150.194.

  B.   Schedule of Yards and Setbacks for Business Uses. In any business district the yards
       shall be not less than set forth in the following schedule:

               Main and Front                  Side Yard                   Rear Yard
            AccessoryYard and         Abutting        Abutting    Abutting Abutting
            Building Setback          Resident        Nonresident Resident Nonresident
District    Use        (ft.)          Dist. (ft.)     Dist. (ft.) Dist. (ft.) Dist. (ft.)

Convenience              Stores          20*          10            None or       20        20
(B-1)     and                                         Minimum 6
          Services                                    Between
                                                      Buildings

            Parking        10             5                            5

General     Offices,       15*            10          None or         20          20
(B-2)       Stores                                    Minimum 6
            and                                       Between
            Services                                  Buildings

            Parking         5             5                            5

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                                     Village of Swanton, Ohio 2010
Central         Offices,    10*               15      None or            20           20
Business        Stores,                               Minimum 6
(B-3)           Services,                             Between
                Mortuaries,                           Buildings
                Amusement

                Recreation     20*            10                         20           20

                Sales in   10*                 5                         20           20
                Open Yards

                Parking         5              5                          5

*There is a 120 ft. front yard setback on Airport Highway measured from the center of the
highway. Additional zoning requirements may apply to parcels with frontage on Airport
Highway. (See Airport Highway Overlay District) (Adopting Ord. 2003-20, passed 6-9-03)

 C.    Supplementary Yard Regulations. Yards may be used for off-street parking, loading,
       traffic circulation, illumination, landscaping and signs as regulated in other sections of
       this Zoning Code.

           1.    Front yards for buildings and uses shall not be less than set forth in Section
                 150.136, and no structure shall be erected in front of such lines unless shown
                 otherwise on the Zoning Map or specifically modified in supplementary
                 regulations.

                   a.     Whenever parking areas are proposed in front yards, the Planning
                          Commission may require as a condition of approval, a front yard setback
                          depth greater than set forth above as appropriate for the proposed
                          structure in order for it to be compatible with surrounding developments.
                          If parking or sales are permitted in front yards, a concrete curb or precast
                          barrier shall be erected along the parking area or sales area, and the
                          front yard between such line and the public right-of-way shall be
                          landscaped and maintained attractively.
                   b.     Gasoline pumps if constructed and operated as a part of a service station
                          or garage may, however, be erected in front of the established building
                          line, but not less than 20 feet from the road right-of-way. All driveways,
                          platforms and curbs of the service station, whether located on a village
                          street, county road, or state highway, shall be designed in accordance
                          with the latest revision of the “Regulations Governing Ingress and Egress
                          at Gasoline Service Stations Fronting on all Highways Under State
                          Jurisdiction in Ohio” adopted by the Ohio Department of Transportation.

           2.    Side Yards. Whenever a business building is located adjacent to another
                 business building having one or more party walls and a common roof with one or
                 more similar buildings, but individually owned, there shall either be no side yards
                 provided or the buildings shall be separated not less than six feet from the
                 nearest business building.


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                                 Village of Swanton, Ohio 2010
         3. Yard Screening and Landscaping. Whenever a business building is located on
             a lot which adjoins a residential district, a side or rear yard of not less than set
             forth in Section 150.136 shall be provided on the business lot, and the Planning
             Commission may require a wall or fence inside the business district boundary
             line to shield adjacent residential areas from parking lot illumination, headlights,
             fumes, heat, blowing paper and dust, and to reduce the visual encroachment of
             business buildings, signs and activity. The area between such wall or fence and
             the property line shall be treated with plantings to form a permanent landscaped
             area. Landscaping plans must be submitted to the Planning Commission prior
             to approval.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.137 Height Regulations

The height of any main or accessory building in any Convenience or General Business District
shall not exceed 35 feet. The height of any main or accessory building in any Central
Business District shall not exceed 50 feet. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-
36, passed 1-25-88)

~ 150.138 Parking

Parking in any business district shall be in accordance with the regulations as set forth in
Sections 150.240 through 150.250. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36,
passed 1-25-88)


~ 150.139 Signs

Signs in any business district shall be designed, erected, altered, moved, or maintained in
whole or in part, in accordance with the regulations as set forth in Sections 150.260 through
150.266. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.140 Site Plan Requirements for Commercial Uses

A site plan shall be submitted which depicts the placement of structures, a storm water
management plan, parking, landscaping, setbacks, fencing, and other elements that the code
shall require or village officials shall request. State building plan approvals are required for
final site plan approval. Following submittal, the village shall have a minimum of 45 days to
review all plans. Construction may commence upon final approval of the site plan. See
Sections 150.400-150.406 Site Plan Review.

                            Drive-Thru Business Establishments

~ 150.148 Drive-Thru Business Establishments

Applicability: This section applies to any establishment that intends to include a drive-thru
window; or which provides a service or product to customers while they remain in a motor
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                                 Village of Swanton, Ohio 2010
vehicle. All drive-thru business establishments must also meet all of the requirements
contained in Sections 150.400-150.405 Site Plan Review.

~ 150.148 (A): Standards

      1. The drive-thru business shall maintain a minimum of 100-feet of street frontage and
      be located on a collector or arterial street.
      2. All drive-thru facilities shall be a minimum of 100 feet from the property line of a
      residential use.

      3. Stacking Spaces and Lanes:

        a.    Drive-thru establishments shall provide a minimum of 6 stacking spaces (within
              the site) before the transaction window or area. An additional space shall also
              be provided adjacent to the transaction window or area.

        b.    Each stacking space shall be a minimum of 20 feet in length and 10 feet in width
              along straight portions. Stacking spaces and stacking lanes shall be a minimum
              of 12 feet in width along curved segments. Stacking lanes shall be delineated
              from traffic aisles, other stacking lanes and parking areas with the use of one or
              more of the following: striping, curbing, landscaping and the use of alternative
              paving materials or raised medians. Entrances to stacking lanes shall be clearly
              marked and be at least of 60 feet from any roadway intersection with the access
              connection. The distance shall be measured from the street to the beginning of
              the entrance.

         c.   Stacking lanes shall be designed to prevent circulation congestion, both on site
              and on adjacent public streets. The circulation shall separate drive-thru traffic
              from site circulation traffic, not impede or impair access into or out of parking
              spaces, minimize conflicts between pedestrian and vehicular traffic by physical
              and visual separation between pedestrian ways and stacking lanes and
              driveways, or at the crossing of the two.

        d.    Stacking lanes shall not interfere with required loading and trash storage areas
              nor impede or impair vehicular movement within stacking lanes. If said separate
              stacking lane is curbed, an emergency by-pass or exit shall be provided.

        e.    Access to and egress from all stacking lanes shall be made within the parking lot
              and not directly to or from a public right-of-way. Stacking lanes shall be
              integrated from the site circulation pattern.

      5. Any changes in the approved site/drive-thru plan or in the activity to be conducted on
      the site shall be submitted to the Planning Commission for review and approval.
      6. Drive-thru establishments are prohibited from operating in a manner which results in
      vehicular stacking that interferes with a public right of way.

      7. No alcoholic beverages shall be sold through a drive-thru window or directly to a
      customer remaining in a motor vehicle. Any person who violates this provision of this
      chapter shall be guilty of a misdemeanor of the fourth degree; upon a second offense

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                                  Village of Swanton, Ohio 2010
       within one (1) year after the first offense, such person shall be guilty of a misdemeanor
       of the third degree. A person is defined as including: individuals, firms, limited liability
       companies and/or corporations.


~ 150.148 (B): Findings for Approval. In addition to the provisions specified above, the
following findings must be made for the granting of an approval for a drive-thru business:

       1. That the use will not substantially increase vehicular traffic on streets in a residential
       zone.

       2. That the use will not substantially lessen the usability of adjacent or nearby
       commercially zoned property or commercial use by interfering with pedestrian traffic.

       3. That the use will not create increased traffic hazards to pedestrians.

       4. That the site will be adequate in size and shape to accommodate said use and to
       accommodate all yards, walls, parking, landscaping and other required improvements.

       5. Traffic Study. A traffic impact analysis addressing both on-site and off-site traffic
       and circulation impacts may be required as part of the drive thru plan approval. A
       registered professional engineer experienced and qualified in traffic engineering shall
       prepare the traffic impact study at the expense of the applicant requesting drive thru
       plan approval.

       (Adopting Ord. 2008-33, passed 1-26-09)


                                       Industrial Districts

~ 150.150 Intent

Light (M-1) and Heavy (M-2) Industrial Districts and their regulations are established herein in
order to achieve, among other things, the following purposes:

  A.   To provide in appropriate and convenient districts sufficient areas for carrying on
       research, providing commercial services, manufacturing and distributing goods to serve
       the community, to promote employment and to strengthen the economy of the
       community;

  B.   To provide light Industrial districts in appropriate and convenient areas for business,
       contracting, storage, distribution and transportation services, and related types of minor
       production processes;
 C.    To provide heavy Industrial districts for those products and processes which normally
       require a large amount of motor vehicle trucking for the transportation of the raw
       materials and finished products, but in which dust, smoke, fumes, glare, odors or other
       objectionable influences can be controlled;



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                                     Village of Swanton, Ohio 2010
 D.    To improve the general environment by prohibiting dwellings, institutions and public
       facilities in industrial districts, and by so doing, make land more readily accessible for
       industry;

  E.   To protect adjacent residential districts by restricting the types of manufacturing uses in
       the surrounding areas to only those not creating objectionable influences beyond
       industrial district boundaries and by separating and insulating them from the most
       intense manufacturing activities;

  F.   To protect manufacturing and related development against congestion and promote the
       appropriate regulation of the size of buildings in relation to the land and provide off-
       street parking and loading facilities. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36,
       passed 1-25-88)


~ 150.151 Light Industrial District Use Regulations (M-1)

Buildings and land shall be designed, erected, altered, moved and maintained, in whole or in
part, in any Light Industrial District only for the uses set forth in the following regulations:

  A.   Main Uses Permitted.

         1.   Office uses as permitted in any General (B-2) or Central (B-3) Business District.

         2.   Laboratories. The experimental, research and testing of all types of basic and
              applied research of product design and development, including but not limited to
              the construction and operation of small scale experimental and pilot plant
              operations.

         3.   Metal Production and Fabrication. Cutting, electric, gas and ultrasonic welding,
              grinding, machining and finishing as incidental component operations, but not as
              a single operation, only in the production and/or assembly of products which
              have a high value in relation to bulk, such as automotive and aircraft parts;
              electrical and electronic equipment, motors, lamps, fixtures, and clocks; cutlery
              and kitchen utensils; musical and scientific instruments; medical, orthopedic and
              photographic instruments and equipment; machine tools, lathes, presses,
              stamping machines, woodworking machines and screw machines; sporting
              goods, athletic equipment and toys.

         4.   Nonmetal Production. Clothing and other textile products, plastic extrusion,
              molding and fabricating of panels, sheets, tubes and rods; printing, publishing
              and engraving; fabrication of wood furniture, cabinets and other wood products
              limited to sash, doors, cabinets, wallboards, partitions and prefabricated house
              panels.
         5.   Distribution Operations. The storage and distribution of those products which
              may be produced in a light Industrial districts; the storage and distribution of
              foods and beverages; postal stations; telephone exchanges; electrical
              distribution substation.


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                               Village of Swanton, Ohio 2010
         6.   Transportation Services. The storage and maintenance of trucks and the
              loading and unloading equipment or supplies for the purpose of transporting
              materials and equipment upon roads or highways.

         7.   General Services. Sales and storage establishments if conducted wholly within
              enclosed buildings to the following extent:

                 a.    Cleaning establishments: laundries, dyeing, dry cleaning, carpet
                       cleaning, towel supply and auto wash provided the entire waiting line is
                       accommodated on lot;
                 b.    Food and drink preparation: bakeries, freezing, refrigeration, roasting,
                       ice manufacturing, bottling works and creameries; excluding the basic
                       manufacture or processing of foodstuff, either animal or vegetable;
                 c.    Repair establishments: automobile engines, body and paint; electrical
                       and household appliances;
                 d.    Repair and sales of buses, trucks and machinery;
                 e.    Shops and offices of contractors; carpentry, electrical, masonry,
                       plumbing, heating, ventilating, air conditioning, painting, ornamental iron,
                       roofing and sheet metal; packing and crating and monument works;
                 f.    Storage yards and sale of new lumber and other building materials;
                       public utility materials and equipment;
                 g.    Warehouses and similar storage establishments and parcel delivery
                       stations providing loading and off-loading facilities that are entirely within
                       an enclosed building;
                 h.    Mini storage;
                  i.   Veterinarians’ offices, animal hospitals and kennels;
                  j.   Commercial greenhouses; and
                 k.    Telecommunication towers.

  B.   Similar Main Uses Permitted. Any other office, research, service, wholesale, storage or
       product use not listed above or in any industrial district if considered and found similar
       by the Planning Commission according to standards set forth in Section 150.302.

  C.   Accessory Uses Permitted. Storage of materials and products within buildings or
       processing operations which are clearly incidental to the permitted main use, provided
       that such a use has no injurious effect on any adjoining residential districts.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)



~ 150.152 Heavy Industrial District Use Regulations (M-2)
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved
and maintained, in whole or in part, in any Heavy Industrial District only for the uses set forth in
the following regulations:
  A. Main uses permitted.

         1.   Office, laboratories, production, distribution and service uses permitted in any
              Light Industrial (M-1) District.


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                                 Village of Swanton, Ohio 2010
         2.   Manufacturing processes conducted wholly within an enclosed building; cutting,
              forging, stamping, casting, extrusion, drilling, machining, welding, brazing,
              soldering, sawing, cleaning, shot and sand blasting, grinding, enameling,
              painting, galvanizing, finishing, heat-treating and rust proofing, as a component
              process in connection with the production and assembly of products.

         3.   Other industrial processes and uses including blending, mixing and packaging of
              disinfectants, fertilizers, insecticides, fungicides, ink, soap, detergents, and
              related household and industrial chemical compounds; but excluding the
              manufacture of primary chemicals or chemical compounds; making of ferrous
              metal and metal alloy products from brass, bronze, pewter, tin, lead or aluminum
              and the smelting or founding of such metals; and bulk distribution stations for
              gasoline and oil, and reclamation of ferrous metal products may be permitted
              provided a conditional use permit is granted in accordance with the standards
              set forth in Section 150.301.

         4.   Telecommunication towers.

  B.   Similar Main Uses Permitted. Any other manufacturing use not listed above or in any
       industrial district if considered and found similar by the Planning Commission according
       to standards set forth Section 150.302.

  C.   Accessory Uses Permitted.

         1.   Storage of materials, products, and processes clearly accessory to the main
              use.

         2.   Off-street parking and loading facilities as required and set forth in Sections
              150.240 through 150.250.

         3.  Signs: Industrial, project, real estate, identification and directional signs are
             permitted as set forth in Sections 150.260 through 150.266.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.153 Area and Land Coverage Regulations

A minimum lot area of one (1) acre and lot width of 100 feet is required in Light and Heavy
Industrial Districts. Buildings, including accessory buildings, shall not cover more than 50% of
any lot in a Light Industrial District and 75% of any lot in a Heavy Industrial District. (Adopting
Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)




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                                   Village of Swanton, Ohio 2010
~ 150.154 Yard Regulations
Yards shall be provided for every main and accessory building in industrially zoned districts in
accordance with the following schedule:

                            Front          Side Yard                       Rear Yard
           Accessory        Yard    Abutting      Abutting          Abutting      Abutting
           Building        Setback Residential Business            Residential Business
District   and Use           (ft.)  Dist. (ft.)      (ft.)          Dist. (ft.)     (ft.)

(M-1)
Light      Offices            20           50            20             50             20
Industry   Production         30           50            20             50             20
           Distribution       30           50            20             50             20

(M-2)
Heavy      Offices            20          100            20            100             20
Industry   Manufacturing      30          100            20            100             20

(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.155 Height Regulations

  A.   Main and accessory buildings in any industrial district may be erected to a height not
       exceeding 50 feet.

  B.   Chimneys, spires, cupolas, domes, towers, excluding telecommunication towers,
       flagpoles, waste tanks, monuments, and other mechanical appurtenances located upon
       or constituted as an integral part of a main building shall not exceed a height of 100
       feet above finished grade.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.156 Performance Standards

Any use established in any industrial district after the effective date of this Zoning Code shall
comply with the performance standards set forth in this section for the district in which such
use shall be located prior to occupancy or initiation of that use. Any use already established in
such districts shall not be altered, added to or otherwise modified so as to conflict with, or
further conflict with the performance standards set forth in this section for the district in which
such use is located as a precedence to any future use.

Statements may be required by the Planning Commission from the owner that such uses
comply or will comply with the performance standards enumerated in this section. The Village
of Swanton reserves the right to select and arrange for an independent survey by a
professional engineer qualified in the particular field and the costs for such services shall be
paid by the owner.



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                                 Village of Swanton, Ohio 2010
  A.    Enclosure. All permitted main and accessory uses and operations except off-street
        parking shall be performed wholly within the limits established in this section. All raw
        materials, finished products, mobile and other equipment shall be stored within said
        units.

  B.    Fire and Explosive Hazards. The storage, handling and use of flammable or explosive
        materials shall be permitted only in structures having incombustible exterior walls, and
        all operations in connection therewith shall be provided with adequate safety and
        protective devices against hazards of fire and explosion as well as with adequate fire
        fighting and suppression equipment and devices standard to the operation involved.
        The storage, handling and use of flammable or explosive materials shall conform to the
        requirements of the Codified Ordinances of the Village of Swanton and all applicable
        laws of the State of Ohio.

 C.     Emission of Pollutants. The emission of any atmospheric pollutant shall not exceed the
        level permitted by applicable federal or state regulations.

 D.     Noise. The noise level, when measured in decibels, shall not exceed that level
        specified or permitted by the Interim Noise Assessment Guidelines (1980) HUD.

  E.    Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use
        which would be perceptible without the aid of instruments.

  F.    Radioactive or Electrical Disturbances. Radioactive or electrical disturbances shall not
        be created which would adversely affect any form of life or equipment at or beyond the
        boundaries of the lot occupied by the use.

 G.     Refuse. Incineration facilities are permitted provided they meet the requirements of the
        Ohio EPA. No garbage, rubbish, waste matter, or empty containers shall be permitted
        outside of any building unless contained in an approved refuse collection container.

 H.     Waste Materials. Liquid wastes shall not be discharged into an open reservoir, stream
        or other open body of water or a sewer unless treated or controlled so that the amount
        of solid substances, oils, grease, acids, alkalizes, and other chemicals shall not exceed
        the amount permitted by other codes of the state, county or village.

   I.  The side and rear yard requirements for residential and business districts shall adhere
       to Section 150.154. No building or use shall be permitted in this setback. The setback
       area provided shall be either permanently landscaped, fenced, or walled to the
       approval of the Planning Commission.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.157 Parking

Parking in any industrial district shall be in accordance with regulations set forth in Sections
150.240 through 150.250. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-
88)



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                                 Village of Swanton, Ohio 2010
~ 150.158 Signs

Signs in any industrial district shall be designed, erected, altered, moved or maintained, in
whole or in part, in accordance with the regulations set forth in Sections 150.260 through
150.266. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.159 Site Plan for Industrial Use

A site plan shall be submitted which depicts the placement of structures, a storm water
management plan, parking, landscaping, setbacks, fencing, and other elements that the
Zoning Code shall require or village officials shall request. State building plan approvals are
required for final site plan approval. Following submittal, the village shall have a minimum of
45 days to review all plans. Construction may commence upon final approval of the site plan.
See Sections 150.400-150.406 Site Plan Review.



                               Airport Highway Overlay District

In addition to the underlying zoning district and the permitted and conditional uses and all
applicable development requirements, the following overlay district has been enacted
imposing additional restrictions on the use and development of the land within the district.


~ 150.160 Purpose and Intent

The purpose of the Airport Highway Overlay District is to promote and protect the public
health, safety, comfort, convenience and general welfare by providing for consistent and
coordinated treatment of the properties bordering Airport Highway in the Village of Swanton.
Airport Highway is a high traffic volume and major roadway corridor in the Village of Swanton.
Therefore, it is the further purpose of the Airport Highway Overlay District to preserve the
aesthetic qualities of those adjacent and bordering properties through the promotion of
coordinated parcel development in the district and the establishment of consistent parcel
development standards.


~ 150.161 Airport Highway Corridor District Boundaries

The boundaries of the district are hereby established as shown on the Zoning District Map.
The district includes those parcels that front along the right-of-way of Airport Highway (except
Turtle Creek Business Park) within the Village of Swanton, not to exceed a depth of 400 feet
from the right-of-way along both sides of Airport Highway.


~ 150.162 Review and Approval Procedures

The zoning inspector, with consultation from various government review agencies, shall review
and may approve the site plan for any proposed improvement in the district when the
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                               Village of Swanton, Ohio 2010
development is in conformance with the standards specified in this section. Site plan review
and approval shall be necessary for all new development and for any structure that is enlarged
by 50% or more or when the enlargement contains 5,000 sq. ft. or more in floor area.

When there is a change of use to an existing facility or development, the planning commission
shall review such use for conformance to the Zoning Code and impact on the district. The
plan commission may further require the developer to make transportation improvements, in
order to comply with standards set forth in this section. If there will be a significant increase in
traffic or parking, the Plan Commission may require a traffic impact study.


~ 150.163 Uses

 A.    Permitted Uses.
       All uses which are permitted in the underlying zoning district(s), except the uses
       expressly excluded by Section 150.163(B), are permitted in the district.

 B.    Excluded Uses.
       Outdoor auction facilities, kennels, billboards, and truck repair shops

 C.    Accessory Buildings and Uses.
       All accessory buildings and uses which are permitted in the underlying zoning district(s)
       shall be approved by the Plan Commission. It is recommended that an accessory
       building be compatible with the architecture of the principal building.


~ 150.164 Area, Yard and Height Regulations

 A.    Maximum Building Height.
       As specified in the underlying zoning districts(s).

 B.   Minimum Front Yard Setback.
      The minimum front yard setback shall be 120 feet from the centerline of Airport
      Highway. Parcels with frontage on more than one street shall have a minimum front
      yard setback of 25 feet from the right-of-way of the minor street.
(Adopting Ord. 2003-20, passed 6-9-03)

 C.    Minimum Side Yard Setback.
       The minimum side yard setback shall be twenty (20) feet per side.

 D.    Minimum Rear Yard Setback Adjacent to Residential and Industrial Districts.
       The minimum rear yard setback shall be fifty (50) feet from residential districts and
       twenty (20) feet from industrial districts. There shall be no drive aisles, parking spaces,
       storage, refuse containment, or other above-ground activity associated with the use
       within the rear yard setback area. The rear yard adjacent to these residential districts
       shall have a minimum eight (8) foot tall buffer to appropriately screen the use from the
       residential property. Such buffer may include earth mounding, solid fencing, masonry
       walls and/or other dense natural landscape materials such as evergreens and hedges.
       (Adopting Ord. 2003-20, passed 6-9-03)

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                                 Village of Swanton, Ohio 2010
 E.    Minimum Front Yard Landscape Area.
       The minimum front yard landscape area shall be twenty (20) feet along Airport Highway
       and ten (10) feet along side streets.

       The landscape area shall be located within the front yard setback area(s). In those
       instances where a parallel service road is provided within the required front yard, the
       minimum landscape area width shall be ten (10) feet.

  F.   Landscape Areas.
       Landscaping shall be indicated on the site plan.


~ 150.165 Parking Requirements

Parking is prohibited in the front landscape area and in the rear yard setback when adjoining a
residential district. Efforts to break up large expanses of pavement are to be encouraged by
the interspersing of appropriate planting areas wherever possible. The required number of
parking spaces depends upon the underlying zoning district and the intended land use. There
shall be an appropriate number of parking spaces accessible to the building(s) with the
required number of spaces reserved for handicapped park spaces as enumerated in Section
150.244(F) of this Zoning Code.


~ 150.166 Lighting Requirements

In reviewing the lighting plan for a lot to be developed in the district, factors to be considered
include, but are not limited to, the following:

 A.    Safety provided by the lighting.

 B.    Security provided by the lighting.

 C.    Possible lighting spillage or glare onto adjoining residential properties is prohibited.

 D.    Height and placement of lighting standards considering the use.


~ 150.167 Access to Individual Parcels

Access along Airport Highway shall be reviewed relative to the distance from other drive
approaches and from roadway intersections. In some instances, a frontage road shall be
provided to allow access to other parcels and to the adjoining parcel(s). In other instances,
cross access easements and/or a shared drive approach may be required for adjoining
parcels. Access shall be reviewed by the designated village engineer, plan commission,
and/or the Ohio Department of Transportation. A traffic impact study may be required by the
developer if the proposed use of the property generates 100 or more peak hour trips,
consistent with the Institute of Transportation Engineers (ITE) Generation Manual.
If requested, where there is a change of use to an existing development, the designated
village engineer, the plan commission, or Ohio Department of Transportation may make a

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                             Village of Swanton, Ohio 2010
recommendation to close access points within the overlay district which are deemed to be
hazardous.


~ 150.168 Other Requirements

 A.    Outside Storage of Refuse. All outdoor storage and refuse containment units shall be
       suitably screened from public view and approved by the Plan Commission.

 B.    Semi-truck Loading Areas. Semi-truck loading berths or bays for merchandise and
       materials which face Airport Highway shall be screened by landscaping or other
       screening.

 C.    All utilities shall be underground.

 D.    Grade level mechanical equipment shall be screened from adjoining residential parcels
       and from public view from the roadway.


                                        Flood Plain Areas

~ 150.170 Composition

The Flood Plain District shall include all those lands comprising the floodway, as delineated on
the flood boundary and floodway maps, as identified by the Federal Emergency Management
Agency Flood Insurance Rate Map dated 2-15-84 and the Flood Insurance Rate Maps of
Fulton County dated 9-29-89 and any revisions thereto. By definition, the floodway includes
the channel of a stream plus any adjacent flood plain areas that must be kept free of
encroachment, in order that the 100-year flood may be discharged without substantially
increasing the base flood water surface elevation at any point in the flood plain, or contributing
to hazardous flow velocities. Refer to Chapter 152: Special Purpose Flood Damage
Prevention Ordinance for requirements in developing within a 100 year flood plain. (Adopting
Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


                                      Nonconforming Uses

~ 150.185 Intent

Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of
a nonconforming structure, building, or land use are established in order to achieve, among
others, the following purposes:

  A.   To permit the continuance but control a nonconformity so as to minimize any adverse
       effect on the adjoining properties and development;

  B.   To regulate their maintenance and repair;

 C.    To restrict their rebuilding if substantially destroyed;
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                               Village of Swanton, Ohio 2010
 D.    To require their permanent discontinuance if not operated for certain periods of time;
       and

  E.   To require conformity if it is discontinued to bring about eventual conformity in
       accordance with the objectives of this Zoning Code.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)



~ 150.186 Lawful Nonconformance

The lawful use of any dwelling, building or structure and of any land use or premises as
existing and lawful at the time of enacting this Zoning Code, may be continued, although such
use does not conform to the provisions of this Zoning Code. The completion, restoration,
reconstruction, extension, or substitution of nonconforming uses shall be subject to the
provisions and conditions as set forth in this subchapter.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.187 Discontinuance and Abandonment

Any nonconforming use of land or building shall be considered abandoned when the owner,
lessee or tenant has voluntarily discontinued such use for two consecutive years, or when the
nonconforming use has been replaced by a conforming use.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)
~ 150.188 Maintenance and Repair

A nonconforming building or structure may be continued to be used and normal repairs and
improvements may be made. For the purpose of this Zoning Code, normal repairs shall
include the ordinary maintenance of a building or structure, and the replacement of equipment
which is required for safety of operation, and the replacement or substitutions of machinery or
equipment. It shall not include the replacement of the structural parts in any nonconforming
building or structure except when required by law to restore same to a safe condition, or to
make the building use or structure conforming.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.189 Restoration of Damaged Structure

  A.   Any nonconforming building or structure which has been destroyed or damaged by fire,
       other casualty, act of God or by a public enemy to the extent of 50% or more of its cost
       of restoration to the condition in which it was before the occurrence, shall thereafter
       conform to all the provisions of this Zoning Code.

  B.   The total structural repairs, improvements, and alterations including repairs occasioned
       by fire, other casualty, act of God or by a public enemy to the extent of less than 50%
       of its cost of restoration, shall not, during the life of the structure or use after the
       enactment of this Zoning Code, exceed 50% of the reproduction value of the structure
       as of the date of enactment of this Zoning Code, unless the structure or use be
       permanently changed to a conforming use.

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                                  Village of Swanton, Ohio 2010
 C.    Determination of the reproduction value shall be made by three practicing building
       construction contractors, one to be appointed by the owner, one to be appointed by the
       village, and the third to be selected by the mutual consent of the two parties.

 D.    In the case of repair or replacement of partial destruction of the structures, a zoning
       permit must be applied for within six months of the destruction and repairs must be
       completed within six months of the issuance of the permit or the nonconforming
       structure or use shall be considered to be abandoned.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.190 Extension Prohibited

Any nonconforming building or structure shall not be enlarged or structurally altered except to
make it a conforming building or structure. A nonconforming use may not be extended within
a building or structure enlarged or added to in any manner. (Adopting Ord. 92-20, passed 9-
28-92) (Ord. 87-36, passed 1-25-88)


~ 150.191 Nonconforming Change Prohibited
The use of a nonconforming building or structure may be changed only to a use conforming to
the district in which the building or structure is located, and only if approved by the Planning
Commission, after a public hearing. Thereafter it shall not be changed back to the former
nonconforming use. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.192 Moving Nonconforming Structure

A nonconforming building or structure may be moved to a different location on the same lot or
other parcel of land within the district, with approval of the Planning Commission, after a
hearing, and provided proper and adequate alterations are scheduled to make the building or
structure conform to the regulations of the district where it is to be located. (Adopting Ord. 92-
20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.193 Nonconforming Parking Facilities

A building, use or structure existing lawfully at the time this Zoning Code or any amendment
thereto became effective, but which does not conform with the off-street parking or off-street
loading regulations, may be occupied by the existing use without such parking and/or loading
facilities being provided; however, any parking spaces that may be provided thereafter shall
comply with the regulations set forth in Sections 150.240 through 150.250. (Adopting Ord. 92-
20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.194 Nonconforming Due to Amendments
The foregoing provisions of this subchapter shall also apply to buildings, structures, land or
other uses hereafter becoming nonconforming as a result of future reclassification of districts
or other amendments made to this Zoning Code.
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                               Village of Swanton, Ohio 2010
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

                                      Home Occupations

~ 150.205 Statement of Purpose

It is the intent of this chapter to eliminate as home occupations all uses except those that
conform to the standards set forth in this subchapter. The standards for home occupations in
this subchapter are intended to insure compatibility with other permitted uses and with the
residential character of the neighborhood, plus a clearly secondary or incidental status in
relation to the residential use of the main building as the criteria for determining whether a
proposed accessory use qualifies as a home occupation.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.206 Definition

A home occupation is an accessory use of a dwelling unit, conducted entirely within the
dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit,
and have no persons employed other than the resident and domestic help. The use is clearly
incidental and secondary to the use of the dwelling for residence purposes and does not
change the character thereof or adversely affect the uses permitted in the residential district of
which it is a part. There shall be no outside storage of any kind; and any indoor storage,
construction, alteration, or electrical or mechanical equipment used shall not change the fire
rating of the structure or the fire district in which the structure is located. The use may
increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It
shall not cause an increase in the use of one or more utilities (water, sewer, electricity,
telephone, or garbage) so that the combined total use for dwelling and home occupation
purposes of the one or more utilities exceeds the average for residences in the neighborhood.
When a use is a home occupation, it means that the owner, lessee, or other persons who
have a legal right to the use of the dwelling unit also have the vested right to conduct the
home occupation. However, such person shall be subject to all conditions which are applied in
this Zoning Code. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.207 Necessary Conditions

Home occupations are permitted accessory uses in residential zones only so long as all the
following conditions are observed:

  A.   Such occupations shall be conducted solely by resident occupants in their residence.
  B.   No more than one room or 25% of the gross area of one floor of said residence,
       whichever is less, shall be used for such purpose. Use of accessory buildings for these
       purposes is prohibited.
 C.    No use shall require internal or external alterations or involve construction features or
       the use of electrical or mechanical equipment that would change the fire rating of the
       structure or the fire district in which the structure is located.



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                                   Village of Swanton, Ohio 2010
 D.    No home occupation will cause an increase in the use of any one or more utilities
       (water, sewer, electricity, telephone, garbage, etc.) so that the combined total use for
       dwelling and home occupation purposes exceeds the average for residences in the
       neighborhood.

  E.   There shall be no outside storage of any kind related to no more than one additional
       vehicle at a time.

  F.   The use may increase vehicular traffic flow and parking by no more than one additional
       vehicle at a time.

 G.    No use shall create noise, dust, vibration, smoke, glare, electrical interference, fire
       hazard, or any other hazard or nuisance to any greater or more frequent extent than
       that usually experienced in an average residential occupancy in the district in question
       under normal circumstances wherein no home occupation exists.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.208 Nameplate Allowed

Only one nameplate shall be allowed. It may display the name of the occupant and/or the
name of the home occupation (e.g. John Jones, Realtor). It shall not exceed one square foot
in area, shall be non- illuminated, and attached flat to the main structure or visible through a
window. The limitation of one nameplate is intended to apply to all lots, including corner lots.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.209 Permitted Home Occupations

Home occupations include, but are not necessarily limited to the following:

 A.    Artists and sculptors;
 B.    Authors and composers;
 C.    Dressmakers, seamstresses, and tailors;
 D.    Family day care home, limited to not more than six children;
 E.    Home crafts, such as model making, rug weaving, lapidary work, and cabinet making;
 F.    Office facility of a minister, rabbi, or priest;
 G.    Office facility of a salesman, sales representative, or manufacturers' representative,
       provided that no retail or wholesale transactions are made on the premises;
  H. Office facility of an architect, artist, broker, dentist, physician, engineer, instruction in
       arts and crafts, insurance agent, land surveyor, lawyer, musician, or real estate agent;
   I. Bakers and caterers, whereby food is prepared on site but not served on site;
  J. Single chair barber or beauty shops where the operator resides at the residence;
  K. Computer operations, whereby the resident conducts the work within the home and not
       at a place of business;
   L. All other home occupations as permitted by the Planning Commission;
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)



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                                Village of Swanton, Ohio 2010
~ 150.210 Home Occupations Not Permitted

Permitted home occupations shall not in any event be deemed to include the following:

 A.   Antique shop, unless specifically allowed as a conditional use;
 B.   Barbershop or beauty shop, consisting of more than one chair;
 C.   Funeral chapel or funeral home;
 D.   Gift shop;
 E.   Medical or dental clinic or hospital;
 F.   Renting of trailers;
 G.   Animal hospitals;
 H.   Dancing schools;
  I.  Nursery schools;
 J.   Private clubs;
 K.   Auto repair shops;
 L.   Other repair shops or service establishments, except the repair of electrical appliances,
      typewriters, cameras, or other similar small items;
 M. Kennels.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.211 Conditional Use Permit

The Planning Commission may grant a conditional use permit as set forth in Section 150.301
for a home occupation under the following circumstances:

  A.   The Zoning Inspector shall review all applications for appropriateness before submittal
       to the Planning Commission.

  B.   A conditional use permit may be granted if a change in zoning classification would be
       more detrimental to the area than the proposed use itself. (Example: spot zoning)

 C.    The Planning Commission may establish other requirements as necessary under each
       individual proposed use.

 D.    A change in said ownership of the granted home occupation conditional use shall nullify
       the conditional use.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

                                     Essential Services

~ 150.225 Intent
Provision for essential services requirements are established in order to achieve, among
others, the following purposes:

  A.   To provide a reasonable assurance that right-of-way, easement or other spaces will be
       available for the installation, placement, erection, or construction of utility systems;

  B.   To provide for the alteration and maintenance of such utility systems;

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                               Village of Swanton, Ohio 2010
  C. To promote the general convenience, welfare, and prosperity of business, service,
       research, production and manufacturing developments and convenience to residences,
       all of which depend upon essential services.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.226 Scope of Regulations

The extent of these provisions is to make possible the locating of essential services in any
district. Said essential services shall include:

  A.   Facilities of public utilities, municipal departments or commissions;

  B.   Locations underground, on the surface, or overhead;

 C.    Conveyances for gas, electrical, steam wastes, or water;

 D.    The facilities may include collection, storage, transmission or distribution systems;

  E.   The components of such facilities may include: mains, drains, sewers, pipes, conduits,
       wires, cables, fiber optics, fire alarm boxes, police call boxes, traffic signals, hydrants,
       poles and other similar equipment, and accessories in connection therewith, including
       telecommunication towers as permitted within this code.

  F.   All of the aforementioned being reasonably necessary for the furnishing of adequate
       service by such public utilities, municipal departments, commissions, or for the public
       health, convenience, safety or general welfare.

 G.    All proposed essential services shall be reviewed and approved by a professional
       engineer selected by the Planning Commission and or the Village Administrator as
       authorized by the Swanton Village Council. (Adopting Ord. 92-20, passed 9-28-92)
       (Ord. 87-36, passed 1-25-88)


                                Parking and Loading Facilities

~ 150.240 Intent
Off-street parking and loading requirements and regulations are established in order to
achieve, among others, the following purposes:

  A.   To relieve congestion so the streets can be utilized more fully for movement of
       vehicular traffic;

  B.   To promote the safety and convenience of pedestrians and shoppers by locating
       parking areas so as to lessen car movements in the vicinity of intensive pedestrian
       traffic;

 C.    To protect adjoining residential neighborhoods from on-street parking;


                                                248
                               Village of Swanton, Ohio 2010
 D.    To promote the general convenience, welfare, and prosperity of business, service,
       research, production and manufacturing developments which depend upon off-street
       parking facilities; and

  E.   To provide regulations and standards for the development of accessory off-street
       parking and loading facilities in accordance with the objectives of this Zoning Code.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.241 Scope of Regulations

Accessory off-street parking and loading facilities shall be provided as a condition precedent to
occupancy of all residential, institutional, business, office, research, production, service and
industrial uses in conformance with the provisions of this subchapter.

  A.   Whenever a building is constructed or a new use established.

  B.   Whenever an existing building is altered and there is an increase in the number of
       dwelling units, seating capacity, the floor area of buildings.

 C.    Whenever the use of an existing building is changed to a more intensive use which
       requires more off-street parking facilities, except certain nonconforming uses may
       continue as provided in Sections 150.185 through 150.194.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.242 Measurement of Parking and Loading Units

For the purpose of determining the off-street parking and loading facilities required as
accessory to use, definitions and standards are established as follows:

  A.   Off-street parking space shall mean an open or enclosed area directly accessible from
       a public street for parking of automobiles of owners, occupants, employees, customers,
       or tenants of the main use. Each space shall be directly accessible from a drive or
       aisle, and not less than nine feet wide by 20 feet long, exclusive of all drives, aisles,
       ramps, and turning space;

  B.   Floor area used in determining parking requirements shall mean the total area of all
       floors of the building used by the principal activity as specified in Section 150.244,
       measured from the exterior faces of the building. The areas used for storage or
       otherwise not occupied by people may be excluded from the floor area calculation if
       approved by the Planning Commission;

 C.    Gross floor area used in determining loading requirements means the total floor area
       used for the main and accessory activities, and storage area of the building served;

 D.    Seating capacity means the number of seating units installed or indicated on plans for
       places of assembly; where not indicated on plans, it shall be assumed that a seating
       unit will occupy six square feet of floor area exclusive of all aisles.

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                                Village of Swanton, Ohio 2010
  E.   Whenever the parking requirements are based on employees, it shall mean the
       maximum number of employees on duty on the premises at one time or on any two
       successive shifts, whichever is the greater.

  F.   Off-street loading space shall mean an open space or enclosed area as part of a
       building, directly accessible to a public street and available whenever needed for the
       loading or unloading of goods and products to the main use.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.243 Application and Design

Any application for a permit to construct a building or parking area, or for a certificate of
occupancy for a change in use of land or a building shall include a site plan drawn to scale
and fully dimensioned, showing the proposed design of the parking area and loading facilities
to be provided in compliance with the provisions of this subchapter. The site plan shall also
include a storm water management plan for all parking areas. Stormwater calculations,
including detention plans, shall be submitted for review to the Planning Commission, Village
Engineer, and Village Administrator. No permit shall be issued until an adequate storm water
management plan has been approved. See Sections 150.400-150.406 Site Plan Review.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.244 Schedule of Parking Requirements

Accessory off-street parking facilities shall be provided in quantities not less than set forth in
the following schedule:

BUILDING AND USE                                      MINIMUM SPACES REQUIRED

  A.   RESIDENTIAL

  1.   One-family dwelling ................................2 spaces per dwelling unit
  2.   Two-family dwelling ................................2 spaces per dwelling unit
  3.   Townhouse.............................................2 spaces per dwelling unit
  4.   Apartment...............................................2 spaces per dwelling unit
  5.   Hotels/motels                                           1 space per guest room plus 1 space
                                                               for each employee

  B.   MANUFACTURED HOME......................2 spaces per manufactured home space

  C.   COMMUNITY FACILITIES

  1.   Governmental: Municipal, county, ........1 space per 200 sq. ft. of floor area
       state, and federal buildings, principally used by the public plus 1 space for
       administrative functions.
                                                  Each 2 employees.

  2.   Civic: Libraries, museums, ....................1 space per 500 sq. ft. (+)

                                                    250
                            Village of Swanton, Ohio 2010
     churches, clubs and community centers.

3.   Educational: Primary and secondary.....1 space per 1,000 sq. ft. (+)
     public, private schools.

4.   Places of assembly: Auditoriums, ........1 space per four (4) seats
     lodge halls, gymnasiums and stadiums.

5.   Health and welfare:
     a. General and special hospitals ...........1 space per 500 sq. ft.
     b. Institutions for children ......................1 space per 1,000 sq. ft.
     c. Medical clinics ...................................1 space per 200 sq. ft. plus 1 space per
     each doctor and 1 space for each employee.


C.    COMMUNITY FACILITIES (continued)

      BUILDING AND USE                                 MINIMUM SPACES REQUIRED

      Recreation:
     a. Skating rink, swimming pools ............1 space per 500 sq. ft. of area devote
     to the activity or 1 space per 2 members.
     b. Playfields ...........................................1 space per 4,000 sq. ft. of playfield area plus
     1 space per 4 seats in assembly room.

D.   BUSINESS AND OFFICES
     (including home professional offices & home occupations)

1.   Retail stores and services:
     a. Less than 4,000 sq. ft. per unit ..........6 spaces per 1,000 sq. ft.
     b. 4,000 sq. ft. per unit or greater ..........5 spaces per 1,000 sq. ft.

2.   Offices:
     Medical and dental offices......................1 space per 250 sq. ft.
     Other offices; first floor and above.

3.   Mortuaries ..............................................1 space for each 50 sq. ft. of parlors

4.   Places of assembly, theaters, halls, arenas               (+) see notation below

5.   Commercial recreation:
     a. Open commercial amusement .........1 space per 500 sq. ft. of lot area
     b. Bowling alleys ...................................5 spaces per lane

E.   SERVICE AND MANUFACTURING

1.   Wholesale, distribution, laboratories, .....1 space per 2 employees
     general services, machine shops and
     similar establishments
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                                   Village of Swanton, Ohio 2010

  2.   Manufacturing plants ..............................1 space per 2 employees

  F.   AMERICAN DISABILITIES ACT (A.D.A.) REQUIREMENTS
       There shall be provided for all business, institutional and industrial uses, a minimum of
       1 handicapped parking space per every 25 spaces. The parking space shall meet all
       A.D.A. design requirements.

 G.    OTHER BUILDINGS OR USES
       For specific building or uses not scheduled above, the Planning Commission shall
       apply the unit of measurement set forth in the above schedule which is deemed to be
       most similar to the
       proposed building or use.

      (+) For the assembly parts of the building, 1 space per each 4 seats, or 1 space for
      each 6 square feet of assembly floor area should be added.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.245 Modification of Requirements

  A.   Public Facilities Available. The required spaces as determined by the above schedule
       and standards may be modified by the Planning Commission in a Central Business (B-
       3) District area where free parking areas or publicly owned parking areas are readily
       accessible and where land is not available for development of accessory off-street
       parking as required herein.

  B.   Parking for Single and Mixed Uses. A building occupied by one use shall provide the
       off-street parking spaces as required for the specific use. A building, or group of
       buildings, occupied by two or more uses, operating normally during the same hours,
       shall provide spaces for not less than the sum of spaces required for each use. For a
       large unit development of business uses, such as a shopping center, spaces shall be
       provided for the total area of the building or buildings as set forth in Section 150.244
       instead of the requirements based on each separate use.

 C.    Joint Use of Parking Facilities. Churches, civic clubs, community centers, auditoriums,
       lodge halls, gymnasiums and stadiums may make arrangements with business
       establishments which normally have different hours of operation for sharing up to 50%
       of their parking requirements in adjacent parking areas which are accessory to such
       business uses. All joint parking facility use agreements must be in writing and be
       approved by the Planning Commission prior to the initiation of such joint parking
       arrangements. Should any of the uses sharing parking with another business use be
       changed or their facilities discontinued, then the required spaces for the use or uses
       remaining shall be provided elsewhere as a condition precedent to the continued use of
       said building or buildings.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)




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                                 Village of Swanton, Ohio 2010
~ 150.246 Continuation of Facilities

  A.   Off-street parking and loading facilities accessory to an existing use on the effective
       date of this Zoning Code, and those required as accessory to a use created or a
       building constructed or altered thereafter, shall be continued and maintained in
       operation, and shall not be used as automobile sales, service or repair of motor
       vehicles, and shall not be reduced below the requirements of this Zoning Code during
       the period that the main use is maintained, unless an equivalent number of spaces
       shall be provided for said use in another approved location.

  B.   Whenever parking facilities are permitted on land other than the zoning lot on which the
       building or use served is located, such facilities shall be in the same ownership of the
       zoning lot occupied by the building or use to which the parking facilities are accessory.
       Such ownership shall be by deed or a long-term agreement lease, whereby the owner
       of the land on which the parking facilities are to be located shall be bound by a
       covenant filed and recorded in the office of the County Recorder of Fulton or Lucas
       County, requiring each such owner, his heirs, or assigns to maintain the required
       number of parking facilities for the duration of the use served as a condition to the
       continuation of such use.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.247 Location of Parking Facilities

  A.   Accessory parking facilities shall be provided at locations as set forth herein except as
       may be modified in Section 150.245.

         1.    Residential Districts and Uses. Accessory, enclosed or open parking facilities
               as required shall be provided on the same lot as the dwelling unit served.

                 a.   In multifamily districts, parking facilities shall be provided within a walking
                      distance of 200 feet of the building entrance of the unit to be served.
                 b.   In one and two-family residential districts one truck, which is used solely
                      by the occupant and does not exceed one ton in rated capacity, may be
                      stored on the lot.
                 c.   All residential driveways installed or altered after the effective date of this
                      section shall be a minimum width of twelve (12) feet and shall be asphalt,
                      concrete, or masonry type material. Stone or gravel is not considered a
                      masonry type material (Adopting Ord. 2005-18, passed 1-9-2006).
                 d.   Parking of any vehicle, trailer, or watercraft shall not be permitted in the
                      required front yard of any residential property except on an established
                      parking strip, parking apron, driveway, and/or garage (Adopting Ord.
                      2005-18, passed 1-9-2006).

          2.     Civic Uses and Places of Assembly. Where churches, civic clubs, community
                      centers, auditoriums, lodge halls, gymnasiums and stadiums share
                      parking facilities with adjacent business establishments, such parking
                      facilities shall be located within a walking distance of not more than 250
                      feet from the entrance of the main building of said use. For all non-

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                                Village of Swanton, Ohio 2010
                    residential uses, driveways shall be a minimum width of twenty-two (22)
                    feet. All
                    parking areas and driveways shall be asphalt, concrete, or masonry type
                    material. Stone or gravel is not considered a masonry type material
(Adopting Ord. 2005-18, passed 1-9-2006).

           3.   Business and Office Uses. Accessory parking facilities shall be provided on
                    the same lot as the main use served in the Central Business District,
                    except where modified by the Planning Commission in accordance with
                    the provisions of Section 150.245. In such cases the nearest point of the
                    parking lot shall be located within a walking distance of not more than
                    250 feet from the main entrance of the building served. For all non-
                    residential uses, driveways shall be a minimum width of twenty-two (22)
                    feet. All parking areas and driveways shall be asphalt, concrete, or
                    masonry type material. Stone or gravel is not considered a masonry type
                    material
(Adopting Ord. 2005-18, passed 1-9-2006).


  B.   A parking area serving the uses covered in this section shall be further regulated in
       relation to any adjoining residential district lines as set forth in Section 150.136.
(Adopting Ord. 92-20, 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.248 Loading Facilities

Accessory loading and unloading facilities shall be provided prior to the occupancy of all
business, service and industrial buildings hereafter erected and altered, and shall be
maintained as long as such building is occupied or unless equivalent facilities are provided in
conformance with the regulations of this subchapter.

  A.   Allocation of Use. Space required and allocated for any off-street loading facility shall
       not, while so allocated, be used to satisfy the space requirements of off-street parking.
       An off-street loading space shall not be used for repairing or servicing of motor
       vehicles.

  B.   Location of Facility. All required accessory facilities shall be related to the building and
       use to be served to provide for loading and off-loading of delivery trucks and other
       service vehicles and shall be so arranged that they may be used without blocking or
       otherwise interfering with the use of access driveways, parking facilities, public streets
       or sidewalks. A required loading space shall not be located in a required front yard, or a
       required side or rear yard if adjoining a residential district. If a loading space is entirely
       enclosed, it may be located in such side or rear yard if approved by the Planning
       Commission.

 C.    Access Driveways. Each required off-street loading space shall be designed for direct
       vehicular access by means of a driveway, or driveways, to a public street in a manner
       which will least interfere with adjacent traffic movement and shall be located so that the
       driveway center line shall not be less than 100 feet from the nearest intersecting street
       right-of-way line.

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                                  Village of Swanton, Ohio 2010
  D. Minimum Size Criteria. A required off-street loading space shall be at least 14 feet
       wide by at least 30 feet in length. The above area shall be exclusive of the
       maneuvering space, and each loading facility shall have a vertical clearance of at least
       10 feet.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.249 Schedule of Required Loading Facilities

Accessory off-street loading spaces shall be provided as required for the following uses:

                           Gross Floor Area of Building         Required Number
           Use                       (sq. ft.)                     of Spaces

Retail store (all types)       3,000 to 20,000 sq. ft.                   1
                               20,000 to 50,000 sq. ft.                  2
                               50,000 to 100,000 sq. ft.                 3

Printing, publishing           3,000 to 40,000 sq. ft.                   1

Warehouse, storage             40,000 to 100,000 sq. ft.                 1
establishments

Services, cleaning,         3,000 to 40,000 sq. ft.                      1
repairing, testing, or      40,000 to 100,000 sq. ft.                    2
manufacturing establishments                               each additional 100,000 sq. ft. 1
additional space

(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.250 Approval of Facilities

Detailed drawings of accessory off-street parking and loading facilities shall be submitted in
accordance with all the provisions of this subchapter for review by the Planning Commission.
The Planning Commission may require structural or landscape features such as bumper
guards, curbs, walls, fences, shrubs, ground cover, or hedges to further carry out the
objectives of this Zoning Code before an application is approved and a zoning permit or
certificate of occupancy may be issued. See Sections 150.400-150.406 Site Plan Review.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


                                       Sign Regulations


~ 150.260 Intent

Sign regulations, including provisions to control the type, design, size, location, motion,
illumination, replacement and maintenance thereof are established in order to achieve, among
others, the following purposes:
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                                  Village of Swanton, Ohio 2010
  A.   To maintain high value residential districts and promote attractive public facilities, by
       permitting only nameplates, bulletin boards and signs related to the development,
       rental or sale of properties in such districts;

  B.   To provide reasonable, yet appropriate, conditions for advertising goods sold or
       services rendered in business districts by relating the size, number, type, and design of
       signs to the type of establishments;

 C.    To eliminate any conflict between advertising signs and traffic-control signs which
       would be hazardous to the safety of the motoring public or pedestrians;

 D.    To control the design of signs so that their appearance will be aesthetically harmonious
       with an overall urban design for the area; and

  E.   To promote the most desirable developments and economic activity in accordance with
       the objectives of this Zoning Code.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.261 General Provisions

Signs shall be designed, erected, altered, reconstructed, moved, and maintained, in whole or
in part, in accordance with the type, design, size, location, illumination and other provisions set
forth in this subchapter.

  A.   The display of official public notices, the U.S. or any state flag, emblem or insignia of an
       official governmental body shall not be governed by the provisions of these regulations.

  B.   Special event signs that do not conform to the zoning code for temporary public
       gatherings and holiday decorations shall be governed by the provisions of these
       regulations and will be reviewed on an individual basis by the Village Administrator.
       Banners, flags or pennants for special events which will be placed over public right-of-
       ways must be approved by the Village Administrator. Publicly owned signs, such as
       traffic-control signs and directional signs are exempt.

 C.    Political and ideological signs shall not be greater than twelve (12) square feet in sign
       area and may not be located in nor closer than ten (10) feet to any public right-of-way.
       Political and ideological signs shall be exempt from the application and permit process
       and are allowed in all zoning districts (Adopting Ord. 2003-19, passed 6-9-03).

 D.    Setback. All signs shall be located ten (10) feet behind the established right-of-way line
       of any street or highway.

  E.   Illumination of Signs. Light sources to illuminate signs shall be shielded from all
       adjacent residential buildings and streets and shall not be of such brightness as to
       cause glare hazardous to pedestrians or auto drivers or so as to cause reasonable
       objection from adjacent residential districts. No flashing signs shall be permitted.



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                                 Village of Swanton, Ohio 2010
  F.   Signs advertising garage sales, porch sales, house sales, and familiar type sales in
       residential areas shall be erected only three days before said sale and shall be
       removed within three days after said sale.

 G.    No building wall shall be used to display advertising except that pertaining to the use
       carried on within such building.

 H.    No signs shall be placed on or above the roof of any building except in cases where
       approved by the Planning Commission as a variance when it is determined by the
       Commission a roof sign would be the only means of adequate identification.

  I.   Billboards and portable signs shall not be permitted in any zoning district. Temporary
       freestanding signs, such as, but not limited to "A”-frame or trailer-based signs, shall be
       permitted in business districts for up to thirty (30) days from the date of opening of new
       businesses, provided that they do not constitute a traffic hazard or violate any other
       section of this Zoning Code.

  J.   Public Areas. No sign shall be permitted which is placed on any curb, sidewalk, post,
       pole, public or private utility appurtenance, hydrant, bridge, tree or other surface located
       on public property or over or across any street or public thoroughfare, easement or
       right-of-way except as may otherwise expressly be authorized by this Zoning Code.
       Unauthorized signage in public areas is subject to immediate removal by the Village of
       Swanton. (Amending Ord. 2005-18, passed 1-9-2006).

  K.   Banners.

         1.   Banners, flags, pennants, search lights, twirling signs, sandwich board signs,
              sidewalk or curb signs, balloons or other gas-filled figures shall not be used on a
              permanent basis.

         2.   Signs described in division (K)(1) above shall be permitted at the opening of a
              new business in a commercial or industrial district for a total period not to
              exceed thirty (30) days. Banners, flags, and pennants shall be allowed in
              residential districts in conjunction with a demonstration of model homes in a new
              subdivision conducted by a realtor for two (2) days before the opening of such
              demonstration to two (2) days after and not to exceed a total period of thirty (30)
              days in any calendar year.


         3.    Signs described in division (K)(1) above shall be permitted at special events of a
               civic or philanthropic nature upon application to and approval by the Village
               Administrator.
              (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.262 Definitions

For the purpose of this subchapter the following definitions shall apply unless the context
clearly indicates or requires a different meaning.

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                                Village of Swanton, Ohio 2010
Billboard. A large, freestanding, advertising structure located along a main public street or
road designed to attract the attention of passing motorists to a business or product location
available on a different site.

Bulletin Board. A sign which directs attention to the name of a business establishment, the
goods or commodities sold, or services rendered, on the lot on which the sign is located. This
includes church bulletin boards.

Canopy Sign. A sign attached to the soffit or facia of a canopy, of a covered entrance or
walkway, or to a permanent awning or marquee.

Directional Sign. A sign which indicates the distance or direction, or both, to a place of
business or other premises indicated on the sign.

Ground Sign. Any sign, other than a pole sign, placed upon or supported by the ground
independent of any other structure.

Holiday Decoration Sign. A temporary sign, in the nature of decorations, clearly incidental to
and customarily and commonly associated with the celebration of national, local or religious
holidays.

Ideological and Noncommercial Sign. A sign which does not name or advertise a product,
service or business, but only expresses a viewpoint, noncommercial message, opinion or idea.
This includes commemorative plaques, historic markers, holiday decorations, political signs,
political or fraternal flags or emblems, or protective signs which are commonly associated with
safeguarding the permitted uses of a premise, including but not limited to vicious dog, no
trespassing, neighborhood watch, and authorized parking only signs.

Nameplate. A sign indicating the name, address or the profession of the person or persons
occupying the lot or a part of a structure or building.

Nonconforming Sign. Any sign lawfully existing on the effective date of an ordinance, or an
amendment thereto, which renders such sign nonconforming because it does not conform to
all the standards and regulations of the adopted or amended ordinance.

Pole Sign. A sign which is supported wholly by a pole or poles and designed so as to permit
pedestrian or vehicular traffic underneath; and supported independently from any building or
other structure on the lot.

Political Sign. A temporary sign announcing or supporting political candidates or issues in
connection with any national, state or local election.

Portable Sign. A sign which is designed to be portable and is not permanently attached to
any part of a building.

Projecting Sign. A sign that is wholly or partly dependent upon a building for support and
which projects more than 12 inches from such building.


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                                  Village of Swanton, Ohio 2010
Project Sign. A sign which directs attention to the promotion, development, and construction
of the property on which it is located and which identifies the architects, engineers, contractors
and other individuals or firms involved with the construction.

Real Estate. A sign pertaining to the sale or lease of the premises, or a portion of the
premises, on which the sign is located.

Roof Sign. A sign erected upon and located completely above the roof of a building.

Sign. Any display, figure, painting, drawing, placard, poster, or other device visible from a
public way which is designed, intended or used to convey a message, advertise, inform or
direct attention to a person, institution, organization, activity, place, object or product. It may
be a structure or part thereof printed or attached directly or indirectly on a structure.

Sign Area. The entire face of a sign including the advertising surface and any framing, trim,
or molding, but not including the supporting structure. (Note: The frame is considered part of
the sign area.)

Special Event Sign. Any sign erected for the purpose of announcing a special event or
function which is of general interest to the community.

Subdivision Sign. Any sign identifying the name of a residential, commercial, or industrial
subdivision.

Temporary Sign. A sign of any type to announce special events or sales; to announce the
sale, lease, or rental of property; and designed for use for a limited period of time.

Wall Sign. A sign fastened to or painted on the wall of a building or structure in such a manner
that the wall becomes the supporting structure for, or forms the background surface of the sign
and which does not project more than twelve (12) inches from such building or structure.

Window Sign. A sign painted, attached or affixed to the interior or exterior surface of
windows or doors of a structure or building.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.263 Design Standards

Signs, as permitted in the various use districts, shall be designed so as to be similar in
character with regard to materials, color and size to signs designed or located on the same
building and on adjoining buildings in order to equalize the attention they are meant to attract,
and to produce an overall unified effect and in accordance with the standards set forth in this
subchapter.

  A.   Wall or Panel Signs.

         1.    In a commercial or industrial district, each business or industry shall be
               permitted one wall sign for each face of the building facing the street.

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                               Village of Swanton, Ohio 2010
       2.   Wall or panel signs shall be limited to displaying only the name of the owners,
            trade names and symbols, and principal products sold or activity conducted on
            the premises. Display on such signs which can clearly be construed as
            advertising for specific name brand products are prohibited.

       3.   Wall or panel signs shall not project more than twelve (12) inches from the
            structure or building wall to which it is attached and shall be set back from the
            end of the building and party wall lines for a distance of at least three (3) feet
            and shall not project beyond any corner or above the coping or eaves of any
            structure or building.

B.   Projecting Signs.

       1.   In a commercial or industrial district, each business or industry shall be
            permitted one projecting sign for each face of the building facing a street.

       2.   Projecting signs shall be limited to displaying only the name of the owners, trade
            names and symbols and principal products sold or activity conducted on the
            premises. Display on such signs which can clearly be construed as advertising
            for specific brand name products are prohibited.

       3.   Projecting signs may be attached to the structure or building wall or canopy and
            project at an angle of approximately ninety (90) degrees from a distance of not
            more than five (5) feet or project over the cornice line more than one-third of the
            total height of the sign. Projecting signs shall be located not less than five (5)
            feet from a party wall and the lowest member of a projecting sign shall be at
            least ten (10) feet above a public sidewalk and sixteen (16) feet above any drive.
            Signs shall not project into any sidewalk or dedicated public right-of-way.

       4.   No swinging projecting signs shall be permitted. Signs shall be fastened
            securely so that movement in all directions is prevented.

C.   Ground Signs. Ground signs shall be limited to displaying only the name of owners,
     trade names and symbols, and principal products sold or activity conducted on the
     premises. Display of such signs which clearly can be construed as advertising for
     specific brand names are prohibited. No such sign shall be placed so as to materially
     restrict visibility from intersecting streets, alleys, or driveways.


D.   Pole Sign.

       1.   One pole sign may be located within a required yard of a commercial or
            industrial lot.

       2.   The bottom of the sign face shall be not less than ten (10) feet above sidewalk
            grade and not less than sixteen (16) feet above grade where vehicular access is
            required; and no part of the sign shall project over any sidewalk or dedicated
            public right-of-way.


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                              Village of Swanton, Ohio 2010
E.   Canopy Signs. Where a canopy sign is attached to the soffit or facia of a canopy over
     a walkway the vertical dimensions of the sign shall not exceed twelve (12) inches and
     the lowest structural member shall be not less than ten (10) feet above sidewalk grade.

F.   Roof Signs. Signs placed on or above the roof of any building shall not be permitted
     except by approval of the Planning Commission as a variance when it is determined by
     the Commission that a roof sign would be the only means of adequate identification
     and when the following regulations are complied with.

              1.   No signboard shall be placed on the roof of any building so as to prevent
                   the free passage from one part of the roof to any other part or interfere
                   with any openings thereon. No signboard shall project beyond the edge
                   of the roof in any direction and if over four (4) feet in height shall be so
                   constructed as to leave a clear space of at least six (6) feet between the
                   roof level and the lowest part of the sign and at least five (5) feet
                   clearance between the vertical supports. Every roof sign over four (4)
                   feet in height shall be set back at least five (5) feet from the face of any
                   front, rear, or side wall.

              2.   If the roof sign is illuminated, lighting reflectors may project six (6) feet
                   beyond the building line.

              3.   Signs shall be designed to withstand a wind pressure of thirty (30)
                   pounds per square foot of area subject to such pressure.

              4.   Roof sign structure may be erected upon fireproof buildings to a height of
                   not exceeding fifty (50) feet above the street level and upon non fireproof
                   buildings to a height not exceeding thirty (30) feet above street level.

              5.   For signs over four (4) feet above the roof, the portion of such structure
                   covered and exposed to wind pressure shall not exceed one-third (1/3) of
                   the total area thereof. All such signs shall be thoroughly secured to the
                   building upon which they are installed, erected or constructed by iron or
                   metal anchors, bolts, supports, chains, stranded cables, steel rods, or
                   braces.

              6.   Every roof sign and all supports, braces, guys and anchors shall be kept
                   in repair and unless galvanized, shall be thoroughly and properly painted
                   at least once every two (2) years. The Building Inspector and Zoning
                   Inspector may order the removal of any sign which is not maintained in
                   accordance with these conditions.

              7.   In no case shall any roof sign for any single business or industrial
                   enterprise exceed three (3) square feet per lineal feet of occupied
                   building frontage with a maximum of one hundred fifty (150) square feet.

              8.   Roof signs, when approved, shall be in lieu of wall signs.



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                                  Village of Swanton, Ohio 2010
 G.    Vertical Clearance. The lowest member of all signs which project or are supported on
       posts, shall be not less than ten (10) feet above the finished grade of a sidewalk or any
       other pedestrian way; and if located over a pavement used for vehicular traffic, the sign
       shall be not less than sixteen (16) feet above the finished pavement.

 H.    Relation to Openings. Signs shall not project over or obstruct the required windows or
       doors of any structure or building, and shall not be attached to or obstruct a fire escape
       or interfere with other safety provisions as may be further related to other codes.

  I.   Relation to Traffic Devices. Signs shall not be erected so as to obstruct "sight lines"
       along any public way, traffic-control lights, street name signs at intersections, or street
       sight lines or signals at railroad grade crossings. Signs visible from the sight lines
       along a street shall not contain an arrow or words such as "stop", “go", "slow” etc., and
       the movement content, coloring or manner of illumination shall not resemble traffic
       signs or lights. Flashing or moving illumination shall be permitted only by approval of
       the Planning Commission.

  J.   Entrance and Exit Signs. In all districts, all parking lots having spaces for four (4) or
       more cars or containing drive-in type car service may have entrance and exit signs.
       Such signs shall not exceed six (6) square feet on any face and shall not display
       directional information and conditions of use.

 K.    Permanent Window Signs. Except in residential zones, for each ground floor
       occupancy of a building, not more than two (1) permanent signs may be painted on or
       otherwise displayed from the inside surface of any window, showcase, or other similar
       facility. Such signs shall be in addition to those signs permitted under the other
       provisions of this Zoning Code. The total copy area of such signs, however, shall not
       exceed a maximum of twenty-five percent (25%) of the total window area.

  L.   Schedule of Regulations – The following area, height, bulk, and sign types permitted in
       commercial or industrial districts:

         1.   In any commercial or industrial district each business shall be allowed a
              maximum of one of the following sign combinations:

                a.   One projecting, and one wall or panel;
                b.   One pole or ground, and one wall or panel;
                c.   One window, and one wall or panel or projecting;
                d.   One sign for each face of the building facing the street if the sign is a wall
                     or panel, or projecting sign.

         2.  If more than one business is located in one building, only one pole or ground
             sign shall be permitted per building. Separate protruding signs may be
             permitted in lieu of a joint pole or ground sign.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)




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Village of Swanton, Ohio 2010




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Village of Swanton, Ohio 2010




            264
                                 Village of Swanton, Ohio 2010
~ 150.264 Application for Permit and Fees

 A.   The application for a sign permit shall be made by the owner or tenant of the property
      on which the sign is to be located, or his authorized agent, or sign contractor. Such
      application shall be made in writing on forms furnished by the Administrator and shall
      be signed by the applicant.

        1.    A sign permit shall be required for all permanent signs and each application
              shall be accompanied by a drawing (to scale), showing the following:

                a.   The design and layout proposed, including the total area of the sign, the
                     size, character, materials, and color of letters, lines and symbols;
                b.   The method of illumination, if any;
                c.   The exact location of the sign in relation to the structure of building and
                     property;
                d.   Details and specifications for construction, erection, and attachment as
                     may be required by the Zoning or State Building Code.

 B.   Issuance: Denial.

        1.    The Administrator shall issue a permit for the erection, alteration or relocation of
              a sign within the village when an application has been properly made and the
              sign complies with all appropriate laws and regulations of the village.

        2.    The Administrator may, in writing, suspend or revoke a permit issued under
              provisions of this section whenever the permit is issued on the basis of
              misstatement of fact or fraud. When a sign permit is denied by the
              Administrator, he shall give written notice of the denial to the applicant, together
              with a brief written statement of the reasons for the denial.

 C.   Effect of Issuance. No permit for a sign issued hereunder shall be deemed to
      constitute permission or authorization to maintain an unlawful sign nor shall any permit
      issued hereunder constitute a defense in any action to abate an unlawful sign.

 D.   Fees.

        1.    A fee of $.50 per square foot of sign area shall accompany each application
              provided that the minimum fee shall be $5.

        2.    When any sign is installed on any property prior to obtaining all necessary
              permits, the normal fee for that sign shall be doubled. The late fee shall not
              relieve the owner of the sign from complying with all other provisions of this
              Zoning Code. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-
              88)


~ 150.265 Maintenance of Signs

 A.   Maintenance

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                               Village of Swanton, Ohio 2010
       1.   All signs and sign structures shall be maintained in a safe and attractive
            condition. Signs which no longer serve the purpose for which they are intended,
            or which have been abandoned or are not maintained in accordance with this
            Zoning Code and other



            applicable regulations of the village, shall be removed by the latest permit holder
            or by the village at the expense of the permit holder.

       2.   Every sign, including those specifically exempt from this Zoning Code in respect
            to permits and permit fees, shall be maintained in good structural condition at all
            times. All signs shall be kept neatly painted, including all metal parts and
            supports thereof that are not galvanized or of rust-resistant material. The
            Administrator or his authorized representative shall inspect and shall have the
            authority to order the painting, repair, alteration, or removal of a sign which shall
            constitute a hazard to safety, health or public welfare by reason of inadequate
            maintenance, dilapidation, or obsolescence.

B.   Abandoned Signs.

       1.   Except as otherwise provided in this subchapter, any sign that is located on
            property which becomes vacant and is unoccupied for a period of three months
            or more, or any sign which pertains to a time, event, or purpose which no longer
            applies, shall be deemed to have been abandoned. Permanent signs applicable
            to a business temporarily suspended because of a change of ownership or
            management of such business shall not be deemed abandoned unless the
            property remains vacant for a period of six months or more. An abandoned sign
            is prohibited and shall be removed by the owner of the sign or owner of the
            premises.

       2.   Whenever the removal of an abandoned sign has been ordered by the
            Administrator, the person, firm or corporation, who erected, affixed or attached
            such a sign or display, shall remove such sign within 30 days after receiving
            such notice. In the event of noncompliance, the Administrator may remove or
            cause to be removed such sign at the expense of the person, firm or corporation
            who erects such sign or on whose premises it was erected, affixed or attached
            and each such person, firm or corporation shall be individually and separately
            liable for the expense incurred in the removal of said sign.

C.   Nonconforming Sign.

       1.   A sign conforming as to the regulations prevailing on the effective date of this
            Zoning Code, but which does not conform with the current regulations of this
            Zoning Code or subsequent amendments, shall be construed as a legal
            nonconforming sign.

       2.   Nonconforming signs may be maintained and structural parts repaired or
            restored to a safe condition if required, and if a permit is issued; provided,

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                               Village of Swanton, Ohio 2010
            however, that any sign or parts thereof which have been blown down, destroyed
            or otherwise taken down for any purpose, shall not be rebuilt, re-erected or
            relocated unless it shall be made to comply with the provisions of this Zoning
            Code and the State Building Code.

       3.   Nothing in this chapter shall relieve the owner or user of a legal nonconforming
            sign or owner of the property on which the legal nonconforming sign is located,
            from the provisions of this Zoning Code regarding safety, maintenance and
            repair of signs contained in this Zoning Code, provided, however, that any
            repainting, cleaning and other normal maintenance or repair of the sign or sign
            structure shall not modify the sign structure in any way which makes it more
            nonconforming or the sign may lose its legal nonconforming status.

D.   Dangerous or Defective Signs. No person shall maintain or permit to be maintained on
     any premises owned or controlled by him any sign which is in a dangerous or defective
     condition. Any such sign shall be removed or repaired by the owner of the sign or the
     owner of the premises.

E.   Removal of Signs. When the removal or maintenance of any permanent sign has been
     ordered by the Administrator, the person, firm or corporation who erected, affixed or
     attached such a sign or display, shall remove or perform maintenance on such sign
     within thirty (30) days after receiving such notice. In the event of noncompliance, the
     Administrator may remove or cause to be removed or perform maintenance on such
     sign at the expense of the person, firm or corporation who erected such sign or on
     whose premises it was erected, affixed or attached and each such person, firm or
     corporation shall be individually and separately liable for the expense incurred in the
     removal or maintenance of the sign.

F.   Removal of Signs by the Administrator.

       1.   The Administrator shall cause to be removed any sign that endangers the public
            safety such as an abandoned, dangerous, materially, electrically or structurally
            defective sign, or a sign for which no permit has been issued. The administrator
            shall prepare a notice which shall describe the sign and specify the violation
            involved and which shall state that if the sign is not removed or the violation is
            not corrected within thirty (30) days, the sign shall be removed in accordance
            with the provisions of this subchapter.

       2.   All notices mailed by the Administrator shall be sent by certified mail. Any time
            periods provided in this subchapter shall be deemed to commence on the date
            of the receipt of the certified mail.

       3.   For all other signs, the notice shall be mailed to the owner of the property on
            which the sign is located as shown on the last equalized assessment roll. If
            unknown, the notice shall be mailed to or delivered to the owner of the sign and
            the occupant of the property.

       4.   Any person having an interest in the sign or the property may appeal the
            determination of the Administrator ordering removal or compliance by filing a

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                                  Village of Swanton, Ohio 2010
              written notice of appeal with the Planning Commission within thirty (30) days
              after receipt of the notice.

         5.   Notwithstanding the above, in case of emergency, the Administrator may cause
              the immediate removal of a dangerous or defective sign without notice.

 G.   Assessment Procedure.

         1.   The notice given by the Administrator shall state not only the remedial action
              required to be taken, but shall also state that if such action is not taken within
              the time limits set forth in this Zoning Code, the cost of removal or correcting the
              unlawful feature of the sign may be assessed against the property on which the
              sign is located, together with the additional five percent (5%) for inspection and
              incidental cost, and an additional ten percent (10%) penalty for the cost of
              collection and shall be collected in the same manner as real estate taxes
              against the property.

         2.   In the event that the owner of the premises, or person entitled to the possession,
              or the owner of the sign, fails, neglects or refuses to comply with the notice to
              repair, rehabilitate or demolish the sign to be declared to be unlawful, the owner
              of the premises upon which the sign is located and the person entitled to
              possession thereof (if other than the owner of the premises), or all or any of
              them, may be prosecuted for violation of this Zoning Code. The Administrator
              may remove the sign declared to be unlawful.

         3.   If it shall be necessary for the Administrator to remove a sign pursuant to the
              provisions hereof, and it shall be practicable to sell or salvage any material
              derived in the aforesaid removal, he may sell the same at private or public sale
              at the best price obtainable, and shall keep an account of the proceeds thereof.
              Such proceeds, if any, shall be deposited in the General Fund of the village, and
              any differences between the amount so received and the cost of the removal
              shall be levied as an assessment against the property on which the sign is
              located, by the Village Council, certified to the Auditor of Fulton or Lucas County
              and collected as any other assessment by the village. Should the proceeds of
              the sale of such salvaged material exceed the cost of such removal, the
              overage, if any, shall be paid to the owner of the premises from which such sign
              was removed, or to the owner of such sign, whichever proper claim therefore is
              established.

         4.   Each such assessment shall be a lien against each lot or tract of land assessed
              until paid and shall have priority over all other liens except general taxes and
              prior special assessments.

         5.  For all purposes hereinafter the owner of the premises shall be presumed to be
             the owner of all signs thereon, unless the contrary shall appear from facts
             brought to the attention of the Administrator.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)



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                                Village of Swanton, Ohio 2010
~ 150.266 Administration and Enforcement

 A.   Sign Administrator. The Village Administrator is hereby authorized and directed to
      enforce and carry out all provisions of this subchapter, but in letter and spirit, with
      vigilance and all due speed. The Administrator is authorized to promulgate regulations
      and procedures consistent with the purpose of this subchapter, toward that end. The
      Administrator is further empowered to delegate the duties and powers granted to and
      imposed upon him under this subchapter. As used in this subchapter, "Administrator"
      shall include his authorized representative.

 B.   Inspection by Administrator. The Administrator is hereby empowered to enter or
      inspect any building, structure, or premises in the village upon which, or in connection
      with which, a sign, as defined by this subchapter, is located, for the purpose of
      inspection of the sign, its structural and electrical connections, and to insure
      compliance with the provisions of this subchapter. Such inspections shall be carried
      out during business hours.

 C.   Sign Code Violations and Enforcement.

         1.   The remedies provided in this Zoning Code for violations of failure to comply
              with the provisions of this subchapter shall be cumulative and shall be in
              addition to any other remedy provided by law.

         2.   Except as otherwise provided in this subchapter, any sign which is not in
              compliance with all of the provisions of this subchapter shall be referred to
              herein as an "unlawful" sign.

 D.    Assurance of Discontinuance. As an additional means of enforcing this subchapter the
       Administrator may accept an assurance of discontinuance of any act or practice
       deemed in violation of this subchapter, or of any rule or regulation adopted pursuant
       hereto, from any person engaging in, or who has engaged in such act or practice. Any
       such assurance shall specify a time limit during which such discontinuance is to be
       accomplished. Failure to perform the forms of any such assurance shall constitute
       prima facie proof of a violation of this subchapter or any rule or regulation adopted
       pursuant hereto or order issued pursuant thereto, which makes the alleged act or
       practice unlawful for the purpose of securing any injunctive relief from a court of
       competent jurisdiction.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


                                        Fee Schedules

~ 150.280 Fee Schedules

 A.   Committee of Zoning Appeals. The amount of $250.00 shall be paid upon application
      to the Village Administrator for a hearing before the Board of Zoning Appeals. This fee
      is to be charged for each application for hearing to the Board when more than one
      hearing is required by the applicant (Ord. 2008-7, passed 5-12-08).


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                                 Village of Swanton, Ohio 2010
  B.    Zoning Change. The amount of $200.00 shall be paid upon application to the Planning
        and Zoning Board for an amendment to the Zoning Ordinance, except in cases where
        such amendment is being requested by the Planning Commission, Board of Zoning
        Appeals or the Village Council. The fee is to be paid for each zoning change requested
        when more than one hearing is required by the same applicant (Ord. 2008-7, passed 5-
        12-08).

 C.     Zoning Permit Charge: Residential.

          1.     A $20.00 flat fee plus $1.50/$1,000 of construction costs for a zoning permit
                 shall be charged whether the construction is new or for alterations on an existing
                 structure. Such fees shall extend to other buildings and/or accessories which
                 require zoning permit fees.

          2.     This fee schedule will apply to residential and multifamily dwellings up to and
                 including three families.

 D.    Zoning Permit Charge: Commercial/ Industrial/ Multifamily (Up to 2 Units). A $60.00 flat
       fee plus $1.50/100 sq. ft. of area for a zoning permit shall be charged whether the
       construction is new or for alterations on an existing structure.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.281 Table of Fees for Residential Zoning Permits

  A.    The following schedule will be used when determining fees to be paid by applicants for
        residential building permits. These fees shall be applied to one, two, and three unit
        buildings for purposes of new construction, additions to existing construction, or
        permanent accessory buildings.
                                      Fee Table - Residential
        $1,000        $21.50       $29,000         $63.50    $120,000        $200.00
       $10,000        $35.00       $30,000         $65.00    $130,000        $215.00
       $15,000        $42.50       $31,000         $66.50    $140,000        $230.00
       $16,000        $44.00       $32,000         $68.00    $150,000        $245.00
       $17,000        $45.50       $33,000         $69.50    $160,000        $260.00
       $18,000        $47.00       $34,000         $71.00    $170,000        $275.00
       $19,000        $48.50       $35,000         $72.50    $180,000        $290.00
       $20,000        $50.00       $40,000         $80.00    $190,000        $305.00
       $21,000        $51.50       $45,000         $87.50    $200,000        $320.00
       $22,000        $53.00       $50,000         $95.00
       $23,000        $54.50       $55,000        $102.50
       $24,000        $56.00       $60,000        $110.00
       $25,000        $57.50       $80.000        $140.00
       $26,000        $59.00       $90,000        $155.00
       $27,000        $60.50      $100,000        $170.00
       $28,000        $62.00      $110,000        $185.00
Fees not shown on the schedule will be calculated on the basis of $20.00 flat fee plus $1.50
per $1,000.00 dollars of construction costs.

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                               Village of Swanton, Ohio 2010
B.   The following schedule will be used when determining fees to be paid by applicants for
     commercial, industrial, or multi-family (3 or more Units) buildings for purposes of new
     construction, additions to existing buildings, and permanent accessory buildings.
          Fee Table - Commercial, Industrial, Multi-Family (Over 4)
     100 sq. ft.         $61.50                             7,000 sq. ft. $165.00
     200 sq. ft.         $63.00                             8,000 sq. ft. $180.00
     300 sq. ft.         $64.50                             9,000 sq. ft. $195.00
     400 sq. ft.         $66.00                             10,000 sq. ft. $210.00
     500 sq. ft.         $67.50                             11,000 sq. ft. $225.00
     600 sq. ft.         $69.00                             12,000 sq. ft. $240.00
     700 sq. ft.         $70.50                             13,000 sq. ft. $255.00
     800 sq. ft.         $72.00                             14,000 sq. ft. $270.00
     900 sq. ft.         $73.50                             15,000 sq. ft. $285.00
     1,000 sq ft.        $75.00                             16,000 sq. ft. $300.00
     2,000 sq. ft.       $90.00                             17,000 sq. ft. $315.00
     3,000 sq. ft        $105.00                            18,000 sq. ft. $330.00
     4,000 sq. ft.       $120.00                            19,000 sq. ft. $345.00
     5,000 sq. ft.       $135.00                            20,000 sq. ft. $360.00
     6,000 sq. ft.       $150.00                            30,000 sq. ft. $510.00


         *Fees not shown on the schedule will be calculated on the basis of $60.00 flat fee
          plus $15.00 per 1000 square feet of new construction.

C.   A fee of $10.00 will be charged for permits to build sheds constructed on skids in all
     zoning districts.

D.   A fee of $10.00 will be charged for all pool construction permits.

E.   A fee of $15.00 will be charged for all fence and porch permits.

F.   A fee of $200.00 will be charged for all variances.

G.   No fee will be charged for sign replacements.

H.   When construction has been started or completed prior to obtaining all necessary
     permits, the normal building fee will be doubled. The late fee shall not relieve the
     owner from complying with all provisions of the zoning code.

I.   The remedies provided in this Zoning Code for failure to comply with the provision of
     this subchapter shall be cumulative and shall be in addition to any other remedy
     provided by law.
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                               Village of Swanton, Ohio 2010
(Adopting Ord. 97-34, passed 12-8-97) (Ord. 97-27, passed 10-27-97) (Ord. 92-20, passed 9-
28-92) (Ord. 87-36, passed 1-25-88) Ord. 2008-7, passed 5-12-08)

                              Administration and Enforcement

~ 150.295 Intent

  A.   Procedures for administering, interpreting and enforcing this Zoning Code are herein
       established in order to achieve, among others, the following purposes:

         1.   To provide for the review of an application for a zoning permit;

         2.   To provide for the inclusion of necessary facilities, services and other
              uncommon uses through conditional use permits;

         3.   To provide for the inclusion of uses which are uncommon but which have
              characteristics similar to permitted main uses;

         4.   To provide supplementary administrative procedures in conformity with the
              objectives of this Zoning Code.

  B.   In administering this Zoning Code, the provisions shall be regarded as establishing
       minimum requirements and shall be used specifically to further the underlying
       purposes, objectives and the intent set forth in the preamble to each section.

 C.    The relationship of this Zoning Code to other laws, rules and regulations and the
       relationship of two or more specific provisions of this Zoning Code apply to the same
       subject as set forth in Sections 150.001 through 150.007.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.296 General Procedures

  A.   The administration of this Zoning Code is vested in the following officials, commissions
       and boards of the Village of Swanton:

         1.   Planning Commission.
         2.   Zoning Inspector.
         3.   Committee of Zoning Appeals.
         4.   Village Administrator.

  B.   Compliance with the provisions of this Zoning Code shall be obtained by applying for
       the issuance of a zoning permit, including the following if applicable:

         1.   Application for a conditional use permit.
         2.   Application for determination of similar use.
         3.   Application for approval of a development or site plan.
         4.   Application for an interpretation or a request for a variance.


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                                 Village of Swanton, Ohio 2010
  C. Enforcement of the provisions of this Zoning Code shall be obtained by inspection and
       order for removal of violations. Failure to comply with such order shall constitute an
       offense which may be followed by criminal or civil legal action.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.297 Zoning Permit

Excavations for buildings or site improvements shall not be started, or buildings, structures, or
parts thereof, shall not be erected, altered, or moved until a zoning permit has been applied for
and issued by the Zoning Inspector.

  A.   Approval of Development or Site Plans. Whenever such plan has been submitted by
       the developer, as required by this Zoning Code, the preliminary plan and final plan of
       the development or site plan area shall have been approved by the Planning
       Commission before a zoning permit may be issued by the Zoning Inspector.

  B.   Compliance with Zoning Regulations. Permits for the construction of a building or land
       improvements or change in use may be issued by the Zoning Inspector only if the work
       described in an application clearly complies with all provisions of this Zoning Code and
       other codes of the village. All commercial and industrial construction shall require state
       building plan approval.

 C.    Conditional Use Permit. When a determination for a "conditional use" is required, a
       zoning permit for the building or use requiring a conditional use permit shall not be
       issued until such permit has been applied for and approved by the Planning
       Commission.

 D.    Determination of Similar Use. Whenever a determination for a "similar use" is required,
       a zoning permit for the building or use shall not be issued until the inclusion of said use
       as a permitted use has been made by the Planning Commission and confirmed by
       Council.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.298 Withholding Permits

  A.   Amendment Pending. No zoning permit or certificate of occupancy shall be issued
       during the period in which an amendment which would affect the building or use
       applied for has been recommended by the Planning Commission or introduced by the
       Council; provided, however, an application for a permit or certificate shall not be
       withheld for more than 90 days after the application was officially submitted.

  B.   Nonconforming Lot. No zoning permit shall be issued for a one or two-family building
       unless the residential lot shall abut upon a public street; the utilities, pavement and all
       other required improvements have been constructed; or their construction has been
       guaranteed on a lot to be located in a duly recorded subdivision or approved by the
       Planning Commission and no plat is required; or is re-platted or re-subdivided in
       accordance with the provisions of Sections 150.050 through 150.068 so as to conform
       with the requirements of this Zoning Code.

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                               Village of Swanton, Ohio 2010
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.299 Required Drawings

In addition to any drawings required by the provisions of the State Building Code, application
for a zoning permit shall be accompanied by:

  A.   A plat showing dimensions of the lot to be developed, lot number of subdivision, and
       subdivision building restrictions, if any. The Zoning Inspector may require that the
       premises be surveyed by a registered surveyor.

  B.   A site plan, drawn to scale, showing the location of proposed and existing buildings,
       driveway and parking areas, and proposed finished grades; also the location and use of
       buildings or adjoining lots within distances specified in other sections of this Zoning
       Code. For residential developments the size and location of an accessory building
       shall be shown.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.300 Application for Permits

  A.   Application for zoning permits, and accompanying drawings, shall be submitted to the
       Village Administrator. After processing same, as to general conformance to the Zoning
       Code, the Village Administrator shall submit to the Planning Commission those
       applications which require its approval. The Village Administrator shall either, approve,
       deny or refer zoning permits to the Planning Commission within 35 days. The Planning
       Commission shall take action on all permits within 45 days after referral to them.

  B.   Approval. The Zoning Inspector, having received a report of approval from the Council,
       Planning Commission, or Appeals Board, as may be applicable, and finding the
       drawings, specifications and all documents comply with this Zoning Code and other
       relevant codes of the village and the State of Ohio, may issue, upon payment of
       required fees, a zoning permit. All zoning permits shall be conditional upon the
       commencement of work described in the permit within six (6) months. If work has not
       begun within six (6) months, the zoning permit shall expire. An applicant with an
       approved zoning permit may, prior to the expiration of said permit, apply for approval in
       writing of one (1) six (6) month extension to commence the work described in the
       original zoning permit without the payment of additional zoning fees.

 C.    Disapproval. If the Council, Planning Commission, Committee of Zoning Appeals or
       the Zoning Inspector recommend not to approve an application, they shall suggest
       changes in the drawings as may be necessary to accomplish the purpose of this Zoning
       Code. In such instances, conferences with applicants may be held and the application
       revised or resubmitted, as may be required. (Adopting Ord. 92-20, passed 9-28-92)
       (Ord. 87-36, 1-25-88) (Ord.2008-33, 1-26-09)

~ 150.301 Conditional Use Permits
Conditional use permits shall be required for certain types of main uses as defined in Section
150.036 and other sections of this Zoning Code, generally publicly operated or a facility which

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                                  Village of Swanton, Ohio 2010
affects the public interest. Such use may be permitted and desirable in certain districts but not
without consideration in each case of the effect of the use upon neighboring land and the
public need for a particular use at the particular location. The application of the planning
standards for determining the location and extent of such use is a planning function and not in
the nature of a variance or appeal. Enumerated throughout this Zoning Code are certain uses
and the district in which conditional uses may be permitted provided the following standards
are fulfilled and a conditional use permit is granted by the Planning Commission.

  A.   Application for such permits received from the applicant shall be submitted by the
       Zoning Inspector to the Planning Commission. The Planning Commission shall hold a
       hearing thereon, notice of which may be published in a newspaper of general
       circulation, or mailed to the owners of property contiguous to and across the street from
       the parcel of which a conditional use permit is requested at least 20 days before the
       hearing. The Planning Commission shall take action upon such application within 45
       days after the date of receiving said application; failure to act within such period shall
       be deemed approval.

  B.   Standards for Evaluating Conditional Use Permits. An application for a conditional use
       permit shall not be approved unless the following conditions and standards are
       complied with as set forth for the following districts:

         1.   Residential Districts.

                a.    The proposed use shall be properly located in relation to the
                      Comprehensive Plan or other adopted land use plans for the area,
                      particularly to the secondary and local streets and pedestrian circulation;
                b.    When located on a local street the proposed use will generate the least
                      possible traffic through a residential neighborhood and shall contain
                      vehicular approaches to the property, so designed as not to create
                      interference with traffic on surrounding public thoroughfares;
                c.    The proposed use is necessary to serve the surrounding residential
                      areas which cannot be served satisfactorily if the same use is located in a
                      nearby less restrictive district where it may be permitted by right;
                d.    The location, design and operation of such use will not discourage the
                      appropriate development or impair the value of the surrounding
                      residential district;
                e.    The proposed use will not create excessive additional requirements at
                      public cost for public facilities and services and will not be detrimental to
                      the economic welfare of the community;
                 f.   The proposed use will be designed, constructed, operated and
                      maintained so as to be harmonious and appropriate in appearance with
                      the existing or intended character of the general vicinity and that the use
                      will not change the essential character of the same area; and
                g.    For temporary structures every conditional use permit shall be reviewed
                      every six months and may be renewed only while the construction
                      operations are pursued diligently.

         2.   Business and Industrial Districts.


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                                     Village of Swanton, Ohio 2010
                 a.    The proposed use shall be necessary to serve the community needs and
                       existing similar facilities located in a less restrictive, or more remote
                       district in which the use may be permitted by right, are inadequate;
                 b.    The proposed use shall be not closer than appropriate in the particular
                       situation to schools, churches, and other places of assembly;
                 c.    The location, extent and intensity of the proposed use shall be such that
                       its operation will not be objectionable to nearby dwellings by reason of
                       noise, smoke, dust, odors, fumes, vibrations or glare than is normal or is
                       permitted by the performance standards of the district;
                 d.    The proposed use may be permitted in a more restrictive district than in
                       which it is permitted by right only because of its limited extent, modern
                       equipment and processes;
                 e.    The hours of operation and concentration of vehicles in connection with
                       the proposed use will not be more hazardous or dangerous than the
                       normal traffic of the district;
                  f.   The proposed use will have vehicular approaches to the property which
                       shall be so designed as not to create an interference with traffic on
                       surrounding public thoroughfares;
                 g.    The proposed use will not be hazardous or disturbing to existing or future
                       neighboring uses; and
                 h.    The proposed use will not create excessive additional requirements at
                       public cost for public facilities and services and will not be detrimental to
                       the economic welfare of the community.

         3.    Safeguards and Conditions. In addition to complying with the general standards
               set forth in this section, conditions appropriate to each particular application may
               also be set forth in the permit.

         4.  Approval. The approval of a conditional use permit shall become null and void if
             the construction of the building or site improvements are not started within a six-
             month period after the date of approval.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.302 Determination of Similar Uses

All applications for permits for a building or use not specifically listed in any of the permitted
buildings or use classifications in any of the districts shall be submitted to the Planning
Commission, and, after approval by it, confirmed by the Council in compliance with the
following standards:

  A.   That such use is not listed in any other classification or permitted building or uses;

  B.   That such a use is more appropriate and conforms to the basic characteristics of the
       classification to which it is to be added than to any other classification;

  C.   That such use does not create dangers to health and safety, and does not create
       offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable


                                                 276
                                    Village of Swanton, Ohio 2010
       influences to an extent greater than normally resulting from other uses listed in the
       classification to which it is to be added; and

 D.   That such a use does not create traffic to a greater extent than the other uses listed in
      the classification to which it is to be added.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.304 Enforcement

The duty of administering and enforcing the provisions of this Zoning Code is hereby conferred
upon the Zoning Inspector. The Zoning Inspector may promulgate rules and regulations as he
may determine as necessary to supplement the administration of this Zoning Code. After
certification by the Council, such rules of the Zoning Inspector shall have the same force and
effect as the other provisions of this Zoning Code. The Village administrator shall assume the
responsibilities of the Zoning Inspector as specified in this Zoning Code. The Administrator
can appoint a qualified person to do inspections when necessary.

  A.   Inspection and Order for Removal of Violation. The Zoning Inspector is hereby
       empowered to enter any premises at a reasonable time to inspect a reported violation
       of this Zoning Code, examine and to order, in writing, the remedying of any condition
       found to be existing in violation of any provisions of this Zoning Code. After such an
       order is served or posted on the premises, no work, except to correct or comply with
       said violation, shall proceed on any building or tract of land until said violation is
       corrected.

  B.   Offense of Noncompliance. A person or corporation shall be guilty of a misdemeanor
       where any violation of any of the provisions of this Zoning Code exists in any
       structures, building or tract of land; where an order to remove any such violation has
       been served on the owner, agent, lessee, or tenant of the structure, building or tract of
       land, or part thereof, or upon the architect, building contractor or any person who
       commits or assists in any such violation; and where such person shall fail to comply
       with such order within 30 days after the service of notice thereon.

 C.    Civil Action. In the event any building or structure is being erected, constructed,
       altered, repaired, or maintained in violation of the provisions of this Zoning Code, or
       there is an imminent threat of violation, the village or the owner of any contiguous or
       neighboring property who would be especially damaged by such violation may institute
       and maintain, in addition to any other remedies provided by law, a suit in the Court of
       Common Pleas of Fulton County or Lucas County for injunction to terminate or prevent
       such violation as a public nuisance.

 D.   Records and Reports. The Zoning Inspector shall keep or cause to be kept, a record of
      any decisions, determinations or conclusions reached by the Inspector in connection
      with the enforcement of this Zoning Code. Such records shall be open to public
      inspection during regular business hours.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)




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                                Village of Swanton, Ohio 2010
~ 150.305 Planning Commission

 A.   Establishment. There is established a Village Planning Commission of five members
      consisting of the Mayor, and a member of the Village Council; and three electors of the
      municipality, all appointed by the Mayor, subject to the approval of a majority of the
      members elected to Council. Each appointee shall serve for a term of six years, except
      the member of Council, whose term shall not exceed his term of office on Council.

 B.   Officers and Rules. The Planning Commission shall elect a chairperson and vice
      chairperson from its members. The Zoning Inspector shall serve as secretary to the
      Commission. The Commission shall adopt rules or bylaws for the holding of regular
      and special meetings, the transaction and disposition of its business and the exercise of
      the powers of the Commission, such procedure shall be followed.

 C.   Quorum. All meetings of the Planning Commission shall be open to the public. A
      majority of its members shall constitute a quorum at any meeting. No action of the
      Commission shall be deemed taken unless concurred in by a majority of its members.

 D.   Powers. The Planning Commission shall have such powers as are conferred by the
      general laws of the state or by ordinance of the Swanton Village Council.

 E.   Employment of Consultants. The Planning Commission may control, appoint or employ
      professional services, and may appoint a clerks, craftsmen, and other subordinates as
      it finds necessary in connection with the performance of its functions and duties.
      Expenditures for such service and employment shall be within the amount appropriated
      for such purpose by the Council.

 F.   Access to Property. For the purpose of necessary surveys, engineers, agents and
      representatives of the Planning Commission may enter upon all property within the
      limits of the village. Members, agents and representatives of the Commission shall
      have access to all property in making any survey in connection with any matter being
      considered by the Commission.

 G.   Planning Commission approval required. No public building or structure, street, park,
      playground, public ground, bridge, or other public way, ground, works, or utility that is
      privately owned, or a part thereof, shall be constructed or authorized to be constructed
      within the limits of the village unless and until it shall have been submitted to the
      Planning Commission for report and recommendation. In the case of disapproval, the
      Commission shall communicate its reasons therefore to the Council and to the head of
      the department which has control of the construction of the proposed improvement or
      utility. The Council, by a vote of not less than two-thirds of its members, may overrule
      such disapproval. If each public way, ground, works, building, structure or utility is one
      of the authorization or financing of which does not, under the law, fall within the
      province of the Council, the submission or body having jurisdiction and the
      Commission's disapproval may be overruled by such official board, commission or body
      by a vote of not less than two-thirds of its membership. (ORC 713.02)




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 H.     Reasons for Granting Variances. The Planning Commission shall have the power, in
        specific cases, to vary the application of certain provisions of this Zoning Code for the
        following reasons:

          1.   Where the literal application of the provisions of this Zoning Code would result in
               unnecessary hardships peculiar to the property involved and not based on
               conditions created by the owner (a theoretical loss or limited possibilities of
               economic advantage and general hardships, not unnecessary hardships);

          2.   Where other exceptional circumstances or geographical or geological conditions,
               or type of adjoining development, are only applicable to the property involved or
               to the intended use of the property and do not apply to other property within the
               same zone unless the same exceptional circumstances prevail;

          3.   Where granting of a variance will not be materially detrimental to the public
               welfare or injurious to the property or improvements in the neighborhood in which
               the property is located; and

          4.   The granting of a variance will not be contrary to the general purposes, intent
               and objectives of this Zoning Code. When applying for a variance or
               modification, the applicant shall substantiate and state his claim for granting of
               the variance.

          5.   Application for a variance shall be received from the applicant by the Zoning
               Inspector and referred to the Planning Commission. The Planning Commission
               shall hold a hearing thereon, notice of which shall be mailed to the applicant and
               to the affected property
               owners as they appear in the current records of the County Auditor or be
               published for two successive weeks prior thereto, in a newspaper of general
               circulation in the village. The Planning Commission shall take action upon such
               application within 45 days after the date of receiving said application; failure to
               act within such period shall be deemed approval.


   I. Lapse of Variances. A variance once granted shall not be withdrawn or changed unless
      there is a change of circumstances, or if, after the expiration of one year, no substantial
      construction is done in accordance with the terms and conditions for which such
      variance was granted, the Zoning Inspector shall give notice in writing, and 30 days
      thereafter, the variance shall be deemed null and void, and all regulations governing
      said premises in question shall revert to those in effect before the variance was
      granted.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


~ 150.306 Committee of Zoning Appeals

  A.    Intent. A Committee of Zoning Appeals is hereby established to assist in the
        administration of this Zoning Code, particularly, to decide and interpret provisions which
        require impartial adjustments of conflicting interests.

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                             Village of Swanton, Ohio 2010
      Such a Committee is herein established to achieve, among others, the following
      purposes:

        1.     To provide an administrative board to review or appeal any order, requirement,
               decision or determination made by the Planning Commission in accordance with
               all existing ordinances established by the legislative authority. This does not
               include zoning text or map amendments.

 B.   Membership. There is hereby established a Committee of Zoning Appeals of the
      Swanton Village Council. Committee membership shall not include the Mayor or a
      Council member currently serving as a member of the Swanton Village Planning
      Commission.

 C.   Officers, Duties and General Powers. The Committee shall elect from among its
      members, a Chairman and Secretary. The duties of the Committee shall be:

        1.     To hear appeals and decide any issue involving the application of impartial
               considerations and judgments in regard to decisions made by the Planning
               Commission on matters relating to this Zoning Code, for relief from any order,
               requirement, decision or determination, including the refusal, granting or
               revocation of permits;

        2.     To hear and decide all matters specifically referred to it for decisions in other
               sections of this Zoning Code.

D.    Procedures of Appeals.

             1. An appeal from any decision of the Planning Commission with regard to an
                application for a zoning permit, issuance of a stop work order, specific referral, or
                some similar action may be made to the Committee by any person believing
                himself aggrieved or by any such decision.

        2.     To be considered, the appellant shall, within 10 days after the date of such
               decision, file in the office of the Zoning Inspector, a notice of appeal specifying
               the decision or section of this Zoning Code from which the appeal is sought, the
               error alleged and all relevant data.

 E.   Meetings and Hearings.

        1.     The Committee of Zoning Appeals shall act within 45 days after receipt of all
               required information and failure to act within such period shall be considered
               approval of the appeal unless an extension of time is mutually agreed upon.
               Before making any decisions on any appeal, the Committee shall hold a public
               hearing or hearings during a regularly scheduled or special Village Council
               meeting. Notices of the time and place of hearings shall be mailed to the
               appellant and to the affected property owners as they appear in the current
               records of the County Auditor of Fulton or Lucas County or be published for two
               successive weeks prior thereto, in a newspaper of general circulation in the
               village.

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         3.   All hearings conducted by the Committee shall be open to the public. Any
              person may appear and testify at a hearing either in person or by duly authorized
              agent or attorney. The Committee shall have the power to subpoena and require
              the attendance of witnesses, to administer oaths, to compel testimony, to
              produce reports, findings and other evidence pertinent to any issue referred to it
              for decision.

 F.    Quorum and Vote.

         1.   The concurring vote of three members of the Committee shall be necessary to
              reverse any order, requirement, decision, or determination of any duly authorized
              administrative officer.

         2.   A member of the Committee shall not be qualified to vote, if he has a direct or
              indirect interest in the issue appealed.

 G.    Record of Decisions. The Committee Secretary shall provide a detailed report of all its
       proceedings, setting forth its reasons for decisions, the vote of each member
       participating therein the absence of a member, or a member’s failure to vote.
       Immediately following the Committee’s decision, such record, including any conditions
       prescribed by the Committee, shall be filed and posted for two weeks in the office of
       the Village Clerk. The report shall be open for public inspection and copies shall be
       provided to the appellant or any interested party noted therein.

 H.    Notice to Council and Planning Commission. Upon issuance by the Committee of
       Zoning Appeals of any ruling, determination or order, the Chairman of the Committee
       shall send within fourteen (14) days of the date of such ruling, determination or order, a
       copy thereof to the Clerk of Council and to the Chairman of the Planning Commission
       who shall present such report at its next regular meeting.

  I.   Appeal to Court. A person aggrieved by a decision of the Committee may, within thirty
       (30) days after the filing of such decision, appeal to the Court of Common Pleas of
       Fulton or Lucas County. Such appeals may be either on questions of law or on
       questions of fact. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)
       (Ord. 2008-7, passed 5-12-08).


~ 150.307 Amendment Procedures

 A.    Initiation of Zoning Amendments. The Council, either on petition of a property owner,
       recommendation of the Planning Commission, or on its own initiatives, may amend or
       change the number, shape, area or text regulations within any zone or district, but no
       such amendment or change shall become effective unless the proposed amendment or
       change is first submitted to or considered by the Planning Commission for its approval,
       disapproval or recommendation. The Commission shall be allowed a reasonable time,
       to be not less than 45 days after referral or submittal, for consideration and report.
 B.    Planning Commission Action. It shall be the duty of the Secretary of the Planning
       Commission to forthwith file with the Clerk of Council, a report of the action and
       recommendation of the Commission with respect to any referral or submittal. Failure to

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      file such report within 60 days after any referral or submittal by Council, shall be
      accepted as and be deemed an approval of the proposed change or amendment
      submitted.

 C.   Public Hearing. Before any ordinance, measure or regulation amending or changing
      the number, shape, area or text regulations within any zone or district may be passed,
      the Council shall hold a public hearing thereon. It shall publish notice of such hearing in
      a newspaper of general circulation in the village, adequately describing the nature of
      the pending legislation, once a week for two consecutive weeks on the same day of the
      week, the first of such publication to take place not less than 30 days prior to the public
      hearing. If the ordinance, measure or regulation intends to rezone or redistrict ten or
      less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be
      mailed by the Village Clerk by first class mail at least 20 days before the date of the
      public hearing to the owners of property within village contiguous to and directly across
      the street from each parcel or parcels to be rezoned or redistricted to the addresses of
      such owners appearing on the County Auditor's current tax list, the County Treasurer's
      mailing list or to such other list or lists that may be specified by Council. The failure of
      delivery of such notice shall not invalidate any such ordinance, measure or regulation.
      During such 30 days, the text of such ordinance, measure, regulation or proposed
      change, together with the map, plans or copies forming part of or referred to in such
      ordinance, measure, regulation or proposed change, and the reports submitted by the
      Planning Commission, shall be on file for public examination in the office of the Village
      Clerk of Council.

 D.   Action by Council. No such ordinance, measure, regulation or proposed change, which
      violates, differs, or departs from the plans or report submitted by the Planning
      Commission, shall take effect unless passed or approved by not less than two-thirds of
      the membership of the Council. Any such ordinance, measure, or proposed change
      may be amended by majority vote, prior to the voting thereon by the Council, without
      further notice or postponement if such amendment shall be germane to the subject
      matter and does not violate, differ, or depart from the report of the Planning
      Commission. (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

~ 150.308 Violations

 A.   Injunction. No person shall erect, construct, alter or repair or maintain any building or
      structure, or use any land in violation of this Zoning Code or the regulations enacted
      pursuant thereto. In the event of any such violation, or imminent threat thereof, upon
      the request of the Mayor or Council, the Village Solicitor, on behalf of the village, shall
      institute a suit for injunction to prevent or terminate such violation.

 B.   Violation of Planning Commission Regulations. Whoever willfully violates any rule or
      regulation adopted by the Council or the Planning Commission shall forfeit and pay not
      less than $100 to be recovered with costs in a civil action brought by the Village
      Prosecutor in the name of the village for the use thereof. Each day such violation shall
      continue it shall constitute a separate forfeiture.

 C.   Transfer of Common Land Prohibited. When common land, a street, recreation area,
      park or other open land has been set aside, with the approval of the Planning

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      Commission for the exclusive use, in common by abutting or other occupants of land,
      the sale, transfer or change of use of such land or any part thereof is prohibited unless
      the Planning Commission has given its prior consent thereto, which shall be confirmed
      by an action of Council. Whoever willfully violates this section shall forfeit and pay to
      the village not less than $100 as determined by the Council. Such sum shall be
      recovered, with costs, in an action brought by the Village Prosecutor in the name of the
      village and for the use thereof.
(Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)


                                      Site Plan Review

~ 150.400 Purpose and Intent

      Site plan review provides a procedure with specific standards for development
      proposals. Items to be considered include but are not limited to safe and efficient
      access for pedestrians and vehicles, storm water management, preservation of existing
      natural features, adjacent land uses and general welfare and safety.

~ 150.401 Application

      Site plan review shall be required for all new commercial, industrial and multi-family
      buildings for expansion to an existing building in excess of 5,000 square or 25% of the
      existing gross floor area, whichever is greater, and when the number of parking spaces
      on a lot increases by ten (10) or more. Single family and two-family dwellings and
      related structures and buildings are exempt from the Site Plan Review procedure.
      Requirements contained in other sections of the Swanton Village Zoning Ordinance
      may also be applicable under the Site Plan Review process, such as: Fences; Planned
      Unit Development; Business Districts; Industrial Districts; Airport Highway Overlay
      District; Parking and Loading Facilities; and Sign Regulations.

~ 150.402 Requirements

      An applicant shall file with the Zoning Inspector the following documents along with the
      application fee.


      Basic Requirements
      A.    A letter of submittal from the property owner or an agent authorized in writing by
            the property owner shall accompany the site plan which contains the applicant’s
            phone number and mailing address.

      B.     The site plan documents shall include a complete legal description of the
             property and a general location sketch showing nearby section lines and/or
             residential and major roadways.

      C.     All site plans shall have the title “Site Plan Review” and include the site address;
             date of submittal and the submitter’s name and address. The site plan shall
             indicate the scale of the drawing and shall use an engineer’s scale. The scale of

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                                Village of Swanton, Ohio 2010
             the site shall not exceed one inch to forty (40) feet. The site plan shall have the
             north arrow pointing toward the top of the drawing. The location map and site
             plan orientation shall be the same.

       D.
             The following documents shall be filed: Ten (10) blue-line or black-line prints of
             the site plan on paper no smaller than 24 inches by 36 inches. Detailed drawings
             other than the site plan need not be submitted for the purpose of site plan
             review.

      E.     The site plan documents such include a color aerial photograph of the site to be
             developed from a publicly obtainable source such as Google maps, Google
             earth, map.live.com etc. of sufficient size and resolution to clearly illustrate
             property details, attributes and all abutting streets and roadways.

~150.403 Site Plan Requirements
      A.    The site plan shall show the zoning classification(s) and existing uses of the
            property and all abutting property, the approximate location of buildings and
            driveway locations, opposite to and adjacent to the property.

      B.     The site plan shall indicate the dimensions including area of the property, the
             dimensions of the existing and planned buildings to be constructed and any
             buildings to be removed or other alterations to occur to the property.

      C.     The site plan shall indicate the distance of existing and proposed structure(s) to
             all right-of-way lines and distances of the structure(s) to the front, side and rear
             property lines.

      D.     The site plan shall indicate the name for all adjacent roadways and right-of-ways
             and pavement widths measured from the centerline of the roadway.

      E.     The site plan shall show the locations, height and material of all existing and
             proposed fencing and/or walls on the property.

      F.     The site plan shall show the location, height, lighting, type, and dimensions of
             existing or proposed signs on the property.

      G.     The site plan shall indicate the width(s) and location(s) of existing or proposed
             sidewalks, if any, and drive approach aprons. The drive approach width(s) shall
             be indicated where the apron meets the roadway pavement and shall be
             dimensioned at the throat.

      H.     The site plan shall show any ditches, creeks, or other natural features that may
             affect the development of the property. When appropriate, two-foot (2’) contours
             and the 100-year high water elevation shall be shown on the site plan.
             Information on this requirement may be obtained from the Fulton County or
             Lucas County Engineer’s office.



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                               Village of Swanton, Ohio 2010
     I.    The site plan shall show the existing and proposed method of storm water
           drainage and/or areas to be used for storm water detention.

     J.    The site plan shall show existing and proposed sanitary and storm sewers, water
           mains and the location(s) of fire hydrants if present. In the event these
           improvements are not proposed, the site plan shall indicate the location of
           proposed or existing wells and sewage systems both on-site and on abutting
           parcels.

     K.    The site plan shall indicate the location of existing or proposed off-street parking
           spaces and drive aisles with complete dimensions, the number and size of the
           proposed parking stalls including handicap spaces and the type of pavement
           composition of the parking area (asphalt or concrete) and if the off-street parking
           area is located next to an existing parking area or on another parcel, the method
           of circulation, if any, between the two areas.

     L.    The location of proposed plant material, mulch beds, and other landscape
           improvements such as but not limited to berms, fences, etc., plant schedules
           with botanical and common plant names, quantity of plants to be installed, plant
           size at installation and on-center planting dimensions where applicable, and all
           existing plant material to be removed or retained and all new landscaping
           materials to be installed.

     M.    A site plan with a proposed drive-thru window operation shall indicate where the
           vehicles will be lined up and how many vehicles can be stored at one time while
           waiting to use the order board and drive-thru window. Also see Section 150.148
           Drive- Thru Service Requirements.

     N.    Exterior building elevation(s) visible from all abutting streets and highways.

     O.    Submittal of a traffic impact study and or access management plan, if required,
           pursuant to Section 150.167, Access to Individual Parcels.

~150.404 Accessory Structures

     An accessory structure not greater than 1,200 square feet in area may not require site
     plan review but shall first be reviewed by the Zoning Inspector to determine compliance
     with this section. All accessory structures proposed as part of the site plan review of a
     primary structure shall be included on a required site plan.


~150.405 Approval Procedure

     A.    Site plans shall be filed with the Zoning Inspector. Site plans shall not be
           circulated for review and recommendation unless all required information is
           submitted and/or indicated on the site plan.

     B.    The Zoning Inspector shall transmit the site plan to appropriate government
           agencies for review, report and recommendations.

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                                Village of Swanton, Ohio 2010
      C.     After recommendations have been received, the Zoning Inspector shall transmit
             the site plan and recommendations to the Village of Swanton Planning
             Commission for review.

      D.     The Planning Commission shall review the plan and either approve the plan or
             return it to the developer with recommendations for changes required.

      E.     As part of the site plan review, a bond, escrow or other suitable guarantee to
             ensure the implementation of site improvements may be required.

      F.     Changes to the approved site plan shall require re-submittal for review pursuant
             to this section; provided, however, that the Zoning Inspector may administratively
             approve minor changes to the approved plan which do not:

                1. Result in an increase in the number of units. This section is not
                   applicable to an accessory structure less than or equal to 1,200 square
                   feet in area;

                2. Encroach into the setback areas;

                3. Encroach into parking areas through an increase in its height,
                   length or width that would magnify its effect on an adjoining
                   area;

                4. Create a larger building mass that would magnify its effect on
                   the adjoining area either through an increase in its height, length, or width;

                5. Alter specific conditions approved by the Swanton Planning
                       Commission.


~Section 150.406 Expiration and Extension of Site Plan Approval

      If construction of any phase of the approved site plan begins within one (1) year after
      approval is granted, the approval shall be valid until the development is completed;
      provided, however, if the performance of the site plan is not substantially completed
      after the second (2nd) year, the site plan is void. If no construction has begun within
      one (1) years after the approval is granted, the site plan’s approval shall be void. An
      extension of time may be approved at the sole discretion of the Swanton Planning
      Commission. (Adopting Ord. 2010-8, passed 3-22-10)


                                       Wind Turbines

~ Section 150.420 Purpose

The purpose of this section is to establish general guidelines for the location of wind turbine
generators and anemometer towers. The Village recognizes in some specific instances, under
carefully controlled circumstances, it may be in the public interest to permit the placement of

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                                 Village of Swanton, Ohio 2010
wind turbine generators in certain areas of the Village. The village also recognizes the need to
protect the Village from unreasonable visual interference, noise radiation and that wind turbine
generators may have negative health, safety, welfare and aesthetic impacts upon adjoining
and neighboring uses.


~ Section 150.421 Intent

      A.     Protect residential areas from potential adverse impact of wind turbine
             generators;

      B.     Permit wind turbine generators in selected areas by on-site residential,
             commercial or industrial users, subject to terms, conditions and provisions
             hereof;
      C.     Ensure the public health, welfare and safety of the Village’s residents in
             connection with wind turbine generators;

      D.     Avoid potential damage to real and personal property from the wind turbine
             generators or anemometer towers or the failure of such structures and related
             operations.


~ Section 150.422 General Provisions

      A. Permitted Use

             1. Small wind energy systems shall be permitted by conditional use, in all
             zoning districts where structures of any type are allowed, subject to the following
             regulations.

      B. Height and Acreage

             1. The maximum height of any turbine shall be 100 feet, which includes         the
             tower and the maximum vertical height of the turbine’s blades. Maximum height
             shall be calculated by measuring the length of a prop at a maximum vertical
             rotation to the base of the tower, which shall be no higher than ground level.

             2. A wind turbine shall be located on a single lot, with a minimum size of one (1)
             acre.

             3. Only one wind turbine per lot owned, which must be operated and maintained
             by the property owner only.

             4. A wind turbine must have an un-guyed, monopod style tower only.

      C. Setbacks

             1. Any wind turbine system erected on a parcel of land must establish a “clear
             fall zone” from all neighboring property lines and structures, public right-of-ways

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                           Village of Swanton, Ohio 2010
      and utility right-of-ways, as well as any structures on the parcel intended for the
      turbine.

      2. A wind turbine must be erected and placed in such a manner that if it were to
      fall, the entire system would be contained solely on the property where the
      turbine was installed, and would not strike any structures, including the primary
      dwelling and any accessory buildings or uses.

D. Lighting

      1. The maximum lighting used for or on the structure is as required by any State
      or Federal agency.

E. Decibel Levels
      1. Decibel levels for the system shall not exceed sixty (60) decibels (dba)
      measured at the property line.

F. Color

      1. Color of the unit as well as the location and size of the manufacturers
      identifying logos shall be included in the plan.

              a. Logos, advertising or other identification markers other than those of
              the manufacturer and model type are not permitted.
              b. The system, including the prop blades, turbine, cowling and tower shall
              be painted or coated white, gray or sky blue.
              c. Lettering shall be either black or white and no taller than six (6) inches
              in height.

G. Maintenance, Construction and Installation

      1. A maintenance schedule as well as an erection and dismantling plan that
      outlines how the unit will be installed and dismantled shall be required as part of
      the permit. The plan shall include all potential impacts to neighboring properties
      and Village assets.

      2. All power turbine distribution wire shall be installed underground.

      3. The owner shall notify the Zoning Inspector if operations of the wind turbine
      cease and the turbine shall be removed within sixty (60) days of cessation of
      operations at owners expense.

      4. No grid-interconnected wind energy system shall be installed until evidence
      has been provided to the Village of Swanton that the utility company has been
      informed of the customer’s intent to install a grid-connected customer-owned
      generator.




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                             Village of Swanton, Ohio 2010
H. Permits
A permit shall be required from the Village of Swanton prior to construction of any
individual wind turbine system. As part of the permit process, the applicant shall submit
an application of conditional use as provided in Section 150.301 of the Village of
Swanton Zoning Code.

   The following shall be provided when applying for a permit.

       1. A map or drawing visually showing the location of all public and private
       airports in relation to the location of the turbine, as well as any FAA restrictions
       that may be applicable.

       2. An engineering report performed by an engineer currently licensed to practice
          in the State of Ohio that shows the following:

                 a. The total size and height of the unit.
                 b. The total size and depth of the unit’s concrete foundation .
                 c. Foundation design sealed and signed by a professional structural
                     engineer currently licensed by the State of Ohio.
                 d. An average decibel rating for that particular model at the property line.
                 e. A list and or depiction of all safety measures that will be on the unit
                 including anti-climb device, grounding devices and lightning protection.
                 f. Data specifying the kilowatt size and generating capacity of the
                 particular unit.
                 g. Evidence of a “clear fall zone” with manufacturers recommendations.

       3. A scaled site drawing showing the location of the unit in relation to existing
       structures on the property, roads and other public right of ways and neighboring
       properties, including an aerial view of the existing site and adjoining properties
       with the tower location identified.

I. Definitions

   For purposes of regulating residential, commercial and industrial use of wind
   generators.

   Clear Fall Zone. An area surrounding the wind turbine unit into which the turbine
   and or turbine components might fall due to inclement weather, poor maintenance,
   faulty construction methods or any other condition causing turbine failure, that shall
   remain unobstructed and confined within property lines of the primary parcel where
   the turbine is located, the purpose being that if the turbine should fall or otherwise
   become damaged, the falling structure will be confined to the primary parcel and will
   not fall onto dwellings, accessory buildings nor intrude onto a neighboring public or
   private property.

   Monopod Type Tower. A tower constructed of a single component such as a pipe
   or tube. Towers of an open web truss style similar to a conventional television tower
   or radio communications tower, though they may be self supporting, are not
   considered monopod types.

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                                Village of Swanton, Ohio 2010
          Primary Structure. For each property, the structure that one or more persons
          occupy the majority of time on that property for either business or personal reasons.
          Primary structures include structures such as residences, commercial buildings,
          hospitals and day care centers.

          Professional Engineer. A qualified individual who is licensed to practice as a
          Professional Engineer in the State of Ohio.

          Small Wind Energy System. A wind driven system generating 30kw or less.

          Wind Power Turbine Owner. The person or persons who own the Wind Turbine
          structure and the property on which it is constructed.

          Wind Power Turbine Tower. The support structure to which the turbine and rotor
          are attached.

          Wind Power Turbine Tower Height. The distance from the rotor blade at its
          highest point to the top surface of the Wind Power Generating Facility (WPGF)
          foundation.

          (Adopting Ord. 2010-28, passed 10/11/2010)


                                    Landscaping Requirements

~150.500 Purpose and Intent

     The landscaping requirements section establishes standards to enhance the
     appearance and to preserve native vegetation and natural features unique to the
     Village of Swanton.


~150.501 Requirements

     General Requirements: Landscaping for all uses except single-family dwellings shall be
     provided in the following areas:

     A.      At the perimeter of sites to buffer, separate and/or screen adjacent land uses;

     B.      At the perimeter of parking lots to shade, separate and/or screen the view of
             parked cars from adjacent streets and land uses;

     C.      In the interior of parking lots to provide shade;

     D.      Around the perimeter of buildings to enhance the appearance of structures;

     E.      When barriers or fences are utilized, plant material shall be included;

     F.      Required landscape areas shall not include any portion of the right-of-way;
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G.    All loading areas shall be landscaped for screening purposes;

H.    When an existing parking lot is expanded by 20 percent or more, landscaping
      must be provided for the entire area and not merely to the extent of its
      expansion.

Specific Requirements

A.    A planting strip at least five (5) feet in width shall be located along the perimeter
      of a parking area, but not within any right-of-way. Within this area there shall be
      one (1) two (2.0) inch caliper deciduous shade tree per fifty (50) linear feet of
      perimeter parking area. An alternative arrangement of perimeter landscaping
      material such as mounding, fencing or walls of varying heights may be
      considered as part of the site plan process.

B.    Landscaping within parking areas is necessary not only to reduce the generation
      of heat and water runoff, but also to break up visually the expanse of paved
      areas. The use of parking islands shall be strategically placed throughout the
      parking lot. The use of shade trees in these landscape areas shall be required.
      Any open parking area (including loading areas) containing more than six
      thousand (6000) square feet of area or fifteen (15) or more parking spaces shall
      provide the following interior landscaping in addition to the required perimeter
      screening:

         1. An area equal to five percent (5%) of the total area devoted to parking
            spaces and aisle ways shall be landscaped and permeable.

         2. For parking areas over thirty thousand (30,000) square feet in size, the
            required landscaping shall be designed to break up the visual expanse of
            pavement with landscape features such as boulevards, larger landscape
            islands or areas of preserved on-site native vegetation. This landscaping
            requirement may also include storm water retention areas or drainage
            courses if designed to provide an attractive natural asset to the site.

         3. All required landscaping areas shall be protected by curbing or a
            suitable barrier to prevent vehicle encroachment.

         4. The required plant materials for the interior of parking areas shall be one
            deciduous tree for every three thousand (3,000) square feet of area.
            Where sight distance or maneuvering conflicts exist, trees shall have a
            clear trunk of at least five (5’) feet above the ground and the remaining
            required landscape area shall be planted with shrubs or ground cover not
            to exceed two (2) feet in height.

C.    Foundation plantings are required for all exterior building walls that are visible
      from a road. Foundation plantings shall be placed within five (5) feet of the
      building perimeter. Ten (10) shrubs shall be required for every hundred (100)
      lineal feet of horizontal exterior building wall visible from the road, street, or
      highway in groups of varying material. If foundation plantings are deemed not

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            practical due to unique features of the site and/or building, an alternative plan
            may be considered as part of the site plan review process.

      D.    A landscape strip between the roadway building and/or parking area shall be
            provided along the full width of a lot, except when a front access drive is
            provided. The width of this landscape strip shall be not less the fifteen (15) feet
            measured from the right-of-way line. The landscape strip shall be unoccupied
            except for landscape material, steps, walks, terraces and driveways. Innovative
            treatments are encouraged in this area, but the design must not interfere with
            adequate sight distance. Within the landscape strip at least one (1) two (2) inch
            caliber deciduous or two (2) six (6) foot high evergreen trees or a combination
            shall be installed for each one hundred (100) feet of property frontage along with
            other appropriate landscape materials.

      E.    Use of native species of material is encouraged. If native species are not used,
            then an irrigation system is required.

      F.    Existing healthy trees and shrubs on a site may be used as a credit to meet
            these requirements upon review and approval by the Planning Commission.


~150.502 Plant Material Specifications

      The following sections include specifications for plant materials. Alternatives to these
      specified plant materials which demonstrate both the intent and requirements of the
      zoning ordinance may be approved as part of the site plan.

      A.    Deciduous Trees
            A minimum caliper of two (2) inches, measured twelve (12) inches above the
            ground at time of planting.

      B.    Evergreen Trees
            A minimum of six (6) feet high and spread of three (3) feet at the time of planting
            with a maximum mature height twenty-five (25) feet.

      C.    Shrubs
            Shrubs shall be at least thirty (30) inches average height and twenty-four (24)
            inches in width at time of planting.

      D.    Ground Cover and Grass
            Landscaped areas may not contain bare soil, aggregated stone or decorative
            rock. Any ground must be covered with hardwood mulch, grass, or other
            vegetative ground cover with weed barriers where applicable.

      E.    Prohibited Tree/Shrub Species
            The following tree and shrub species shall not be used unless already existing in
            the proposed landscape area:

            Bradford Pear (Pyrus Calleryan)

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                              Village of Swanton, Ohio 2010
           Box Elder (Acer Negundo)
           Mulberry (Morus Alba)
           Willow (Salix Babylonica)
           Siberian Elm (Ulmus Pumila)
           Hickory (Carya Sp.)
           European Alder-Buckthorn (Rhamnus Frangula)
           Common Buckthorn (Rhamnus Cathartica)
           Autumn Olive (Elaegnus Umbellata)
           Multiflora Rose (Rosa Multiflora)
           Purple Loosetrife (Lythrum Salicaria)
           Tree of Heaven (Ailanthus Altissima)
           Black Walnut (Juglans Nigra)
           Silver Maple (Acer Saccharinum)
           Black Locust (Robinia Pseudo-acacia)
           Catalpa (All Species)
           Cottonwood (Populus Deltoids) Native to Oak Openings. Existing large trees may
           be permitted to remain on site.

           Poplar. This is a species of Genus Populus which includes Cottonwoods. This
           also includes Aspens which are native to Oak Openings. Aspens should
           remain on-site if they exist at the time of development.


~150.503 Maintenance and Replacements

     The lot owner shall be responsible for the maintenance of all landscaping.           The
     following requirements shall apply:

     A.    Landscape material shall not interfere with public utilities, restrict pedestrian or
           vehicular access or otherwise constitute a traffic hazard.

     B.    Within two (2) years of installation (or incorporation of existing vegetation), all
           trees, shrubs, ground covers and other plants materials shall be replaced if they
           fail to survive.

     C.    Replacement plants shall conform to the approved plan. Dead or unhealthy
           plants shall be replaced within the next planting season.

     D.    As part of Site Plan Review, a bond, escrow or other suitable guarantee shall be
           filed with the Zoning Inspector to ensure the landscape material is installed and
           maintained for a two (2) year period. No zoning certificate shall be issued until
           the bond, escrow or other suitable guarantee is received.


~150.504 Buffers and Screening

     This section is intended to buffer the effects of uses on adjacent properties by requiring
     a screen and/or buffer between uses in order to minimize the harmful impacts of noise,
     dust/debris, headlight glare and other objectionable activities by an adjoining or nearby

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                                Village of Swanton, Ohio 2010
      use. Any screening buffer area must be maintained in good order at all times by the
      owner of the property. When deemed necessary by the Planning Commission to
      provide a visual screen, additional landscaping or other improvements may be required.


      A.     Land Use buffers
             Where deemed necessary by the Planning Commission, any of the following
             may be required to ensure effective buffering and screening:

             1. A masonry wall or fence with a minimum height of six (6) feet with no
             openings;
             2. A solid six (6) foot high evergreen hedge with a minimum plant height at
             installation of at least three (3) feet;

             3. Any combination of the above; or

             4. Any alternative buffer of equal quality approved by the Planning Commission.


      B.     Dumpsters and Trash Receptacles

             1. Screening must be a minimum of six (6) feet in height.

             2. All sides of the dumpster must be screened.

             3. The screen must incorporate access to the dumpster by using a wooden
                fence or other opaque device to serve as a gate.

             4. Screening materials can be any combination of evergreen plantings,
                fence or wall structure.

             5. Dumpsters may not be in any required setbacks or landscape buffer and
                 shall be located as far away from residential areas as possible.

             6. Dumpsters and trash receptacles serving commercial or industrial uses
                 may not be located in residential districts.

(Adopting Ord. 2010-8, passed 3-22-10)


~ 150.999 Penalty

No person shall:

 A.   Use or occupy any land or place, build, erect, alter, remodel, restore or rebuild thereon
      any building or structure, or permit any building or structure to remain on such land or
      use, occupy or operate such building or structure, in any way or for any use or purpose
      which is not permitted by the provisions of this Zoning Code;


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                                   Village of Swanton, Ohio 2010
 B.    Aid, assist, or participate with any person placing, building, erecting, altering,
       remodeling, restoring or rebuilding any building or structure which is not permitted by
       the provisions of this Zoning Code;

 C.    Violate or fail to perform any condition, stipulation, or safeguard set forth in any permit
       issued pursuant to this Zoning Code or continue to use or occupy the premises or
       building as previously authorized by such permit beyond the duration limit therein
       stated;

 D.    Refuse to permit the Zoning Inspector or his assistants to enter any premises in the
       village to investigate a reported violation of the provisions of this Zoning Code;
 E.    Knowingly make any materially false statement of fact in an application to the Zoning
       Inspector or his assistants for a permit or in any plans or specifications submitted in
       relation to any application under this Zoning Code; or

  F.   Being an owner or lessee of any premises, knowingly suffer or permit a violation of this
       Zoning Code to occur or exist on such premises. Any person who violates any
       provisions for this section or other applicable sections of this Zoning Code shall be
       charged with a violation of this chapter for each such action or omission and upon
       conviction thereof shall be fined not more than $100 together with the costs of
       prosecution. Each day during which a violation continues shall be deemed a separate
       offense. The imposition of any sentence shall not exempt any offender from
       compliance with the provisions of this chapter.

(R.C. § 713.13) (Adopting Ord. 92-20, passed 9-28-92) (Ord. 87-36, passed 1-25-88)

                                   Chapter 151: Village of Swanton
                                    Subdivision Regulations


General Provisions

       151.100       Title
       151.110       Authority and Purpose
       151.120       Jurisdiction
       151.130       Administration
       151.140       Interpretation, Conflict and Separability
       151.150       Conformity to Development Plans and Zoning
       151.160       Modification of Regulations
       151.170       Amendments
       151.180       Effective Date


Definitions

       151.200       Definitions


Major Subdivision Procedures
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                            Village of Swanton, Ohio 2010

     151.300     Purpose
     151.310     Preapplication
     151.320     General Development Plan
     151.330     Submission to State Highway Director
     151.340     Preliminary Plat Procedure
     151.342     Preliminary Plat Application Fees
     151.344     Public Hearing
     151.350     Technical Design and Construction Plans
     151.360     Final Plat Procedure
     151.370     Replats, Subdivision Vacations
     151.380     Specifications of Documents to be Submitted
     151.381     Preapplication Conference Documents
     151.382     General Development Plan Documents
     151.383     Preliminary Plat Application Documents
     151.384     Technical Design and Construction Plan Documents
     151.385     Final Plat Documents

Minor Subdivision Procedures

     151.400            Purpose
     151.410            Administrative Waiver of Plat
     151.420            Appeal by Applicant
     151.430            Application
     151.440            Specifications of Documents to be Submitted


Subdivision Design Standards

     151.500            Purpose
     151.510            Site Design Standards
     151.515            Planned Unit Developments Encouraged
     151.520            Blocks
     151.530            Residential Development Lot Design
     151.540            Commercial and Industrial Development Lot Design
     151.550            Open Space and Recreation
     151.555            Landscaping
     151.560            Circulation System Design
     151.570            Commercial Street Design
     151.580            Industrial Street Design
     151.590            Utility and Drainage Easements


Improvement Standards

     151.600            Purpose
     151.610            Minimum Improvements
     151.620            Grading
     151.625            Erosion Control

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                            Village of Swanton, Ohio 2010
     151.630           Streets
     151.635           Street Lighting
     151.640           Sidewalks
     151.645           Parking
     151.650           Water Supply
     151.655           Fire Protection
     151.660           Sanitary Sewers
     151.670           Storm Water Management
     151.680           Monuments
     151.685           Telephone, Electric, and Other Utilities
     151.690           Improvement Guarantees

Enforcement and Penalties

     151.700           Enforcement
     151.710           Recording of Plat
     151.720           Revision of Plat After Approval
     151.730           Sale of Land Within Subdivisions
     151.740           Public Improvements
     151.750           Schedule of Fees, Charges, and Expenses
     151.760           Penalties Imposed by the Ohio Revised Code


APPENDIX I

     Forms

     1                 Application for Preliminary Plat Approval
     2                 Preliminary Plat Checklist
     3                 Application for Final Plat Approval




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                              Village of Swanton, Ohio 2010
                                  General Provisions

~ 151.100    Title

This ordinance shall be known and may be cited as the "Subdivision Regulations of
Swanton, Ohio" and shall be hereinafter referred to as "these Regulations".


~ 151.110    Authority and Purpose

      1. This ordinance is adopted pursuant to the authority granted to the Village of
      Swanton by Section 711 of the Ohio Revised Code.

      2. The purpose of these Regulations is to guide and regulate the planning,
      subdividing and development of land in order to promote and protect the public
      health, safety, and general welfare. It is intended that the provisions of these
      regulations shall be applied to achieve the following objectives:

             (a) Orderly development of land to obtain harmonious and stable
             neighborhoods.

             (b) Safe and convenient vehicular and pedestrian circulation.

             (c) Designs to allow ample public open spaces for schools, traffic, utilities,
             access for fire fighting equipment, adequate light and air, recreational and
             other public purposes.

             (d) Accurate surveying of land, and preparation and recording of plats.

             (e) The assurance that subdivision improvements are properly installed
             and completed in compliance with the regulations herein.

             (f) Insure the adequate provision of water, drainage, sanitary sewer
             facilities, and other health requirements.

             (g) Orderly development of land in accordance with zoning and Future
             Land Use Plans.


~ 151.120    Jurisdiction

These Regulations shall be applicable to all subdivisions of land hereinafter made
within the corporate limits of the Village of Swanton.


~ 151.130    Administration

These regulations shall be administered by the Village of Swanton Planning
Commission, the Village Administrator, Zoning Inspector and/or their representative(s).

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                             Village of Swanton, Ohio 2010
~ 151.140    Interpretation, Conflict and Separability

      1. In their interpretation and application, the provisions of these Regulations
      shall be held to be the minimum requirements. More stringent provisions may be
      required if it is demonstrated that different standards are necessary to promote
      the public health, safety and welfare.

      2. These regulations are not intended to repeal, abrogate, annul or in any
      manner interfere with any existing laws, covenants or rules provided. However,
      where the conditions imposed by any provisions of this ordinance are either
      more restrictive or less restrictive than comparable conditions imposed by any
      other provisions of this ordinance or of any other applicable law, ordinance,
      resolution, rule or regulation of any kind, the regulations which are more
      restrictive and impose higher standards or requirements shall govern.

      3. The provisions of this ordinance are separable. If a section, sentence,
      clause, phrase or other part of this ordinance is adjudged by a court of
      competent jurisdiction to be invalid, the decision shall not affect the remaining
      portions of this ordinance.


~ 151.150    Conformity to Development Plans and Zoning

      1. The arrangement, character, width and location of all arterial and collector
      thoroughfares or extensions thereof shall conform with the requirements of any
      adopted Major Thoroughfare Plan of the Village of Swanton. Thoroughfares not
      contained in the aforementioned plan shall conform to the recommendations of
      the Swanton Planning Commission based upon the design standards set forth
      within these Regulations and upon accepted engineering standards.

      2. No final plat of land within the municipality shall be approved unless it
      conforms with the Zoning Ordinance of the Village of Swanton.

      3. The Planning Commission shall follow the land use recommendations of the
      Future Land Use Plan of the Village of Swanton.


~ 151.160    Modification and Variance of Regulations

      1. Whenever a tract to be subdivided is of such unusual size or shape, or is
      surrounded by such development or unusual conditions that the strict application
      of the requirements of these Regulations would result in real difficulties,
      substantial hardship, or injustice, such requirements may be varied or modified
      so that the subdivider may subdivide his property in a reasonable manner.
      However, any variance granted shall promote the public welfare of the
      municipality and thoroughly protected surrounding properties; and the general
      intent and spirit of these Regulations shall be enforced.

      2. The requirements of these Regulations may also be modified and varied
      whenever the scope of a plat encompasses a complete neighborhood or
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                               Village of Swanton, Ohio 2010
       community, but any such plat shall conform to the Future Land Use Plan of the
       municipality. All land uses indicated in the Future Land Use Plan shall be
       incorporated on the plat and must conform, in general, to the areas of land
       usage as delineated and adopted by the Planning Commission and the Village
       Council. The Future Land Use Plan and any adopted Major Thoroughfare Plan
       shall be the guide for all future development or redevelopment in the
       municipality. Any such variance requested must insure that adequate public
       spaces, circulation, recreation, light and air will be provided and the needs of the
       entire community when fully developed and occupied will be met.


~ 151.170     Amendments

When necessary to further the purpose of this ordinance, the Council of the Village of
Swanton may, after a public hearing, amend, supplement or change these Regulations
upon the recommendation of the Planning Commission. Notice shall be given on the
time and place of such public hearing by publication in at least one (1) newspaper of
general circulation published in the local area, thirty (30) days prior to the date of such
hearing. The amendment or amendments shall be available in the office of the Village
Clerk for public examination during said thirty (30) days.


~ 151.180     Effective Date

These Regulations shall be effective following adoption by the Village Council and the
Planning Commission and certification to the Recorders of Fulton and Lucas Counties.
Henceforth, any other regulations for the subdivision of land previously adopted by the
Village Council and the Planning Commission shall be deemed to be repealed. These
Regulations shall in no way affect any subdivisions having received preliminary
approval by the Planning Commission prior to the effective date; provided however, that
no changes to the preliminary plan as approved are introduced by the subdivider.


                                        Definitions

151.200     Definitions

The following terms and words, which shall apply to and govern the rules and
regulations set forth herein, are defined as follows:

      1. Applicant: A developer or subdivider submitting an application for
development.

       2. Berm: A mound of soil, either natural or manmade, used to screen views.
       3. Bikeway: A pathway, usually separated from the roadway, designed
       specifically to satisfy the physical requirements of bicycling.

       4. Block: A piece or parcel of land entirely surrounded by public highways,
       streets, streams, railroad right-of-ways or parks, etc., or a combination thereof.

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                         Village of Swanton, Ohio 2010
5. Buffer: An area within a property or site, generally adjacent to and parallel with
the property line, either consisting of natural existing vegetation or created by the
use of trees, shrubs, fences, and/or berms, designed to limit continuously the
view of and/or sound from the site from adjacent sites or properties.

6. Common Open Space: Land within or related to a development, not
individually owned or dedicated for public use, which is designed, jointly owned
and intended for the common use or enjoyment of the residents of the
development. It may include complementary structures and improvements.

7. Concept Plan: See General Development Plan

8. Cul-de-Sac: The area provided for a vehicular turnaround at the end of a dead
end street. See Street

9. Curb: A vertical or sloping edge of a roadway.

10. Driveway: A paved or unpaved area used for ingress or egress of vehicles,
allowing access from a street to a building, structure or other facility.

11. Easement: The right of a person to use common land or private land owned
by another for a specific purpose, within which the owner of the property shall not
erect any permanent structures.

12. Escrow: A deed, bond, money, or piece of property held by a third person to
be delivered to a grantee only upon fulfillment of a condition.

13. Fence: An artificially constructed barrier of wood, masonry, stone, wire,
metal, or any other manufactured material or combination of materials.

14. Final Plat: The final map, drawing or chart on which a developer's plan of the
subdivision is presented to the Planning Commission for approval, and which, if
approved, will be submitted to the Recorder of Fulton or Lucas County.

15. Flood Plain: The relatively flat area or low lands adjoining the channel of a
river, stream, or water course, which has been or may be covered by flood
waters, more particularly that area designated by the Federal Emergency
Management Agency or other appropriate authority as a flood hazard area.

16. Future Land Use Plan: A Plan adopted by the Planning Commission which
indicates the general locations recommended for the various functional classes
of public works, places and structures and for the general physical development
of the Village and includes any unit or part of such plan separately adopted and
any amendment to such plan or parts thereof.

17. Frontage: See Lot Frontage
18. General Development Plan: A preliminary presentation and documentation of
a proposed subdivision or site plan of sufficient accuracy to be used for the
purpose of discussion and comment by the Planning Commission.

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                      Village of Swanton, Ohio 2010
19. Ground Cover: A planting of low-growing plants or sod that in time forms a
dense mat covering the area, preventing soil from being blown or washed away
and the growth of unwanted plants.

20. Gutter: A shallow channel usually set along a curb or the pavement edge of a
road for purposes of catching and carrying off runoff water.

21. Improvement: Any man-made, immovable item which becomes part of,
placed upon, or is affixed to, real estate.

22. Island: In street design, a raised area, usually curbed, placed to guide traffic
and separate lanes, or used for landscaping, signing, or lighting.

23. Lateral Sewers: Pipes conducting sewage from individual buildings to larger
pipes called trunk or interceptor sewers that usually are located in street rights-
of-way.

24. Law Director: The Solicitor or legal advisor of the Village of Swanton.

25. Lot: A designated parcel, tract or area of land established by plat,
subdivision, or as otherwise permitted by law, to be used, developed or built
upon as a unit.

26. Lot Area: The size of a lot measured within the lot lines and expressed in
terms of acres or square feet, excluding lands dedicated for use as street or road
right-of-ways or other public use.

27. Lot, Corner: A lot abutting on two (2) streets at their intersection, if the interior
angle of intersection is not more than one-hundred thirty-five (135) degrees.

28. Lot Depth: The distance measured from the front lot line to the rear lot line.
For lots where the front and rear lot lines are not parallel, the lot depth is
measured by drawing lines from the front to rear lot lines, at right angles to the
front lot line, every ten feet and averaging the length of these lines.

29. Lot, Double Frontage: see Lot, Through

30. Lot, Flag: A lot whose only frontage on a public street is through a narrow
strip of land which is generally wide enough to accommodate a driveway, but too
narrow to accommodate any structures.

31. Lot Frontage: The length of the front lot line measured at the street right-of-
way line.

32. Lot, Interior: A lot other than a corner lot.
3. Lot, Reverse Frontage: A through lot which is not accessible from one of the
parallel or non-intersecting streets upon which it fronts.

34. Lot, Through: A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
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                        Village of Swanton, Ohio 2010

35. Lot Width: The horizontal distance of a lot measured along the building line
at right angle to the mean lot depth line. Width at front lot line is measured along
the street line.

36. Maintenance Guarantee: Any security which may be required and accepted
by a governmental agency to ensure that necessary improvements will function
as required for a specific period of time.

37. Major Subdivision: A subdivision of land, also known as a platted subdivision,
as defined in Ohio Revised Code Section 711.001(B).

38. Minor Subdivision: A subdivision of land, also known as a Lot Split, as
defined in Ohio Revised Code Section 711.131, along an existing public street,
not involving the opening, widening or extension of any street or road, and
involving no more than five (5) lots after the original tract has been completely
subdivided.

39. Monument:

       Type A: A cylindrical concrete marker six (6) inches in diameter and thirty
       (30) inches in length with a one-quarter-inch (0.25) iron rod cast at the
       central axis of the cylinder. Such marker shall be placed in a vertical
       position with its top being level with the surface of the surrounding ground.
       Type B: A cylindrical concrete marker as described under Type A except
       that a machine type iron bolt (without nut) of one (1) inch diameter by
       twelve (12) inches in length shall be placed in a vertical position with the
       head of the bolt upward and level with the surface of the pavement. A
       point shall be marked on the head of the bolt to indicate the exact point
       referred to on the final plat.

40. Off-Site: Located outside the lot lines of the lot in question but within the
property (of which the lot is a part) that is the subject of a development
application, or on a contiguous portion of a street or right-of-way.

41. Off-Tract: Not located on the property that is the subject of a development
application, nor on a contiguous portion of a street or right-of-way.

42. Official Map: The map established by the Planning Commission showing the
streets, highways and parks laid out, adopted and established by law and any
amendments, by the Planning Commission or additions thereto resulting from
the approval of subdivision plats by the Planning Commission and the
subsequent filing of such approved plats.

43. Open Space: Land in a subdivision or development area not owned as
private land or occupied by dwellings created for common usage by restrictions,
easements, covenants or other conditions running with the land, and which is
held for the use and enjoyment by or for the owners or occupants of the
dwellings in a subdivision or development area.

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                        Village of Swanton, Ohio 2010
44. Owner: Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity having sufficient proprietary interest in
the land sought to be subdivided to commence and maintain proceedings to
subdivide the same under these Subdivision Regulations.

45. Performance Guarantee: Any security that may be accepted by a
municipality as a guarantee that the improvements required as a part of a
development are satisfactorily completed.

46. Planning Commission or Commission: The duly designated Planning
Commission of the Village of Swanton, Ohio.

47. Plat: A map of a lot, parcel, subdivision or development area on which the
lines of each element are shown by accurate distances and bearings.

48. Preliminary Plat: The preliminary map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Planning Commission
for its consideration.

49. Public Open Space: An open space area conveyed or otherwise dedicated to
a municipality, municipal agency, board of education, state or county agency, or
other public body for recreational or conservation proposes.

50. Right-of-Way: All of the land included within an area which is dedicated,
reserved by deed, or granted by easement for street purposes. Also, a strip of
land occupied or intended to be occupied by a street, crosswalk, railroad, road,
bikeway, electric transmission line, gas pipeline, water main, sanitary or storm
sewer main, shade trees, or for another special use.

51. Screening: A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction and/or noise
attenuation within a site or property.

52. Setback: The distance between the street right-of-way line and the front line
of a building or any projection thereof, excluding uncovered steps.

53. Sidewalk: A paved path provided for pedestrian use and usually located at
the side of a road within the right-of-way.

54. Street: Any vehicular way which: a) is an existing state, county or municipal
roadway; b) is shown on a plat approved pursuant to law; c) is approved by other
official action; or d) is shown on a plat duly filed and recorded in the office of the
County Recording Officer prior to the appointment of a Planning Board and the
grant to such Board of the power to review plats; and includes the land between
the street lines, whether improved or unimproved.

       (a) Alley: A minor way which is used primarily for vehicular service access
       to the back or the side of properties whose principal frontage is on some
       other street.

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                         Village of Swanton, Ohio 2010
       (b) Arterial Street: A principal or heavy traffic street of considerable
       continuity and used primarily as a traffic artery.

       (c) Collector Street: A street which carries traffic from minor streets to
       arterial streets or major thoroughfares, including the principal entrance
       streets of a residential development and principal streets for circulation
       within such a development.

       (d) Cul-de-Sac Street: A street which connects with another street at one
       end and dead end at the other end which allows space for the turning of
       vehicles.

       (e) Half-Street: A dedicated but unimproved street of half the normal
       width, located on the perimeter of a parcel and intended for future
       improvement.

       (f) Local Street: A street primarily for access to abutting residential
       properties and to serve local needs.

       (g) Major Street: A public street which is primarily for moving fast, heavy
       traffic between large or intensively developed districts.
       (h) Marginal Access Street: A service street that runs parallel to a higher-
       order street which, for purposes of safety, provides access to abutting
       properties and separation from through traffic. Street may be designed as
       a residential access street or subcollector as anticipated daily traffic
       dictates.

       (i) Stub Street: A portion of a street for which an extension has been
       proposed and approved. Street may be permitted when development is
       phased in over a period of time, but only if the street in its entirety has
       been approved in the preliminary plan.

55. Subdivider: Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity commencing proceedings under these
Subdivision Regulations to effect a subdivision of land hereunder for himself or
for another.

56. Subdivision: The division of any parcel of land shown as a unit or as
contiguous units on the last preceding tax roll, into two or more parcels, sites or
lots, any one of which is less than five acres for the purpose, whether immediate
or future, of transfer of ownership, provided, however, that the division or
partition of land into parcels of more than five acres not involving any new streets
or easements of access, and the sale or exchange of parcels between adjoining
lot owners, where such sale or exchange of parcels between adjoining lot
owners, where such sale or exchange does not create additional building sites,
shall be exempted.

57. Village: The Village of Swanton, Fulton County, Ohio.

58. Village Engineer: the engineer hired by the Village of Swanton.
                                    305
                              Village of Swanton, Ohio 2010

       59. Wye: A Y-branch or Y-fitting. In a plumbing system, a branch in the shape of
       the letter Y.



                            Major Subdivision Procedures


~ 151.300     Purpose

The purpose of this section is to establish the procedure for Planning Commission
review and action on applications for subdivisions as defined by Ohio Revised Code
Section 711.001 and elsewhere. The procedure is intended to provide orderly and
expeditious processing of such applications.



~ 151.310     Preapplication Conference

For the purpose of expediting applications and reducing subdivision and site plan
design and development costs, the subdivider is encouraged to meet with the Planning
Commission's designated representative(s) or the Village Zoning Inspector prior to
submitting a Preliminary Plat. This pre-application conference is an opportunity for the
subdivider, the Planning Commission representative(s), Village Zoning Inspector or
other Village officials to informally discuss the purpose and effect of these regulations,
the criteria and standards contained therein; and to familiarize the developer with the
Future Land Use Plan, the zoning ordinance and the drainage, sewerage, and water
systems for the Village.

~ 151.320     General Development Plan

       1. In addition or as an alternative to the pre-application conference, at the
       request of the applicant, the Planning Commission shall grant an informal review
       of a General Development Plan, or a concept plan, for a development for which
       the applicant intends to prepare and submit an application for development. The
       purpose of the concept plan is to provide Planning Commission input in the
       formative stages of subdivision and site plan design.

       2. Applicants seeking informal review of a General Development Plan shall
       submit a sketch plan of the proposed subdivision containing the items specified
       in Section 151.382 of these Regulations.

       3. The applicant shall not be bound by any concept plan for which review is
       requested, nor shall the Planning Commission be bound by any such review.


~ 151.330     Submission to State Highway Director


                                           306
                                Village of Swanton, Ohio 2010
Before any plat is approved affecting any land within three hundred ('300) feet of the
centerline of a proposed new highway or a highway for which changes are proposed as
described in the certification to local officials by the State Highway Director of any land
within a radius of five hundred (500) feet from the point of intersection of said centerline
with any public road or highway, the Commission shall give notice, by registered or
certified mail to the Highway Director. The Commission shall not approve the plat for
one-hundred-and-twenty (120) days from the date the notice is received by the Highway
Director. If the Highway Director notifies the Commission that he shall proceed to
acquire the land needed, then the Commission shall refuse to approve the plat. If the
Highway Director notifies the Commission that acquisition at this time is not in the public
interest or upon the expiration of the one-hundred-and-twenty (120) day period or any
extension thereof agreed upon by the Highway Director and the property owner, the
Commission shall, if the plat is in conformance with all provisions of these regulations,
approve the plat.


~ 151.340     Preliminary Plat Procedure

       1. The subdivider shall prepare and file an application for Preliminary Plat
       approval with the Planning Commission according to the standards and the
       provisions of these Regulations, including all documents specified in Section
       151.383 of these Regulations. The Preliminary Plat shall be considered officially
       filed on the date that the completed application, together with all required copies
       and filing fees, is received by the Planning Commission, and shall be so dated.

       2. The application for Preliminary Plat approval must be filed on the form
       provided in Appendix I of these Regulations.

       3. Seven (7) copies of the Preliminary Plat shall be submitted to the designated
       representative of the Planning Commission at least two weeks prior to the
       regular Planning Commission meeting at which action is sought.

       4. If the subdivision lot areas or uses do not conform with the existing zoning
       classification, a petition to rezone must be submitted by the property owner and
       acted upon by the Village Council prior to the consideration of a Preliminary Plat.

       5. The Planning Commission shall approve or disapprove the Preliminary Plat
       within forty-five (45) days after its submission to the Planning Commission.

       6. One print with the signature of the Chairman of the Planning Commission shall
       be returned to the applicant when the Preliminary Plat is approved. Conditional
       approval, subject to changes marked on the print and/or on any attachments
       thereto, may be granted by the Planning Commission.

       7. Approval of the Preliminary Plat by the Planning Commission shall constitute
       authority for the subdivider to proceed with the preparation of the Technical
       Design and Construction Plans and the Final Plat, and shall guarantee that the
       terms under which the approval was granted will not be affected by changes to
       these Regulations.

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                              Village of Swanton, Ohio 2010
      8. The approval of a Preliminary Plat shall be effective for a period of twelve (12)
      months unless, upon application of the subdivider, the Planning Commission
      grants an extension. Upon the grant of an extension or extensions, the
      Preliminary Plat approval shall be valid for a maximum period of thirty-six (36)
      months. If a Final Plat has not been submitted within this time limit, the
      Preliminary Plat must again be submitted to the Planning Commission for
      approval.


~ 151.342     Preliminary Plat Application Fees

The applicant shall accompany the application for Preliminary Plat approval with a fee
to cover the expenses of the Village in reviewing such plats. Said fee shall be paid to
the Village Administrator, and shall be in such an amount as shall be determined by
ordinance of Council. A schedule of filing fees shall be posted in the Village
Administrative Office. No application for Preliminary Plat approval will be accepted
without the total filing fee due.


~ 151.344     Public Hearing

The Planning Commission may, on its own initiative or upon petition by a citizen or
neighboring property owner and prior to acting on a Preliminary Plat of a subdivision,
hold a public hearing thereon at such time and upon such notice as the Commission
may designate.


~ 151.350    Technical Design and Construction Plans

      1. Prior to the filing of the Final Plat, the subdivider shall present to the Planning
      Commission, Village Zoning Inspector or its designee an application for
      Technical Design and Construction Plan approval, provided in Appendix I of
      these Regulations for all utilities and street improvements. All documents
      required by Section 151.384 of these regulations must be submitted. The
      Technical Design and Construction Plans may be submitted simultaneously with
      the Preliminary Plat or they may be submitted subsequent to the approval of the
      Preliminary Plat.

      2. The Commission shall forward copies of the Technical Design and
      Construction Plans to such officials and agencies as may be necessary for the
      purpose of study and recommendation. These shall include the Village
      Engineer, Village Zoning Inspector, the appropriate County Engineer or Sanitary
      Engineer, or the appropriate Board of Health.

      3. After receipt of written reports from such officials and agencies, the
      Commission shall determine whether the Technical Design and Construction
      Plans shall be approved, approved with modification, or disapproved. If
      disapproved, the reasons for disapproval shall be stated in writing. The
      Commission shall act on the Technical Design and Construction Plans within

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                               Village of Swanton, Ohio 2010
      forty five (45) days unless such time is extended by agreement with the
      subdivider.

      4. No improvements or utilities shall be installed prior to approval of the
      Technical Design and Construction Plans.


~ 151.360    Final Plat Procedure

      1. An applicant requesting approval of a Final Plat shall submit to the Planning
      Commission or its designee an application for Final Plat approval, as provided in
      Appendix I of these Regulations, and seven (7) copies of the Final Plat, prepared
      in conformance with the requirements of Section 151.385 of these Regulations.
      The Final Plat shall have incorporated all changes or modifications to the
      Preliminary Plat required by the Planning Commission, otherwise it shall conform
      to the Preliminary Plat. The Final Plat may constitute only that portion of the
      approved Preliminary Plat which the subdivider proposes to record and develop
      at the time, provided that such portion conforms with all requirements of these
      Regulations.

      2. The Final Plat application shall be accompanied by a statement from the
      Director of Public Works that the Village is in receipt of as-built plans showing all
      streets and utilities in exact location and elevation and identifying those portions
      already installed and those to be installed. If a performance guarantee is
      required by Section 151.690 of these Regulations, certification of compliance
      with those requirements shall also be submitted.

      3. The Final Plat shall be considered officially filed on the date that the
      completed application, together with all required copies and additional
      information, is received by the Planning Commission, and shall be so dated.

      4. The Final Plat application shall be filed at least two weeks prior to the regular
      Planning Commission meeting at which action is sought.

      5. The Commission shall approve or disapprove the Final Plat within forty-five
      (45) days after it is filed. Failure of the Commission to act upon the Final Plat
      within such time shall be deemed as approval of the Plat. If the Plat is
      disapproved, the grounds for disapproval shall be stated in the records of the
      Planning Commission, and a copy of said record shall be forwarded to the
      subdivider. The Planning Commission shall not disapprove the Final Plat if the
      developer has met all of the requirements of the Commission and has proceeded
      in accordance with the conditions and standards specified in the Preliminary Plat.

      6. The subdivider shall be notified of the final action of the Planning Commission,
      and the subdivider shall record the final plat with the appropriate County
      Recorder within sixty days after the date of approval; otherwise, the plan shall be
      considered void. The subdivider shall, immediately upon recording, furnish the
      Planning Commission with mylars and photostats of the recorded plat as may be
      required.

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                             Village of Swanton, Ohio 2010
~ 151.370     Replats, Subdivision Vacations

A subdivider proposing the (major) resubdivision of a plat previously recorded in the
office of the County Recorder shall follow the same procedure as for a new plat, except
that a preliminary map may not be necessary if changes in street alignment or like
changes are not included in the proposal. Proposals for subdivision vacations/
abandonments shall meet the requirements of the Ohio Revised Code, including
Sections 711.17 to 711.23, inclusive. Plats of street openings, widenings, and
extensions; open spaces for common use by owners, occupants, or lease holders; and
easements for the extension and maintenance of public sewer, storm sewer drainage,
or other public utilities shall have the same plat requirements as stated above.

~ 151.380     Specifications of Documents to be Submitted

The documents to be submitted are intended to provide the Planning Commission and
other review authorities with sufficient information and data to insure compliance with all
municipal codes and specifications and ensure that the proposed development meets
the design and improvement standards contained in these Regulations.

In specific cases and for documented reasons, the Planning Commission may waive
the submission of a particular document. The reasons for the waiver shall be indicated
in the minutes of the Planning Commission.


~ 151.381     Pre-application Conference Documents

No specific documents are required for a Preapplication Conference, but sufficient
information to evaluate the development proposal should be provided.


~ 151.382     General Development Plan Documents

An applicant seeking informal review of a General Development Plan shall submit a
sketch plan containing the following information:

       1. The name of the proposed subdivision, the scale of the sketch plan, a north
       arrow, and the date of the sketch.
       2. The names, addresses, and phone numbers of each owner and developer
       involved.

       3. The layout and acreage of streets, residential lots, open space and any other
       nonresidential land uses within the subdivision.

       4. The location of all public utilities in the proposed subdivision, if available, or
       the location of the nearest sources for water and public facilities for the disposal
       of sewage and storm water.

       5. The proposed subdivision in relation to existing community facilities,
       thoroughfares and other transportation modes, residential developments, and

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                                Village of Swanton, Ohio 2010
      existing natural and man-made features such as soil types, drainage, vegetation,
      contours, and utilities in the area.


~ 151.383    Preliminary Plat Application Documents

An applicant seeking review of a Preliminary Plat shall submit the following required
documents:

      1. A completed Preliminary Plat application and Preliminary Plat checklist, as
      provided in Appendix I of these Regulations, together with all attachments
      required on the application.

      2. A Preliminary Plat prepared by a registered engineer or surveyor and drawn at
      a scale not less than one hundred (100) feet to the inch on one (1) or more
      sheets not larger than 24 x 36 inches in size. The Preliminary Plat shall contain
      the following information:

             (a) Proposed name of the subdivision. The name shall not duplicate, be
             the same in spelling, or alike in pronunciation with any other recorded
             subdivision.

             (b) Location by section, town, range, township, county and state.

             (c) Names and addresses of the subdivider, owner and surveyor.

             (d) Scale of the plan, north point and date.

             (e) Boundaries of the subdivision indicated by a heavy line and the
             approximate acreage.

             (f) Location, widths and names of existing or platted streets, railroad
             rights-of-way, easements, parks, permanent buildings, and section and
             corporation lines within or adjacent to the tract.

             (g) Existing sewers, water mains, culverts, or other underground facilities
             and open drainage ditches in and within close proximity to the tract,
             indicating size, depth, flow and location.

             (h) Names of adjacent subdivisions and owners of adjoining parcels of
             nonsubdivided land.

             (i) Zoning Districts.

             (j) Existing contours at two (2) foot intervals reference to sea level datum.

             (k) Wooded areas, power transmission poles and lines, and any other
             significant items not otherwise listed here.

             (l) Vicinity sketch.
                                           311
                              Village of Swanton, Ohio 2010

             (m) Layout of proposed streets, their proposed names and widths, and the
             widths of proposed alleys, crosswalks and easements.

             (n) Layout, numbers, dimensions and area of lots or parcels with
             appropriate designations.

             (o) Proposed building setback lines, showing dimensions.

             (p) Location of sidewalks and ramps.

             (q) Location and design of all street lights.

             (r) Style of driveways in Residential Subdivisions.

             (s) Diagram of the layout of the proposed sewer and water facilities, if any.

             (t) Diagram of proposed drainage development including streets and lots
             with indication of their outlet into existing facilities.

             (u) In critical areas, high water levels and areas subject to flooding are to
             be indicated.

             (v) All parcels of land intended to be dedicated or temporarily reserved for
             public use, or to be reserved in the deeds for the common use of property
             owners in the subdivision, with the purpose, condition or limitation of such
             reservation indicated.

             (w) Screen planting plan, if any.

      3. A statement of the proposed use of lots, stating the type of residential
      buildings and the number of proposed dwelling units, and/or the type of business
      or industry proposed shall be submitted. (Ord. 99-7, passed 4-26-99)

~ 151.384    Technical Design and Construction Plan Documents

An applicant seeking review of Technical Design and Construction Plans shall submit
the following required documents, prepared by a registered engineer or surveyor and
drawn at a scale not less than fifty (50) feet to the inch on one (1) or more sheets not
larger than 24 x 36 inches in size, in addition to the application for Technical Design
and Construction Plan review:

      1. Profiles showing existing and proposed elevations along centerlines of all
      roads. Where a proposed road intersects an existing road or roads, the
      elevation along the centerline of the existing road or roads within one hundred
      (100) feet of the intersections shall be shown. Approximate radii of all curves,
      lengths of tangents, and central angles on all streets shall be shown.

      2. Plans and profiles, construction details and quantities, showing the locations
      and typical cross-section of:
                                           312
                               Village of Swanton, Ohio 2010

              (a) street pavements including curbs and gutters, sidewalks, drainage
              easements, rights-of-way, manholes, and catch basins;

              (b) the location of street lighting standards and street signs;

              (c) the location, size and invert elevations of existing and proposed
              sanitary sewers, storm water drains, and fire hydrants, showing
              connection to any existing or proposed utility systems; and

              (d) the exact location of all water, gas, or other underground utilities or
              structures.

       3. Location, size, elevation, and other appropriate description of any existing
       facilities or utilities, including, but not limited to:

              (a) existing streets, sewers, drains, water mains, easements, water
              bodies, streams, swamps, railroads, buildings and other pertinent
              features;

              (b) the water elevations of adjoining lakes or streams at the date of the
              survey, and the approximate high water elevations, referred to the
              U.S.G.S. datum. If the subdivision borders a stream or open ditch the
              distances and bearings of a meander line established not less than twenty
              (20) feet from the ordinary high water mark of such waterway shall be
              shown.

       4. All specifications and references required by the Village's construction
       standards and specifications, including a site grading plan for the entire
       subdivision.

      5. Additional plans, specifications, profiles or details necessary to insure
      compliance with the requirements of these Regulations.
~ 151.385   Final Plat Documents

An applicant seeking review of a Final Plat shall submit the following required
documents:

       1. A completed Final Plat application and Final Plat checklist, as provided in
       Appendix I of these Regulations, together with all attachments required on the
       application.

       2. A Final Plat prepared by a registered engineer or surveyor and drawn at a
       scale not less than one hundred (100) feet to the inch. A Final Plat of a
       subdivision located in Fulton County shall be submitted on one (1) or more
       sheets 18 x 24 inches in size. A Final Plat of a subdivision located in Lucas
       County shall be submitted on one (1) or more sheets 20 x 30 inches in size. The
       final plat shall be clearly and legibly drawn in ink on mylar. The Final Plat shall
       contain the following information:

                                            313
                      Village of Swanton, Ohio 2010
      (a) name of the subdivision;

      (b) location by section, town, range, township, county, state;
      (c) the scale, date and north point;

      (d) all plat boundaries with length of courses in feet and hundredths and
      bearings to half minutes. When required by the Village Engineer, all
      calculations and filed notes shall be submitted.

      (e) bearings and distances to the nearest established street lines, section
      corners or other recognized permanent monuments, which shall be
      accurately described on the plat;

      (f) village, township, county or section lines accurately tied to the
      subdivision by distances and bearings;

      (g) location, names and widths of streets within the plat;

      (h) length of all arcs, chord bearings, radii, internal angles, points of
      curvature and tangent bearings;

      (i) all easements for right-of-ways providing for public services or utilities,
      and any limitations of such easements;

      (j) all lot numbers and lines, with accurate dimensions in feet and
      hundredths, and with bearings or angles to street and alley or crosswalk
      lines;

      (k) accurate location of all monuments;

      (l) accurate outlines of any areas to be dedicated or temporarily reserved
      for public use with the purpose indicated thereon;

      (m) building setback lines, with dimension.

      (n) When lots are located on a curve or when side lot lines are at angles
      other than ninety (90) degrees, the width at the building line shall be
      shown.

3. A notation of any deed restrictions or covenants shall be included on the Final
Plat

4. The following certifications, where appropriate, shall be affixed to the Final
Plat:
       (a) Owner(s)
              I (we), the undersigned, owner(s) of the property hereon described,
       do hereby adopt (name of subdivision) as shown on this plat, establish
       lines as shown, and dedicate to public use the streets and rights-of-way
       as shown. I (we) do hereby establish easements as shown hereon, for
       the purpose of permitting the construction, installation, relocation and
                                     314
                               Village of Swanton, Ohio 2010
             maintenance of public or quasi-public utility facilities thereon.
             Maintenance shall include the right to remove any branches or other
             growth or obstructions that might interfere with the construction,
             maintenance or safe operation of utility lines or drainage facilities. I (we)
             further certify that I (we) will improve this subdivision with the following
             installations (statement of the specific sewer, water, pavement and other
             improvements to be installed, if appropriate).


WITNESSES:                                                     OWNERS:




             (b) Notary (for Owner's signature(s))

      State of Ohio
      County of     )      Ss

On this         day of                               , 20     , before me personally
appeared                                            , and acknowledged the signing this
plat to be his (her, their) free act and deed for the purposes herein mentioned. Witness
my hand and seal the day and year written above.

             (c)    Surveyor

               I hereby certify that during                       20     , I surveyed the
property hereon described subdividing same into lots numbered consecutively from
                to                    , inclusive. Distances are given in feet and decimal
parts thereof. Concrete monuments have been set at each change in direction of the
boundary of the plat and marked thus             . Additional monuments marked thus are to
be set after the street improvements have been made.

                                  Registered Surveyor No.



             (d)    Swanton Planning Commission

      We hereby certify that this plat is approved by the Swanton Planning
Commission and is in accordance with subdivision rules and regulations as approved
by such Commission and the Council of the Village of Swanton. Signed this        day
of                         ,20       .



                                         Chairman, Swanton Planning Commission
                                          315
                              Village of Swanton, Ohio 2010



             (e)    Representative of Village of Swanton

        I, the Designated Representative of the Village of Swanton, Ohio hereby certify
that I have reviewed this plat and find it in accordance with subdivision rules and
regulations as approved by the Swanton Planning Commission and the Council of the
Village of Swanton, and hereby approve this plat on this          day of
20       . *Approval of this plat for recording does not constitute an acceptance of the
dedication of any public street, road, or highway dedicated on such plat.*


                                                       Village of Swanton



* This statement does not need to be included if the statement in (f) below is included.

             (f) Dedication of Streets

       (Not to be included unless all streets are ready for acceptance for public use)
       I find that the streets shown on this plat have been constructed in accordance
with the specifications shown hereon and are in good repair and such streets are
hereby accepted for public use pursuant to Ohio Revised Code, Section 711.091 on
this         day of                         20       .



                                                      Village of Swanton



      (g) Office of the Fulton County Auditor
              (to be used if the subdivision is located within Fulton County)
      Transferred this          day of                           20     .



                                                 Fulton County Auditor



             (h) Office of the Lucas County Auditor
             (to be used if the subdivision is located within Lucas County)
      This plat has been submitted for the purpose of appraisement this          day of
                     , 20      .


                                                 Lucas County Auditor
                                           316
                       Village of Swanton, Ohio 2010


      (i) Office of the Lucas County Tax Map Department
      (to be used if the subdivision is located within Lucas County)

Ownership of the property comprising this plat is correctly shown.



                                          Lucas County Tax Map Department




      (j) Office of the Fulton County Recorder
      (to be used if the subdivision is located within Fulton County)

      Filed for record this       day of                      , 20      , at
M. Recorded in Plat Cabinet         ,Slides        , Record of Plats.



                                          Fulton County Recorder


      (k) Office of the Lucas County Recorder
      (to be used if the subdivision is located within Lucas County)

Received for record this      day of                          , 20      at
  M. Recorded in Volume                , pages                , Book of Plats.



                                          Lucas County Recorder




                                    317
                              Village of Swanton, Ohio 2010
                            Minor Subdivision Procedures

~ 151.400     Purpose

The purpose of this Article is to establish the procedure for Planning Commission
review and action on applications for minor subdivisions as defined by Ohio Revised
Code Section 711.001, Section 711.131 and Section 151.200(38) of these Regulations.
The procedure is intended to avoid the necessity of the platting procedures in certain
situations and in no manner replaces the procedure for lot splits contained in Section
150.025, Codified Ordinances of the Village of Swanton.


~ 151.410    Administrative Waiver of Plat

      1. Administrative waiver of a minor subdivision without the necessity of the
      platting procedure may be granted by the Village Planning Commission or its
      designated representative(s) if the proposed division of a parcel of land meets all
      of the following conditions:

             (a) The proposed subdivision is located along an existing public road and
             involves no opening, widening, or extension of any street or road, and in
             the case of residential lots, does not involve an easement of access.

             (b) No more than five (5) lots are involved after the original parcel has
             been completely subdivided.

             (c) The proposed subdivision is not contrary to applicable subdivision or
             zoning regulations.
             (d) The physical characteristics of the property are suitable for building
             sites.

      2. The Planning Commission or their designee shall, within seven (7) working
      days after submission, notify the subdivider of the administrative waiver of plat
      decision and of the next scheduled Planning Commission meeting, at which time
      the application shall be reviewed by the Commission for compliance with all
      applicable subdivision and zoning regulations.

~ 151.420    Appeal by Applicant

An applicant who has been denied administrative waiver of plat may, within thirty (30)
days of the denial, file an appeal with the Planning Commission. Within thirty (30) days
of the appeal filing, the Planning Commission shall review the action and affirm or
reverse the administrative action. Waiver of plat shall be given only if all applicable
subdivision, zoning, drainage and health requirements have been met.


~ 151.430    Application
      1. An application for waiver of plat of the minor subdivision shall be submitted on
      the form contained in Appendix I of these Regulations. The completed

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                            Village of Swanton, Ohio 2010
      application must be submitted along with the minor subdivision plan and other
      required supplementary information, as specified in Section 151.440 of these
      Regulations.

      2. The application for minor subdivision waiver of plat must be accompanied by a
      filing fee, as established by the Village Council, and posted in the Municipal
      Building. No application for minor subdivision waiver of plat will be accepted
      without the total filing fee due.


~ 151.440   Specifications of Documents to be Submitted

      1. The subdivider shall submit a minor subdivision plan, prepared by a registered
      professional surveyor, and containing the following information:

            (a) Name of the subdivider; location by section, range and township, or by
            parcel number; date; north arrow; scale; and acreage to the nearest
            hundredths of an acre.

            (b) Abutting streets.

            (c) The seal of the registered professional surveyor who prepared the
            minor subdivision plan.

      2. In addition, any of the following information may be required by the Planning
      Commission on the basis of the characteristics of the subject property:

            (a) If a sewage treatment system other than a connection to the public
            sewer system is proposed, a statement from Village authorities that such
            sewage treatment system is permitted.

            (b) Approval by the appropriate Health Department if on-site sewage
            disposal systems are proposed.

            (c) Lot grading and drainage plan, illustrating a plan for the handling of
            surface and subsurface drainage, showing proposed finished grade
            elevations; the type, size, location and outlet of all existing and proposed
            drainage systems; swales; easements; and the proposed ground cover.

            (d) Existing buildings, utilities, and easements if applicable.

            (e) Spot elevations.

            (f) One hundred (100) year flood plain elevations and delineations.

            (g) Other information as deemed necessary by the designated
            representative of the Planning Commission in order to insure the creation
            of adequate building sites and to promote the public health, safety and
            welfare.
                           Subdivision Design Standards
                                         319
                              Village of Swanton, Ohio 2010

~ 151.500    Purpose

The purpose of this Article is to establish standards for subdivision layout and
improvements design that will create functional and attractive developments, minimize
adverse impacts, and insure that proposed subdivisions will be an asset to the Village.
To promote this purpose, the subdivision shall conform to the following standards,
which are designed to result in a well planned community without adding unnecessarily
to development costs.


~ 151.510    Site Design Standards


      1. Design of the development shall take into consideration all existing local and
      regional plans for the municipality and the surrounding community.

      2. To the maximum extent practicable, development shall be located to preserve
      the natural features of the site, to avoid areas of environmental sensitivity, to
      minimize negative impacts and alteration of natural features, and to preserve
      historically significant structures and sites.

      3. Development shall be designed to avoid construction on steep slopes in
      excess of twenty (20) percent as measured over a ten (10) foot interval unless
      appropriate engineering measures concerning slope stability, erosion, and
      resident safety are taken into consideration.

      4. The development shall be laid out to avoid adversely affecting ground water
      and aquifer recharge; to reduce cut and fill; to avoid unnecessary impervious
      cover; to prevent flooding; to provide adequate access to lots and sites; and to
      mitigate adverse effects for shadow, noise, odor, traffic, drainage, and utilities on
      neighboring properties.

      5. Variations, exceptions and/or modifications of these Regulations may be
      made by the Planning Commission in specific cases where it is deemed that
      unusual topographical or other exceptional conditions require such modification
      or adjustment of these Regulations, or for special developments of rental units or
      new concepts of solar orientation or other methods of platting, provided that such
      plats are self-contained and do not encroach unfavorably on or interfere with the
      normal development of abutting properties.

      6. If the Planning Commission finds that land proposed to be subdivided is
      unsuitable for development due to flooding, inadequate drainage, topography,
      inadequate water supply, inadequate sanitary sewage disposal, schools,
      transportation facilities or other such conditions which may endanger health, life,
      or property; and if from investigations conducted by various public agencies
      concerned, it is determined that in the best interest of the public, the land should
      not be developed for the purpose proposed, the Planning Commission shall not
      approve the land for subdivision.

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~ 151.515    Planned Unit Developments Encouraged

The Planned Unit Development (PUD) approach to development is encouraged by the
Planning Commission. These regulations may be modified by the degree necessary to
accomplish the objectives and standards required by the planned unit development of
residential, commercial or industrial subdivisions, or a mixture thereof, in accordance
with the provisions of the zoning resolution. Nothing within this section, however, shall
exempt the developer from the requirements of subdivision plat approval as specified in
Section 151.300 through 151.385 of these Regulations. All Planned Unit Developments
will be under the jurisdiction of the Planning Commission.


~ 151.520    Blocks

      1. Blocks shall be designed to accommodate lots of a size and character
      required for the zoning district in which the development is located and to provide
      convenient circulation, service and safety on boundary streets. The blocks shall
      be designed so that the rear lot lines shall coincide with drainage courses,
      railroads and divisions in land uses.

      2. The maximum length of blocks shall be one thousand three hundred and
      twenty (1,320) feet. The Planning Commission may require a crosswalk at
      approximately the center of the block in blocks that exceed nine hundred (900)
      feet in length.

      3. The width of blocks shall be sufficient to provide for an ultimate development
      of two (2) tiers of lots between streets and eliminate double frontage lots. A
      single tier of lots, having a greater depth than the required minimum, may be
      required to separate residential development from major or arterial streets,
      adjoining nonresidential land uses, or unusual topographic or natural features.
      An easement of at least ten (10) feet in width for screening, which shall not be
      transversed by vehicles, may be required along the lots abutting such a major or
      arterial street or nonresidential land use.

      4. Where all or part of a subdivision is adjacent to or in the vicinity of a primary or
      secondary street, the greater dimension of blocks shall generally parallel the
      primary or secondary streets to avoid unnecessary ingress and egress.
      5. Blocks for multi-family residential, commercial or industrial uses shall be
      adequate to accommodate the building sites and provide the yards, service
      drives, off-street parking and other required facilities.




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                             Village of Swanton, Ohio 2010
~ 151.530    Residential Development Lot Design
      1. The lot arrangement and design shall be such that all lots provide satisfactory
      and desirable building sites, properly related to topography and the character of
      the surrounding development.

      2. All lots shall conform to or exceed the requirements of these Regulations and
      the zoning requirements for the district in which they are located and the use for
      which they are intended.

      3. All side lines of lots shall be at right angles to straight street lines and radial to
      curved street lines, except where the Planning Commission determines that a
      variation to this rule provides a better street and lot layout.

      4. Lots with double frontage shall be avoided except where the Planning
      Commission determines that double frontage lots are essential to provide
      separation of residential development from arterial streets or nonresidential land
      uses, as provided in Section 151.520(3) of these Regulations.

      5. Corner residential lots shall have extra width sufficient to maintain building
      lines on both streets, as required by the Swanton Village Zoning Ordinance.

      6. All lots shall abut on a dedicated street.

      7. Utility easements should generally follow rear lot lines, where it is not
      practicable to install utilities within the road right of way, and provide continuous
      easement to public ways.

      8. Lot areas computed for the purpose of meeting minimum requirements listed
      above shall not include lands dedicated for use as street or road right-of-ways or
      other public use.


~ 151.540    Commercial and Industrial Development Lot Design

      1. A commercial subdivision may show lots which need not conform to any
      minimum width or area, except those required in the zoning ordinance, but such
      subdivisions shall show the location within which buildings may be erected and
      the area that is to be reserved for off-street parking and service areas.

      2. The location for vehicular movements between the subdivision and adjacent
      streets shall be indicated, and restrictions shall be recorded upon the plat which
      will restrict such vehicular movement to the location shown on the plat.

      3. Easements may be required providing for vehicular movements through
      parking areas and to and from service areas, as well as easements which can be
      improved as buffer areas wherever the area adjoins property zoned for
      residential use. The installation of plantings, walls, fences, or other
      improvements that will assure a satisfactory buffer or protective screen within
      such easement may be required.
~ 151.550   Open Space and Recreation
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                              Village of Swanton, Ohio 2010

      1. Where the subdivision contains a street, park, school or other public area
      which is shown upon the Future Land Use Plan as intended for public ownership,
      all or part of such area shall either be dedicated to the proper public agency or it
      shall be reserved for acquisition, within a specified period by purchase or other
      means and an agreement shall be entered into between the subdivider and the
      proper public agency regarding the time and method of acquisition and the cost
      thereof, or an agreement shall be made by the appropriate public agency upon
      an alternate location that is satisfactory to the Planning Commission.

      2. Due regard shall be shown for the preservation of outstanding natural and
      cultural features such as scenic spots, watercourses, historic sites, and
      substantial stands of trees.


~ 151.555    Landscaping

      1. Reasonable landscaping should be provided at site entrances, in public areas,
      and adjacent to buildings. The type and amount of landscaping required shall be
      allowed to vary with the type of development.

      2. The plant or other landscaping material that best serves the intended function
      shall be selected. Landscaping materials shall be appropriate for the local
      environment, soil conditions, and availability of water. The impact of the
      proposed landscaping plan at various time intervals shall also be considered.


~ 151.560    Circulation System Design

      1. The road system shall be designed to permit the safe, efficient, and orderly
      movement of traffic to meet, but not exceed, the needs of the present or future
      population to be served; to have a simple and logical pattern; to respect natural
      features and topography; and to present an attractive streetscape.

      2. In residential subdivisions, the road system shall be designed to serve the
      needs of the neighborhood and to discourage use by through traffic.

      3. The pedestrian system shall be located as required for safety and shall meet
      all applicable Village ordinances. In conventional developments, walks shall be
      placed parallel to and along both sides of all streets, with exceptions permitted to
      preserve natural features or to provide visual interest. In Planned Unit
      Developments, walks may be placed away from the road system, but they may
      also be required parallel to the street for safety reasons.

      4. Bikeways, greenways, hiking trails or other alternative pedestrian linkages
      should be provided where a connection to an existing system is readily available.

      5. New streets shall be a continuation of existing streets or provide a minimum
      jog of one hundred twenty (120) feet from the existing street alignment.

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                         Village of Swanton, Ohio 2010
6. Permanent dead-end streets shall not be permitted. Temporary dead-end
streets, or stub streets, shall be permitted only as part of a continuing street plan,
and only if a temporary turnaround satisfactory to the Planning Commission in
design is provided and provisions for maintenance, removal, and ultimate
extension are advanced. Temporary dead-end streets longer than two hundred
(200) feet shall not be permitted. Where temporary dead-end streets are
permitted, all requirements of Section 151.630 shall be satisfied.

7. Cul-de-sac streets shall be not be over six hundred (600) feet in length and
the terminal shall be circular in area, with no center island, with a minimum
diameter of one hundred (100) feet, provided, however, that in exceptional
circumstances the Planning Commission may approve different arrangements.

8. The street and alley arrangement shall be such as not to cause a hardship to
owners of adjoining property when they plat their own land and seek to provide
convenient access to it, and shall further the development of a coherent
neighborhood street pattern in the vicinity of the subdivision. Subdividers are
encouraged to leave open space in such areas as may provide future street
rights-of-way for new or extended streets on to adjoining properties.

9. Dedication of half-streets shall not be accepted unless exceptional
circumstances are found by the Planning Commission to justify the same.
Where there exists a dedicated or platted half-street or alley adjacent to the tract
being subdivided, the other half shall be platted if deemed necessary by the
Planning Commission.

10. Alleys shall not be used in residential subdivisions except when deemed
necessary by the Planning Commission to meet unusual conditions.

11. Frontage on high volume traffic ways shall be provided with parallel service
streets, or buffering as provided in Section 151.520 of these Regulations, or
such other means of minimizing access as may be appropriate to the conditions.
12. The angle of intersection between minor streets and major streets should not
vary by more than ten (10) degrees from a right angle. All other streets should
intersect each other as near to a right angle as possible and no intersection of
streets at angles of less than sixty (60) degrees shall be permitted.

13. Access restriction controlling ingress and egress to streets may be required
by the Planning Commission to minimize points of intersection and to relieve
congestion at intersections. Direct access to streets within six hundred (600)
feet of a major intersection shall not be provided except where it is the only
access to property and in such cases should be avoided whenever possible and
in all cases will be limited in number.




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                           Village of Swanton, Ohio 2010
~ 151.570    Commercial Street Design

      1. Streets serving business developments and accessory parking areas shall be
      planned to connect with arterial streets so as not to generate traffic on local
      streets. The intersections of driveways from parking areas with arterial or
      collector streets shall be located so as to cause the least possible interference
      with traffic movement on the streets, and shall be located not less than one
      hundred (100) feet from the intersection of an arterial or collector street with any
      other street, and shall be spaced not less than two hundred (200) feet from each
      other. The Commission may require marginal access streets to provide
      maximum safety and convenience.

      2. Alleys are required in the rear of all commercial lots if no other provisions are
      made for adequate service access or for parking. The rights of way for such
      alleys shall be not less than twenty (20) feet and dead-end alleys shall not be
      permitted.


~ 151.580    Industrial Street Design

      1. Collector streets for industrial subdivisions shall be planned to serve industrial
      areas exclusively and shall connect with arterial streets so that no industrial
      traffic will be directed into any residential streets. The intersections of service
      streets from parking areas with arterial or collector streets shall be not less than
      one hundred (100) feet from the intersection of the arterial or collector street with
      any other street. Streets shall be planned to extend to the boundaries of any
      adjoining land planned for industry, except in the case of severe physical
      conditions or where the Planning Commission finds such extension is not in
      accord with the approved Future Land Use Plan of the area.

      2. Alleys are required in the rear of all industrial lots if no other provisions are
      made for adequate service access or for parking. The rights of way for such
      alleys shall be not less than twenty (20) feet and dead-end alleys shall not be
      permitted.

~ 151.590    Utility and Drainage Easements

      1. Easements of at least fifteen (15) feet in width centered along rear and/or side
      lot lines shall be provided for sanitary sewers, gas mains, waterlines, and electric
      lines or other utilities where it is not practicable to locate said utilities within the
      road right of way. Easements of greater width may be required along or across
      lots where necessary for the extension of main sewers or other utilities, where
      both water and sewer lines are located in the same easement, or where the
      Planning Commission feels that such widths are necessary to provide adequate
      access.

      2. Whenever any stream or important surface drainage course is located in the
      area being subdivided, the subdivider shall provide an adequate easement along
      each side of the stream for the purpose of widening, deepening, relocating,
      improving or protecting the stream for drainage or recreational use.
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                               Village of Swanton, Ohio 2010


                                Improvement Standards

~ 151.600     Purpose

The purpose of this section is to establish standards for required improvements design
and installation that will create functional and attractive developments, minimize
adverse impacts, and insure that proposed subdivisions will be an asset to the Village.
To promote this purpose, all subdivision improvements shall conform to the following
standards which are designed to result in a well planned community without adding
unnecessarily to development costs.


~ 151.610     Minimum Improvements

All plats and subdivisions of land located within the corporate limits of the Village of
Swanton shall conform to the rules and regulations contained herein as adopted by the
Swanton Village Council and/or the Planning Commission, and the subdivider shall
provide, construct, install and pay for the minimum improvements required by the
Village and specified herein.


~ 151.620     Grading

Prior to the granting of Final Plat approval, the subdivider shall have installed or shall
have furnished adequate bond, as provided in Section 151.690 hereof, for the ultimate
installation of the following:



       1. All lots shall be graded so that all storm water will drain therefrom. Such
       grading shall not cause ponding on properties adjacent to the plat, add areas of
       storm water runoff nor provide points of extreme concentration on them not
       existing prior to the proposed development.

       2. The basement or other lowest floor elevation shall be at a minimum elevation
       of one (1) foot above the estimated high water level of any area affected or likely
       to be affected by the flooding of public watercourses. Such elevations shall be a
       matter of public record and recited on the final plat. Compliance with this section
       shall be a condition of obtaining zoning or building permits.


~ 151.625       Erosion Control
Prior to the granting of Final Plat approval, the subdivider shall have installed or shall
have furnished adequate bond, as provided in Section 151.690 hereof, for the ultimate
installation of the following:
        1. All soil surface areas within the street rights-of-way shall be seeded to grass
        with a mixture of seed to be specified by the Village of Swanton. All disturbed

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       soil areas outside the street rights-of-way shall be seeded or planted to a quick
       growing ground cover of grass, shrubs or other vegetation to prevent erosion of
       the soil.


~ 151.630     Streets

Prior to the granting of Final Plat approval, the subdivider shall have installed or shall
have furnished adequate bond, as provided in Section 151.690 hereof, for the ultimate
installation of the following:

       1. The minimum right of way width for all streets shall be sixty (60) feet, except
       that where there are unusual topographical or other physical conditions, the
       Planning Commission may require a greater or lesser width.

       2. All streets shall be constructed in conformance with the current Location and
       Design Manual and Construction and Material Specifications of the Ohio
       Department of Transportation (ODOT). All streets and thoroughfares shall be
       graded to their full right-of-way width including side slopes, and shall be
       extended to the farthest line of each lot in the subdivision.

       3. Streets shall have a minimum pavement width of twenty-eight (28) feet,
       measured face-to-face of curbs.

       4. Additional pavement lanes and/or traffic signalization may be required for
       commercial or other special developments to provide acceleration, deceleration
       or left turn lanes, or handle or control excessive traffic that may be generated by
       such developments. Complete data with respect to character and volume of
       expected traffic generated by the development may be required.

       5. Concrete curbs and gutters are required on all streets, per ODOT Construction
       and Material Specifications Item 609. The minimum pavement gutter elevations
       shall be at or above hydraulic grade line for a ten year frequency storm.

       6. The subgrade shall be free of sod, vegetative or organic matter, soft clay and
       other objectionable materials for a depth of at least two (2) feet below finished
       grade. The subgrade shall be properly rolled, shaped and compacted, and shall
       be subject to the approval of the Village Engineer.

       7. The developer has the option of using any of the following base courses,
       based upon findings of the design engineer as to soil and traffic conditions:
       aggregate, bituminous aggregate, asphaltic concrete, waterbound macadam,
       portland cement concrete, or equally suitable base course. Materials and
       thickness shall be determined by the design engineer, subject to approval by the
       Village Engineer, as set forth by ODOT Construction and Material Specifications.

       8. Upon expiration of the established maintenance period for the base course,
       the surface course shall be constructed using either asphaltic concrete,
       bituminous mix, or portland cement concrete. Specific materials and thickness

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                               Village of Swanton, Ohio 2010
       shall be determined by the design engineer, subject to approval by the Village
       Engineer, as set forth by ODOT Construction and Material Specifications.

       9. Intersections shall have a minimum twenty five (25) feet radius, measured to
       the back of the curb.

       10. All street construction shall be inspected by the Village Engineer. It shall be
       the responsibility of the owner to notify and obtain Village approval before
       placing the base course and also before placing the surface courses. Final
       acceptance of the street will not be made without these approvals. The
       developer shall provide certification that the construction meets all appropriate
       Village and ODOT standards, including ODOT Construction and Material
       Specifications. Item 400 (Flexible Pavement) or Item 450 (Rigid Pavement),
       whichever is appropriate.

       11. The transition curb connecting a street to the circular terminus of a cul-de-
       sac shall have a radius of not less than one hundred (100) feet.

       12. Streets abutting the subdivision that are not presently paved or curbed nor
       have a design grade on them will normally not be required to be paved at the
       time the subdivisions are to be constructed. However, all lots in the plat abutting
       such streets shall have included in their deeds, or portions thereof, a waiver of
       objection for the assessment for paving, curbing and draining. This waiver of
       objection is to be recited on the plat, and is to be an instrument of record
       affecting future title of properties.

       13. Street name signs, traffic control signs and sign posts of a type in use
       throughout the Village of Swanton, shall be erected by the developer at all
       intersections and other points in the subdivision as directed by the Village of
       Swanton. To avoid duplication and confusion, the proposed names of all streets
       shall be approved by the Village of Swanton prior to the names being assigned
       or used.


~ 151.635     Street Lighting

Prior to the granting of Final Plat approval, the subdivider shall have installed or shall
have furnished adequate bond, as provided in Section 151.690 hereof, for the ultimate
installation of the following:

       1. The subdivider, shall install street lights in accordance with the Village of
       Swanton Construction Standards in each residential subdivision which contains a
       majority of lots with an individual lot width of one hundred (100) feet or less at the
       front property line. Such lights shall be located at each street entrance to the
       subdivision and in each street intersection within the subdivision. In addition,
       whenever the distance between two (2) adjacent street lights would exceed three
       hundred (300) feet, then additional street lights shall be installed in such a
       manner that proper light intensity shall be provided and maintained.


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                              Village of Swanton, Ohio 2010
       2. New subdivision street lighting shall be installed with all associated wiring
       underground.

       3. The design of all street light posts and lamp heads must be approved by the
       Village of Swanton prior to installation.


~ 151.640     Sidewalks

       Prior to the granting of Final Plat approval, the subdivider shall have installed or
shall have furnished adequate bond, as provided in Section 151.690 hereof, for the
ultimate installation of the following:

       1. Concrete sidewalks not less than four (4) feet in width and having a minimum
       thickness of four (4) inches shall be provided on both sides of the new streets
       within any residential subdivision and on the abutting side of any existing street
       contiguous to the subdivision. Where such new sidewalk meets an existing forty
       two (42) inch wide sidewalk, the new sidewalk may be narrowed sufficiently to
       meet the existing sidewalk evenly. Handicapped accessible sidewalk ramps
       shall be required at intersecting street rights of way in accordance with ADA
       standards.

       2. A utility strip a minimum of two (2) feet in width shall be maintained between
       the inside edge of the sidewalk and the outside edge of the curb. This utility strip
       is to be seeded with grass or other suitable ground cover and shall not be used
       as a shade or street tree planting area.
       3. The subgrade shall be free of sod, vegetative or organic matter, soft clay and
       other objectionable materials for a depth of at least one (1) foot below finished
       grade. The subgrade shall be properly shaped and compacted.

       4. Installation may be deferred for a period of three (3) years by posting bond, as
       provided in Section 690 hereof, to permit the building of dwellings prior to the
       installation of sidewalks provided that no such deferment shall be continued in
       effect or granted as to a particular block in a subdivision after seventy (70)
       percent or more of the lots in such blocks have dwellings constructed thereon. In
       the event sidewalks are installed prior to the construction of dwellings, the
       minimum thickness for the sidewalk at the driveway shall be six (6) inches.

       5. In commercial and industrial subdivisions, sidewalks may be required by the
       Planning Commission.

       6. All sidewalks shall be installed in conformance with the ODOT Location and
       Design Manual and shall conform to ODOT Construction and Material
       Specifications Item 608.

       7. The location of sidewalks and ramps will be presented to the Planning
       Commission at the time of Preliminary Plat Approval.

       8. Residential driveway styles will be selected at the time of Preliminary Plat
       Approval.
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                                Village of Swanton, Ohio 2010

       9. The design and location of street lights shall be approved by the Planning
       Commission at the time of Preliminary Plat Approval. (Ord. 99-7, passed 4-26-
       99)

~ 151.645     Residential Driveways

       1. The style of residential driveways shall be determined at the time of
       Preliminary Plat Approval. Selected driveway designs shall be consistent
       throughout the subdivision unless the Planning Commission grants approval for
       a combination of driveways. The following types of driveways may be
       considered:

              a. Concrete
              b. Asphalt
              c. Brick or Pavers

       2. Dirt or stone driveways are not allowed. (Ord. 99-7, passed 4-26-99)


~ 151.650     Water Supply

Prior to the granting of Final Plat approval, the subdivider shall have installed or shall
have furnished adequate bond, as provided in Section 151.690 hereof, for the ultimate
installation of the following:
        1. The subdivider shall provide a complete water distribution system, including a
        connection for each lot and appropriately spaced fire hydrants. Such water
        system shall conform to all applicable requirements of the Village of Swanton.

       2. Each lot must be served by individual water line connections, except in the
       case of duplexes, which may be served with an approved wye tap, provided that
       each unit has an individual shutoff valve. Each dwelling unit, whether single
       family or multifamily, must have an individual meter easily accessible.

       3. All water line connections (tap-ins) will be made by the Village. The subdivider
       will provide all excavation, backfill, and compaction; and all excavations shall be
       safe to enter as determined by Village employees. Backfill material in roadways,
       driveways, and sidewalks shall meet appropriate ODOT specifications. The
       Village Street Department must be notified two (2) business days in advance of
       the work to be performed.

       4. All water service connections shall be of copper pipe, sufficiently sized to
       provide adequate water service.

       5. Where a public water supply is used, water supply lines shall be installed
       within the public road right-of-way, unless exceptional circumstances warrant
       their location elsewhere. Regardless of the location of the water supply lines, fire
       hydrants must be located within the road right-of-way.

~ 151.655     Fire Protection
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                               Village of Swanton, Ohio 2010

Prior to the granting of Final Plat approval, the subdivider shall have installed or shall
have furnished adequate bond, as provided in Section 151.690 hereof, for the ultimate
installation of the following:

       1. Fire hydrants shall be provided by the subdivider in all subdivisions with public
       water supplies. Such hydrants shall be spaced to provide necessary fire flow.
       Hydrants shall be spaced no farther than five hundred (500) feet apart. Hydrants
       shall also be required at the entrance and end of all cul-de-sacs exceeding four
       hundred (400) feet in length. In commercial and industrial subdivisions, the
       minimum spacing between hydrants shall be three hundred (300) feet.

       2. A hydrant shall be located at all low points and at all high points with adequate
       means of drainage provided.

       3. Hydrants shall be located at the ends of lines, and valves of full line size shall
       be provided after hydrant tees at the ends of dead lines that may be extended.

       4. The minimum size of a water line serving any hydrant shall be not less than
       six (6) inches in diameter and should be a circulating water line.

       5. Size, type and installation of hydrants shall conform to the current Village of
       Swanton Construction Standards and be approved by the Fire Chief or his
       designee and Village Engineer or his designee. The hydrants should be located
       between property lines and curbs, within the road right-of-way, with all outlets
       facing or parallel to the street.


~ 151.660     Sanitary Sewers

Prior to the granting of Final Plat approval, the subdivider shall have installed or shall
have furnished adequate bond, as provided in Section 151.690 hereof, for the ultimate
installation of the following:

       1. Public sanitary sewers shall be installed to adequately serve all lots, including
       lateral connections. Public sewer system extensions shall meet the
       requirements of the Ohio Environmental Protection Agency (E.P.A.) and all
       Village standards. Combinations of sanitary sewers and storm sewers shall be
       prohibited. The Village Engineer will review all sanitary sewer proposals.

       2. Where exceptional circumstances warrant, as determined by the Planning
       Commission, the subdivider may provide a private sewer extension to serve the
       property being platted. Any private sewer line extensions must meet all Village
       and Ohio E.P.A. standards as well as those of the appropriate Board of Health
       and be approved by the Village Engineer. The subdivider, his heirs, successors
       and assigns shall be responsible for the maintenance of the private line. Under
       no circumstances will the Village assume ownership or maintenance
       responsibilities for private lines so installed. The subdivider must agree to tap
       into the public sewer system should public sewers be extended to the property.

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                              Village of Swanton, Ohio 2010
       3. Where exceptional circumstances warrant, as determined by the Planning
       Commission, the subdivider may provide an adequate private sanitary treatment
       plant, or package plant, and the necessary sanitary sewer lines accessible to
       each lot. The system, where practicable, is to be designed so it can be
       integrated into the master plan of sanitary sewers when the public sewers are
       installed.

       4. Where exceptional circumstances warrant, as determined by the Planning
       Commission, the subdivider may provide private on-site sewage disposal
       systems, typically a septic tank and leach field system, for lots of one (1) acre or
       more in area if soil percolation tests, as prescribed by the appropriate Board of
       Health, have indicated a reasonably useful life for such disposal methods and all
       other relevant requirements of the appropriate Board of Health have been met.
       Other private on-site disposal methods may be approved by the appropriate
       Board of Health.

       5. Where a public sanitary sewer extension is provided by the developer, such
       sanitary sewer lines shall be installed within the public road right-of-way, unless
       exceptional circumstances warrant their location elsewhere.

       6. All lateral connections shall be a minimum of six (6) inches in diameter.

       7. The minimum elevation at the top of any sanitary manhole casting shall be not
       less than one (1) foot higher than the estimated twenty-five (25) year high water
       level.


~ 151.670     Storm Water Management

Prior to the granting of Final Plat approval, the subdivider shall have installed or shall
have furnished adequate bond, as provided in Section 151.690 hereof, for the ultimate
installation of the following:

       1. All necessary facilities, including underground pipe, inlets, catch basins or
       open drainage ditches shall be installed to provide for the adequate disposal of
       surface water and to maintain any natural drainage course. Storm drainage,
       including drain tile around basements, shall not be permitted to discharge into
       any sanitary sewer facility, but shall connect to an adequate drainage outlet.
       Detention or retention basins required for the proper management of storm water
       in a platted subdivision with a permanent to semi-permanent water depth greater
       than 2 feet and side slopes steeper than four (4) horizontal to one (1) vertical
       may be required to be fenced by the Village Planning Commission. Such
       fencing if required, such be a minimum of four (4) feet in height. Chain link
       fences are prohibited in residential and commercial subdivisions.

       2. Catch basins shall be installed in street gutters and located so that not more
       than four hundred (400) feet of gutter is drained into any basin. The catch
       basins shall conform to ODOT Construction and Material Specifications Item
       604.

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                               Village of Swanton, Ohio 2010
       3. Storm sewers shall be installed to outlet the street catch basins and to provide
       storm drainage for the lots. Storm sewers shall extend to the farthest lot line and
       terminate in a manhole that conforms to ODOT Construction and Material
       Specifications Item 604. These sewers shall be a minimum of twelve (12) inches
       in diameter and consist of tongue and groove, sealed joint, rigid pipe or an
       approved equal. All storm sewers under the pavement and curbs shall be of
       reinforced or extra strength pipe and shall be backfilled with granular material in
       concurrence with ODOT Construction and Material Specifications Item 603 Type
       B conduit specifications. All sewers shall be laid with a gradient that will provide
       a minimum full flow velocity of two (2) feet per second.

       4. All storm sewers must be inspected by a representative of the Village and
       thereby obtain approval from the Village before backfilling. Final acceptance of
       the storm sewer system will not be made without this approval.

       5. In order to protect the health, safety, and general welfare of the people, the
       Planning Commission may reject any proposed subdivision located in an area
       subject to periodic flooding, and shall reject any proposed subdivision located in
       a one hundred (100) year flood plain, as identified by the Federal Emergency
       Management Agency or other appropriate authority. If the subdivision is located
       in an area having poor drainage or other adverse physical characteristics, the
       Commission may approve the subdivision provided the subdivider agrees to
       perform such improvements as will render the area safe for the intended use. In
       lieu of improvements, the subdivider shall furnish adequate bond, as provided in
       Section 151.690 hereof, covering the cost of the required improvements.

       6. Where natural drainage channels intersect the street right-of-way, it shall be
       the responsibility of the subdivider to have satisfactory bridges and/or culverts
       constructed.

       7. Rear yard drainage shall be provided in all residential subdivisions. Rear yard
       catch basin shall be placed so that no more than three (3) lots in one direction or
       350 feet of lot frontage, whichever is less, is directed to one basin. A minimum
       grade of 0.5% shall be maintained for rear yard swales.



~ 151.680     Monuments

Prior to the granting of Final Plat approval, the subdivider shall have installed the
following:

       1. A permanent concrete monument, as defined in Section 151.200(39) of these
       Regulations, shall be placed at each change in direction on the boundary of the
       plat, and one such monument shall be placed on the centerline of the right-of-
       way of each street intersection, at the beginning and end of all street curves, and
       at such other points as are necessary to establish definitely all lines of the plat.

       2. Iron pipe or pins shall be placed at the corners of all lots and at other points as
       are required by the Planning Commission.
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                              Village of Swanton, Ohio 2010


~ 151.685    Telephone, Electric, and Other Utilities

      1. All distribution wires and cables including electrical distribution and telephone
      and cablevision wires and cables, and those wires and cables used for street
      lighting, shall be installed underground in accordance with standards and
      regulations promulgated by the Public Utilities Commission of Ohio and by the
      public utility supplying such service. The Planning Commission may waive in
      whole or part the above requirements where a strict application thereof would
      result in excessive removal of trees or for other aesthetic reasons.

      2. Where practicable, utilities such as electrical distribution and telephone and
      cablevision wires and cables shall be placed within the public road right of way or
      within designated utility easements centered along rear and/or side lot lines.


~151.686 Oversize and Offsite Improvements

The Council of the Village of Swanton, with a recommendation provided by the
Planning Commission and consulting engineer, to ensure the orderly development of
adjacent properties may require utilities, pavements, and other land improvements for a
proposed subdivision be designed oversized and/or with extensions provided to the
boundary of the proposed subdivision prior to the approval of the final plat to serve
nearby land which is an integral part of the community service or drainage area. The
developer shall be required to pay for all of the construction costs for the streets,
utilities, and other required improvements for the proposed subdivision as determined
by the Village Planning Commission and consulting engineer. The village may pay the
difference between the cost of required improvements for the proposed subdivision and
improvements required to service the surrounding areas. Each case requiring village
participation shall be approval by the Village Council.


~151.687 Utility Line Extensions

Utilities or required subdivision improvements shall be extended to adjacent properties
as required by the Swanton Village Council, with a recommendation provided by the
Planning Commission and consulting engineer. If extensions are not required, the
developer must obtain and deed the necessary easements or rights-of-way to the
Village of Swanton to permit utility or subdivision improvement extensions to adjacent
properties in the future.


~ 151.690    Improvement Guarantees

      1. Improvement guarantees shall be provided to ensure the proper installation
      and maintenance of required street, utility and other improvements as specified
      in section 6 hereof. The nature and duration of the guarantee shall be structured
      to achieve this goal without adding unnecessary costs to the developer.

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                       Village of Swanton, Ohio 2010

2. No Final Plat of any subdivision shall be approved until:

       (a) The improvements listed in Sections 151.600 to 151.685, inclusive,
       hereof have been completed; or

       (b) The subdivider has filed with the Village Administrator a surety bond,
       certified check or irrevocable letter of credit equal to estimated cost of
       construction of the improvements, as determined by a professional
       engineer licensed in the State of Ohio, plus ten percent (10%) of the
       required improvements; guaranteeing to the Village of Swanton the
       completion of such improvements in a satisfactory manner within such
       time, not to exceed two (2) years, as may be fixed by the Planning
       Commission. The form of bond, check, or letter of credit shall be
       approved by the Village Solicitor or other authorized legal representative,
       and shall be made payable to and enforceable by the Village of Swanton,
       Ohio.

3. Upon application of the subdivider, the Planning Commission may waive
compliance with Section 151.690(2) hereof upon the following conditions:
      (a) After the Preliminary Plat Drawing of the proposed subdivision has
      been approved by the Swanton Village Planning Commission, the
      subdivider may improve a portion of the proposed subdivision and submit
      a Final Plat for that improved portion to the Swanton Village Planning
      Commission for approval. If the planning commission deems it necessary
      to defer the construction of any required improvement, the subdivider shall
      pay his share of the costs of the deferred future improvements, as
      determined by the Village of Swanton, to the Village of Swanton prior to
      the approval of the Final Plat by the Village of Swanton. The Subdivider
      shall provide a surety bond, certified check or irrevocable letter of credit
      equal to the estimated cost of the construction of the improvements as
      determined by a professional engineer licensed in the State of Ohio plus
      ten percent (10%) of the remaining required improvements; guaranteeing
      to the Village of Swanton the completion of such improvements in a
      satisfactory manner within such time, not to exceed two (2) years, as may
      be fixed by the Planning Commission. The form of bond, check, or letter
      of credit shall be approved by the Village Solicitor or other authorized legal
      representative, and shall be made payable to and enforceable by the
      Village of Swanton.

       (b) No lot or land abutting the unopened and unimproved street shall be
       sold and/or conveyed until said lot or land are in conformity with Section
       151.690(2)(a) or 151.690(2)(b) hereof. However, with the consent of the
       Planning Commission, all of such abutting lots or land may be sold and/or
       conveyed as one unit; and

       (c) No building or zoning permit shall be issued or buildings constructed
       on lots or land abutting an unopened and unimproved street until the
       conditions set forth in Section 151.690(2)(a) or Section 151.690(2)(b)
       hereof have been complied with.
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                        Village of Swanton, Ohio 2010

4. In the event the developer fails to complete the installation of all improvements
according to the terms and conditions of Sections 151.690(2)(b) and
151.690(3)(a), the Village of Swanton, upon proceed to have such work
completed and appropriate such portion of bond, certified check, or irrevocable
letter of credit posted for the faithful performance of said work.

5. Inspections during installation of improvements shall be made by the Village of
Swanton to insure conformity with the approved Technical Design and
Construction Plans and other specifications. The subdivider shall be liable for
costs incurred for necessary inspections during construction. An amount
covering the estimated costs of such inspections shall be deposited with the
Village Administrator prior to commencing the work. The subdivider shall notify
the proper administrative officials twenty-four (24) hours prior to commencing
work.

6. Upon completion of all required improvements, the developer shall notify the
Village Administrator, in writing, of the completion of improvements and request
a final inspection, The Village of Swanton, its Consulting Engineer, or other
authorized representatives shall inspect all improvements of which such notice
has been given and shall file a detailed report, in writing, with the Village
Administrator listing items of work necessary to accomplish satisfactory
completion of the improvements; and/or recommending acceptance of the
improvements. The Village Administrator shall notify the developer in writing, by
certified mail, of the contents of the inspection report no later than forty-five (45)
days after receipt of the notice of completion from the developer.

7. The Village Council shall either approve or reject the improvements based on
the contents of the inspection report and the recommendation of the Village
Administrator; and shall notify the developer in writing, by certified mail, of the
decision of the Village Council with a statement for the reason of any rejection.
No improvements shall be approved by the Village Council until a maintenance
bond, certified check, or irrevocable letter of credit is filed with the Village of
Swanton in an amount equal to twenty-five (25%) of the total cost of the
improvements in the subdivision guaranteeing the workmanship and materials
for a period of two (2) years after acceptance of the improvements by village. All
streets, sewers, waterlines, or other improvements dedicated for public use shall
be accepted by the Village of Swanton for public use and maintenance only upon
passage of an ordinance authorized for such purpose.

8. At the end of the two (2) year maintenance period, the Village of Swanton,
along with its Consulting Engineer, or other authorized representatives shall
inspect all improvements to ensure such improvements remain in an acceptable
condition. After the inspection, the Village of Swanton either:

       (a) Issue a letter to the developer, the developer’s bank or surety, and/or
       the developer’s contractor releasing the maintenance bond; or



                                      336
                              Village of Swanton, Ohio 2010
             (b) Issue a letter to the developer and/or the developer’s contractor listing
             items of work necessary to be completed or corrected before the release
             of the maintenance bond will be made.


                             Enforcement and Penalties


~ 151.700    Enforcement

It shall be the duty of the Village Administrator, or other designee, to enforce the
provisions of the Subdivision Regulations of the Village of Swanton and to bring to the
attention of the Village Council and Planning Commission of any violations or lack of
compliance. Zoning permits for lots within any subdivision may be withheld for failing to
comply with the subdivision or zoning ordinances of the Village of Swanton.


~ 151.710    Recording of Plat

No plat of any subdivision shall be recorded by the County Recorder of Fulton or Lucas
County or have any validity until said plat has received final approval in the manner
prescribed in these Regulations.


~ 151.720    Revision of Plat After Approval

No changes, erasures, modifications, or revisions shall be made in any plat of a
subdivision after approval has been given by the Village Planning Commission, and
endorsed in writing on the plat, unless said plat is first resubmitted to the Commission
for review and approval of any proposed changes, erasures, modifications, or revisions.


~ 151.730    Sale of Land Within Subdivisions

No owner or agent of the owner of any land located within a subdivision shall transfer or
sell any land by reference to, exhibition of, or by the use of a plat of the subdivision
before such plat has been approved and recorded in the manner prescribed in these
Regulations. The description of such lot or parcel by metes and bounds in the
instrument of transfer or other documents used in the process of selling or transferring
shall not exempt the transaction from the provisions of these regulations.


~ 151.740    Public Improvements

The Village will withhold all public improvements of whatsoever nature, including the
maintenance of streets and the furnishing of sewage facilities and water service from all
subdivisions which have not been approved, and from all areas dedicated to the
public which have not been accepted by the Village Council in the manner prescribed
herein.

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                                Village of Swanton, Ohio 2010


~ 151.750     Schedule of Fees, Charges, and Expenses

The Village Council shall establish a schedule of fees, charges and expenses, and a
collection procedure for the same, and other matters pertaining to these Regulations.
The schedule of fees shall be posted in the office of the Village Clerk, and may be
altered, or amended only by the Village Council. Until all applicable fees, charges, and
expenses have been paid in full, no action shall be taken on any application or appeal.

Fee due upon filing for approval of preliminary plat: Basic fee of $200.00 and an
additional $50.00 per lot.
(Adopting Ord. 95-21, passed 10-9-95)


~ 151.760     Penalties Imposed by the Ohio Revised Code

1. Violations of Rules and Regulations (~711.102 O.R.C.) Whoever willfully violates
any rule or regulation adopted by the legislative authority of a municipal corporation or a
board of county commissioners pursuant to Section 711.101 of the Revised Code or
fails to comply with an order issued pursuant thereto, shall forfeit and pay not less than
ten nor more than one thousand dollars.

Such sum may be recovered with costs in a civil action brought in the court of common
pleas of the county in which the land lies relative to which such violation occurred, by
the legal representative of the village, city or county, in the name of such village, city, or
county and for the use thereof.

2. Forfeiture for Wrongfully Recording Plats (~711.12 O.R.C.). A county recorder
who records a plat contrary to Section 711.01 to 711.38, inclusive, of the Revised
Code, shall forfeit and pay not less than one hundred nor more than five hundred
    dollars
to be recovered with costs in a civil action by the prosecuting attorney in the name of
and for the use of the county.

3. Transfer of Land Before Recording; Forfeiture (~711.13 O.R.C.)
Whoever, being the owner or agent of the owner of any land within or without a
municipal corporation, willfully transfers any lot, parcel, or tract of such land from or in
accordance with a plat of a subdivision as specifically defined in this chapter, before the
plat has been recorded in the office of the county recorder, shall forfeit and pay the sum
of not less than ten nor more than five hundred dollars for each lot, parcel, or tract of
land so sold. The description of the lot, parcel, or tract by metes and bounds in the
deed or transfer shall not serve to exempt the seller from the forfeiture provided in this
section.

If the land is within a municipal corporation, the sum may be recovered in a civil action,
brought in any court of competent jurisdiction by the city director of law or other
corresponding official of the municipal corporation in the name of the municipal
corporation and for the use of the street repair fund thereof.

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                                 Village of Swanton, Ohio 2010
The sale of lots, parcels, or tracts from a plat of a subdivision on which any and all
areas indicated as streets or open grounds are expressly indicated as for the exclusive
use of the abutting or other owners in the subdivision and not as public streets, ways, or
grounds shall not serve to exempt the seller from the requirements of this chapter or
from the forfeiture provided in this section.

4. Disposal of Lots; Forfeiture (~711.15 O.R.C.). Any person who disposes of, offers
for sale, or leases for a time exceeding five years, any lot, or part of a lot, in a
subdivision with intent to violate sections 711.001 to 711.14, inclusive, of the Revised
Code, shall forfeit and pay the sum of not less than ten nor more than five hundred
dollars for each lot or part of a lot so sold, offered for sale, or leased, to be recovered,
with costs, in a civil action, in the name of the county treasurer for the use of the county.




                                            339
      Village of Swanton, Ohio 2010
               APPENDIX I

                 Forms

1   Application for Preliminary Plat Approval
2   Preliminary Plat Checklist
3   Application for Final Plat Approval




                   340
                          Village of Swanton, Ohio 2010
                APPLICATION FOR PRELIMINARY PLAT APPROVAL

                                       Swanton, Ohio
Date:                                           Application Name:

Fees: $                       Paid?                         For review at P.C. meeting on:


                                      for office use only

1. Name of Applicant:

     Address:

     Phone:                                        Fax:

2. Name of Surveyor or Engineer:

     Address:

     Phone:                                        Fax:

3. Name of Subdivision:

4. Locational Description: Section                  Twp                   Range

5. Proposed Use:

6. Present Zoning District:

7. Proposed Zoning Changes:

8. Number of Lots:                                 Area of Parcel:

9. What type of sewage disposal do you propose?
     (If other than a public sewer system is proposed, include a letter from the
     appropriate authority approving such system.)

10. List all proposed improvements and utilities and state your intention to install or
post a guarantee prior to actual installation.

        Improvement                        Installation                  Guarantee
a.
b.
c.
d.
e.
f.


                                             341
                           Village of Swanton, Ohio 2010
                         PRELIMINARY PLAT CHECKLIST
                                  Swanton, Ohio

Date:                                          Application:

Subdivision:

The following items (do, do not) conform to the requirements of the Subdivision
Regulations of the Village of Swanton. Those items not conforming are explained in a
separate attachment.

           Do      Do Not         NA                          Item

1.                                             Name of Subdivision (Section 383.2(a))

2.                                             Locational Description (Section 83.2(b))

3.                                             Name and address of owner, ubdivider,
                                               and surveyor (Section 383.2(c))

4.                                             Sheet size not larger than 24”x36”
        Section383.2)

5.                                             Seven copies submitted (Section 340.3)

6.                                             Proper scale (Section 383.2 (d))

7.                                             Date and North Point (Section 383.2 (d))

8.                                             Vicinity Map (Section 383.2 (l))

9.                                             Names of adjacent subdivisions and
owners
                                               (Section 383.2 (h))

10.                                            Zoning classification (Section 383.2 (I))

11.                                            Topography at 2” intervals (Section
383.2 (j))

12.                                            Location, width and names of existing
streets,
                                              rights-of-ways and easement (Section
                                       383.2 (f))

13.                                            Location and dimensions of existing
streets,                                                    rights-of-ways and
easements (Section 383.2
                                               (f))

                                         342
                Village of Swanton, Ohio 2010
14.                               Corporation, township, range and
section lines
                                  (Section 383.2 (f))

15.                               Location of existing, sewers, water lines,
open
                                 ditches and other facilities (Section
                          383.2 (g))

16.                               Layout, names and widths of proposed
streets
                                  or easements (Section 383.2 (m))




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                      Village of Swanton, Ohio 2010
PRELIMINARY PLAT CHECKLIST                                                  page
2



Subdivision:



17.                                      Layout and approximate dimensions of
all lots
                                         (Section 383.2 (n))

18.                                      Building setback lines (Section 383.2
(o))

19.                                      Public dedications (Section 383.2 (s))

20.                                      Statement of proposed use of lots
(Section
                                          383.3)

21.                                      Diagram of the layout of the proposed
sewer
                                         and water facilities (Section 383.2 (p))

22.                                      Diagram of the drainage system
(Section 383.2
                                         (q))

23.                                      High water levels and areas of flooding
                                         (Section 383.2 (r ))

24.                                      Screen planting plan, if any (Section
383.2 (t))




                  APPLICATION FOR FINAL PLAT APPROVAL
                                  344
                               Village of Swanton, Ohio 2010
                                      Swanton, Ohio

        Date:                                     Application Number:
        for review at P.C. meeting on:
                                   for office use only

1. Name of Applicant:

     Address:

     Phone:                                        Fax:

2. Name of Surveyor or Engineer:

     Address:

     Phone:                                        Fax:

3. Name of Subdivision:

4. Date Preliminary Plat Approved:

5. Have all required improvements been installed?       Yes           No
   If no, include detailed cost estimates and the improvement guarantees required by
   Section 690.

6. Do you propose deed restrictions? Yes                         No
   (If yes, please attach a final copy of the deed restrictions.)

7. List all other materials submitted with this application.


                                            Item

a.

b.

c.

d.

e.

f.




                                            345
                             Village of Swanton, Ohio 2010
Date:                                    Application Number:

Subdivision:

The following items (do, do not) conform to the requirements of the Subdivision
Regulations of the Village of Swanton. Those items not conforming are explained in a
separate attachment.

        Do         Do Not         NA                        Item

1.                                             Submitted within 12 months of
preliminary                                          approval (Section 340.8)

2.                                             Conforms to preliminary plat and
incorporates                                               required changes (Section
360.1)

3.                                             Name of Subdivision (Section 385.2(a))

4.                                             Locational Description (Section
385.2(b))




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                              Village of Swanton, Ohio 2010
ORDINANCE         1995-15

                    Chapter 152: FLOOD DAMAGE PREVENTION



Section 1.0

151.11              Statutory Authorization
152.12              Findings of Fact
152.13              Statement of Purpose
152.14              Methods of Reducing Flood Losses

Section 2.0 Definitions

Section 3.0 General Provisions

152.31              Land to which this Ordinance Applies
152.32              Basis for Establishing the Areas of Special Flood Hazard
152.33              Compliance
152.34              Abrogation and Greater Restrictions
152.35              Interpretation
152.36              Warning and Disclaimer of Liability
152.37              Violations and Penalties

Section 4.0 Administration

152.41              Establishment of Development Permit
152.42              Exemption from Filing a Development Permit
152.43              Designation of the Flood Damage Performance Ordinance
                    Administrator
152.44              Duties and Responsibilities of the Village Administrator
152.45              Variance Procedure

Section 5.0 Provisions for Flood Hazard Reduction

152.51              General Standards
152.52              Specific Standards
152.53              Floodways

Section 6.0 Section Passed

~ 152.11 Statutory Authorization

ARTICLE XVIII, Section 3, of the Ohio Constitution grants municipalities the legal
authority to adopt land use and control measures for promoting the health, safety, and
general welfare of its citizens. Therefore, the Council of the Village of Swanton, State
of Ohio does ordain as follows:


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                              Village of Swanton, Ohio 2010
~ 152.12 Findings of Fact

      (1) Swanton is subject to periodic inundation which may result in loss of life and
      property, health and safety hazards, disruption of commerce and governmental
      services, extraordinary public expenditures for flood protection and relief, and
      impairment of the tax base, all of which adversely affect the public health, safety,
      and general welfare.

      (2) These flood losses are caused by the cumulative effect of obstructions in
      areas of special flood hazards which increase flood heights and velocities and,
      when inadequately anchored, damage uses in other areas. Uses that are
      inadequately flood proofed, elevated or otherwise protected from flood damage
      also contribute to the flood loss.

~ 152.13 Statement of Purpose

It is the purpose of this ordinance to promote the public health, safety and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:

      (1) Protect human life and health;

      (2) Minimize expenditure of public money for costly flood control projects;

      (3) Minimize the need for rescue and relief efforts associated with flooding and
      generally undertaken at the expense of the general public;

      (4) Minimize prolonged business interruptions;

      (5) Minimize damage to public facilities and utilities such as water and gas
      mains, electric, telephone and sewer lines, streets and bridges located in areas
      of special flood hazard;

      (6) Help maintain a stable tax base by providing for the proper use and
      development of areas of special flood hazard so as to minimize future flood
      blight areas;

      (7) Ensure that those who occupy the areas of special flood hazard assume
      responsibility for their actions.


~ 152.14 Methods of Reducing Flood Losses

In order to accomplish its purposes, this ordinance includes 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;


                                           348
                              Village of Swanton, Ohio 2010
       (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, 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.


                                       SECTION 2.0
                                       DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
ordinance it’s most reasonable application.

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

       “Appeal” means a request for review of the Village Administrator 's interpretation
of any provision of this ordinance or a request for a variance.

      "Area of special flood hazard" means the land in the floodplain subject to a one
percent or greater chance of flooding in any given year. Areas of special flood hazard
are designated by the Federal Emergency Management Agency as Zone A, AE, AH,
AO, Al-30, and A99.

      "Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year. The base flood may also be referred to as the one
hundred (100) year flood.

      "Basement' means any area of the building having its floor subgrade (below
ground level) on all sides.

       "Development" means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.

       "Federal Emergency Management Agency" (FEMA) means the agency with the
overall responsibility for administering the National Flood Insurance Program.

      “Flood" or “flooding” means a general and temporary condition of partial or
complete inundation of normally dry land areas from:

       (1)    The overflow of inland or tidal waters, and/or
                                            349
                               Village of Swanton, Ohio 2010

      (2)    The unusual and rapid accumulation or runoff of surface waters from any
             source.

     "Flood Insurance Rate Map" (FIRM) means an official map on which the Federal
Emergency Management Agency has delineated the areas of special flood hazard.

      "Flood Insurance Study" means the official report in which the Federal
Emergency Management Agency has provided flood profiles, floodway boundaries, and
the water surface elevations of the base flood.

      "Floodway” means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot.

      "Historic structure" means any structure that is:

      (1) Listed individually in the National Register of Historic Places (a listing
      maintained by the U.S. Department of Interior) or preliminarily determined by the
      Secretary of 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;

      (3) Individually listed on a state inventory of historic places in states with historic
      preservation programs which have been approved by the Secretary of the
      Interior; or

      (4) Individually listed on a local inventory of historic places in communities with
      historic preservation programs that have been certified either;

             (a) By an approved state program as determined by the Secretary of the
             Interior or;

             (b) Directly by the Secretary of the Interior in states without approved
             programs.

       "Lowest floor" means the lowest floor of the lowest enclosed area (including a
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor; provided that such enclosure is built in accordance
with the applicable design requirements specified in this ordinance for enclosures below
the lowest floor.

      "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a

                                             350
                          Village of Swanton, Ohio 2010
permanent foundation when connected to the required utilities.                 The term
"manufactured home" does not include a “recreational vehicle”.

       "Manufactured home park" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent. This definition shall exclude
any manufactured home park as defined in Section 3733.01 of the Ohio Revised Code,
for which the Public Health Council has exclusive rule making power.

       "Manufactured home subdivision” means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for sale. This definition shall exclude
any manufactured home park as defined in Section 3733.01 of the Ohio Revised Code,
for which the Public Health Council has exclusive rule making power.

      "New construction" means structures for which the "start of construction"
commenced on or after the initial effective date of the Village of Swanton's Flood
Insurance Rate Map, and includes any subsequent improvements to such structures.

       "Recreational vehicle" means a vehicle which is (1) built on a single chassis, (2)
400 square feet or less when measured at the largest horizontal projection, (3)
designed to be self-propelled or permanently towable by a light duty truck, and (4)
designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.

       "Start of construction" means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit date. The actual
start means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of a
building.

        "Structure" means a walled and roofed building, manufactured home, or gas or
liquid storage tank that is principally above ground.

      "Substantial damage” means damage of any origin sustained by a structure
whereby the cost of restoring the structure to a condition before it was damaged would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.

       "Substantial improvement" means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This
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                             Village of Swanton, Ohio 2010
term includes structures which have incurred "substantial damage", regardless of the
actual repair work performed. The term does not, however, include:

     (1) Any project for improvement of a structure to correct existing violations of state
     or local health, sanitary, or safety code specifications which have been identified
     by the local code enforcement official and which are the minimum necessary to
     assure safe living conditions;

     (2) Any alteration of a "historic structure", provided that the alteration will not
     preclude the structure's continued designation as a "historic structure"; or

     (3) Any improvement to a structure which is considered new construction.

      "Variance" means a grant of relief from the standards of this ordinance consistent
with the variance conditions herein.


                                     SECTION 3.0
                                 GENERAL PROVISIONS

~ 152.31 Land to Which This Ordinance Applies

This ordinance shall apply to all areas of special flood hazard within the jurisdiction of
the Village of Swanton as identified by the Federal Emergency Management Agency,
including any additional flood hazard areas annexed by the Village of Swanton which
are not identified on the effective Flood Insurance Rate Map.


~ 152.32 Basis for Establishing the Areas of Special Flood Hazard

The areas of special flood hazard have been identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled "Flood Insurance
Study for the Village of Swanton “

This study, with accompanying Flood Boundary and Floodway Maps and/or Flood
Insurance Rate Maps dated February 15, 1984 and any revisions thereto is hereby
adopted by reference and declared to be a part of this ordinance. The Flood Insurance
Study is on file at 219 Chestnut Street, Swanton, Ohio 43558.


~ 152.33 Compliance

No structure or land shall hereafter be located, erected, constructed, repaired,
extended, converted, enlarged or altered without full compliance with the terms of this
ordinance and all other applicable regulations which apply to uses within the jurisdiction
of this ordinance, unless specifically exempted from filing for a development permit as
stated in Section 152.42, Exemption from filing a development a permit.



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                          Village of Swanton, Ohio 2010
~ 152.34 Abrogation and Greater Restrictions

This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.


~ 152.35 Interpretation

In the interpretation and application of this ordinance, 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 this ordinance may be in conflict with a state law,
       such state law shall take precedence over the ordinance.


~ 152.36 Warning and Disclaimer of Liability

The degree of flood protection required by this ordinance 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. This ordinance does 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. This ordinance shall not create liability on the part of Village of Swanton,
any officer or employee thereof, or the Federal Emergency Management Agency, for
any flood damage that results from reliance on this ordinance or any administrative
decision lawfully made thereunder.

~ 152.37 Violations and Penalties

Violation of the provisions of this ordinance or failure to comply with any of its
requirements shall constitute a misdemeanor of the fourth degree. Any person who
violates this ordinance or fails to comply with any of its requirements (including
violations of conditions and safeguards established in connection with conditions) shall
upon conviction thereof be fined or imprisoned as provided by the laws of the Village of
Swanton. Each day such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the Village of Swanton from taking such other
lawful action as is necessary to prevent or remedy any violation.


                                      SECTION 4.0
                                    ADMINISTRATION



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                           Village of Swanton, Ohio 2010
~ 152.41 Establishment of Development Permit

A Development permit shall be obtained from the Village Administrator before
construction or development begins within any area of special flood hazard established
in Section 152.32, Basis for Establishing the Areas of Special Flood Hazard.
Application for a development permit shall be made on forms furnished by the Village
Administrator and may include, but are not be limited to: site specific topographic plans
drawn to scale showing the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of materials, drainage facilities,
and the location of the foregoing. The following information is required:

       (1) Elevation in relation to mean sea level of the lowest floor, including
       basement, of all proposed structures located in special flood hazard areas where
       base flood elevation data are utilized;

       (2) Elevation in relation to mean sea level to which any proposed structure will be
       flood proofed in accordance with Section 152.52.2(1) where base flood elevation
       data are utilized;

       (3) Certification by a registered professional engineer or architect that the flood
       proofing methods for any nonresidential structure meet the flood proofing criteria
       in Section 152.52.2(1) where base flood elevation data are utilized;

       (4) 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 flood carrying capacity of the watercourse will not
       be diminished.

~ 152.42 Exemption from Filing a Development Permit

An application for a development permit shall not be required for maintenance work
such as roofing, painting, and basement sealing, or for small nonstructural development
activities (except for filling and grading) valued at less than $1,000.00. Any proposed
action exempt from filing for a development permit is also exempt from the standards of
this ordinance.


~ 152.43 Designation of the Flood Damage Performance Ordinance
          Administrator

The Village Administrator is hereby appointed to administer and implement this
ordinance by granting or denying development permit applications in accordance with
these provisions.


~ 152.44 Duties and Responsibilities of the Village Administrator

The duties and responsibilities of the Village Administrator shall include but are not
limited to:

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                              Village of Swanton, Ohio 2010

      (1) Review all development permits to determine that the permit requirements of
      this ordinance have been satisfied.

      (2) Review all development permits 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 Department of the Army
      under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean
      Water Act.

      (3) Review all development permits to determine if the proposed development is
      located within a designated floodway. Floodways are delineated in the Flood
      Boundary and Floodway Map or the Flood Insurance Rate Map of the Flood
      Insurance Study. Floodways may also be delineated in other sources of flood
      information. If the proposed development is located within a designated
      floodway, the encroachment provisions of Section 152.53.1 shall apply.


     ~ 152.44.2 Use of Other Base Flood Elevation and Floodway Data

Areas of special flood hazard where base flood elevation data have not been provided
by the Federal Emergency Management Agency in accordance with Section 152.32,
Basis for Establishing the Areas of Special Flood Hazard, are designated as Zone A on
the community's Flood Insurance Rate Map. Within these areas, the Village
Administrator shall review and reasonably utilize any base flood elevation and floodway
data available from a federal, state, or other source, including data obtained under
Section 152.52.6, Subdivisions and Large Developments, in order to administer Section
152.52.1, Specific Standards (Residential Construction); 152.52.2, Specific Standards
(Nonresidential Construction); and 152.53, Floodways.


~ 152.44.3 Information to be Obtained and Maintained

Where base flood elevation data are utilized within areas of special flood hazard on a
community's Flood Insurance Rate Map, regardless of the source of such data, the
following provisions apply:

      (1) Obtain and record the actual elevation (in relation to mean sea level) of the
      lowest floor, including basement, of all new or substantially improved structures,
      and record whether or not such structures contain an enclosure below the lowest
      floor;

      (2) For all new or substantially improved flood proofed nonresidential structures:

             (a) Verify and record the actual elevation (in relation to mean sea level) to
             which the structure was flood proofed; and,

             (b) Maintain the flood proofing certifications required in Section 152.41(3).

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                               Village of Swanton, Ohio 2010
      (3) Maintain for public inspection all records pertaining to the provisions of this
      ordinance.

      ~ 152.44.4 Alteration of Watercourses

      (1) Notify adjacent communities and the Ohio Department of Natural Resources,
      Division of Water, prior to any alteration or relocation of a watercourse, and
      submit evidence of such notification to the Federal Emergency Management
      Agency. A watercourse is considered to be altered if any change occurs within
      its banks.

      (2) Maintain engineering documentation required in Section 152.41(4) that the
      flood carrying capacity of the altered or relocated portion of said watercourse will
      not be diminished.

      (3) Require that necessary maintenance will be provided for the altered or
      relocated portion of said watercourse so that the flood carrying capacity will not
      be diminished.


      ~ 152.44.5 Interpretation of Flood Boundaries

Make interpretations, where needed, as to the exact location of the boundaries of the
areas of special flood hazard (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). Where a map boundary and
field elevations disagree, the elevations delineated in the flood elevation profile shall
prevail. The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section 152.45, Variance
Procedure.


~ 152.45 Variance Procedure

      ~152.45.1 Appeal Board

      (1) The Village of Swanton Planning Commission as established by Village of
      Swanton shall hear and decide appeals and requests for variances from the
      requirements of this ordinance.

      (2) The Planning Commission shall hear and decide appeals when it is alleged
      there is an error in any requirement, decision, or determination made by the
      Village Administrator in the enforcement or administration of this ordinance.

      (3) Those aggrieved by the decision of the Planning Commission or any
      taxpayer, may appeal such decision to the Fulton or Lucas County Court of
      Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.

      (4) In considering applications, the Planning Commission shall consider all
      technical evaluations, all relevant factors and standards specified in other
      sections of this ordinance, and:
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                       Village of Swanton, Ohio 2010

      (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; and,

      (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.

(5) Upon consideration of the factors of Section 152.45.1(4) and the purposes of
this ordinance, the Planning Commission may attach such conditions to the
granting of variances as it deems necessary to further the purposes of this
ordinance.

(6) The Village Administrator shall maintain the records of all appeal actions and
report any variances to the Federal Emergency Management Agency upon
request.

~ 152.45.2 CONDITIONS FOR VARIANCES

(1) Variances shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.


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                        Village of Swanton, Ohio 2010
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.

(3) 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 (a-k) in Section 152.45.1(4) have been fully considered.
As the lot size increases beyond one-half acre, the technical justification required
for issuing the variance increases.

(4) Variances may be issued for the 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 the variance is
the minimum necessary to preserve the historic character and design of the
structure.

(5) 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 to the applicant; and,

       (c) A determination that the granting of a variance will not result in
       increased flood heights beyond that which is allowed in this ordinance,
       cause additional threats to public safety, create extraordinary public
       expense, create nuisances, cause fraud on or victimization of the public
       as identified in Section 152.45.1(4), or conflict with existing local laws or
       ordinances.

(6) 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.




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                           Village of Swanton, Ohio 2010
                                   SECTION 5.0
                  PROVISIONS FOR FLOOD HAZARD REDUCTION


~ 152.51 General Standards

In all areas of special flood hazard the following standards are required:

      ~ 152.51.1 Anchoring

      (1) All 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.

      (2) All manufactured homes, not otherwise regulated by the Ohio Revised Code
      pertaining to manufactured home parks, shall be 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.


      ~ 152.51.2 Construction Material and Methods

      (1) All new construction and substantial improvements shall be constructed with
      materials resistant to flood damage.

      (2) All new construction and substantial improvements shall be constructed using
      methods and practices that minimize flood damage.

      (3) All 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 located so as to prevent water from
      entering or accumulating within the components during conditions of flooding.


      ~ 152.51.3 Utilities

      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,



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                             Village of Swanton, Ohio 2010
      (3) On site waste disposal systems shall be located to avoid impairment to them
      or contamination from them during flooding.


      ~ 152.51.4 Subdivision Proposals

      (1) All subdivision proposals, including manufactured home subdivisions, shall be
      consistent with the need to minimize flood damage;

      (2) All subdivision proposals, including manufactured home subdivisions, 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, including manufactured home subdivisions, shall
      have adequate drainage provided to reduce exposure to flood damage; and

      (4) All subdivision proposals, including manufactured home subdivisions, shall
      meet the specific standards of Section 152.52.6, Subdivisions and Large
      Developments.


~ 152.52 Specific Standards

In all areas of special flood hazard where base flood elevation data have been provided
as set forth in Section 152.32, Basis for Establishing the Areas of Special Flood
Hazard; Section 152.44.2, Use of Other Base Flood Elevation and Floodway Data; or
Section 152.52.6, Subdivisions and Large Developments, the following provisions are
required:


      ~ 152.52.1 Residential Construction

      (1) New construction and substantial improvement of any residential structure
      shall have the lowest floor, including basement, elevated to the base flood
      elevation.

      ~ 152.52.2 Nonresidential Construction

      (1) New construction and substantial improvement of any commercial, industrial
      or other nonresidential structure shall either have the lowest floor, including
      basement, elevated to the level of the base flood elevation; or, together with
      attendant utility and sanitary facilities, shall:

             (a) Be flood proofed so that the structure is watertight with walls
             substantially impermeable to the passage of water to the level of the base
             flood elevation. In order to be eligible for lower flood insurance rates, the
             structure should be flood proofed at least one foot above the base flood
             elevation.


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                             Village of Swanton, Ohio 2010
             (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 that the
             design and methods of construction are in accordance with accepted
             standards of practice for meeting the standards of this subsection. Such
             certification shall be provided to the official as set forth in Section
             152.41(3).


      ~ 152.52.3 Accessory Structures

      (1) A relief to the elevation or dry flood proofing standards may be granted for
      accessory structures (e.g., sheds, detached garages) containing 576 square feet
      or less in gross floor area. Such structures must meet the encroachment
      provisions of Section 152.53(l) and the following additional standards:

             (a) They shall not be used for human habitation;

             (b) They shall be designed to have low flood damage potential;

             (c) They shall be constructed and placed on the building site so as to offer
             the minimum resistance to the flow of flood waters;

             (d) They shall be firmly anchored to prevent flotation; and,

             (e) Service facilities such as electrical and heating equipment shall be
             elevated or flood proofed.


      ~ 152.52.4 Manufactured Homes and Recreational Vehicles

The following standards shall apply to all new and substantially improved manufactured
homes not subject to the manufactured home requirements of Section 3733.01 of the
Ohio Revised Code:

      (1) Manufactured homes shall be anchored in accordance with Section
      152.51.1(2).

       (2) Manufactured homes shall be elevated on a permanent foundation such that
       the lowest floor of the manufactured home is at the base flood elevation.

        These standards also apply to recreational vehicles that are either (a) located on
sites for 180 days or more, or (b) are not fully licensed and ready for highway use.

     ~ 152.52.5 Enclosures Below the Lowest Floor Elevation

The following standards apply to all new and substantially improved residential and
nonresidential structures which are elevated to the base flood elevation using pilings,
columns, or posts. Fully enclosed areas below the lowest floor that are useable solely
                                         361
                               Village of Swanton, Ohio 2010
for parking of vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must:

      (1) Be certified by a registered professional engineer or architect; or,

      (2) Must meet or exceed the following criteria:

              (a) A minimum of two openings having a total net area of not less than
              one square inch for every square foot of enclosed area subject to
              flooding shall be provided;

              (b) The bottom of all openings shall be no higher than one foot above
              grade. Openings may be equipped with screens, louvers, valves, or
              other openings provided that they permit the automatic entry and exit of
              floodwaters.


      ~ 152.52.6 Subdivisions and Large Developments

In all areas of special flood hazard where base flood elevation data have not been
provided in accordance with Section 152.32, Basis for Establishing the Areas of Special
Flood Hazard or Section 152.44.2, Use of Other Base Flood Elevation Data, the
following standards apply to all subdivision proposals, including manufactured home
subdivisions, and other proposed developments containing at least 50 lots or 5 acres
(whichever is less):

      (1) The applicant shall provide base flood elevation data performed in
      accordance with standard engineering practices;

      (2) If Section 152.52.6(1) is satisfied, all new construction and substantial
      improvements shall comply with all applicable flood hazard reduction provisions
      of Section 152.51, General Standards, and Section 152.52, Specific Standards.


~ 152.53 Floodways

      ~ 152.53.1 Areas with Floodways

The Flood Insurance Study referenced in Section 152.32 identifies a segment within
areas of special flood hazard known as a floodway. Floodways may also be delineated
in other sources of flood information as specified in Section 152.44.2. The floodway is
an extremely hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential. The following provisions apply within all
delineated floodway areas:

      (1) Prohibit encroachments, including fill, new construction, substantial
      improvements, and other development unless a hydrologic and hydraulic
      analysis performed in accordance with standard engineering practices
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                               Village of Swanton, Ohio 2010
      demonstrates that the proposed encroachment would not result in any increase
      in flood levels during the occurrence of the base flood discharge.

      (2) If Section 152.53.1(1) is satisfied, all new construction and substantial
      improvements shall comply with all applicable flood hazard reduction provisions
      of Section 152.52, Specific Standards.

      (3) Any encroachment within the floodway that would result in an increase in
      base flood elevations can only be granted upon the prior approval by the Federal
      Emergency Management Agency. Such requests must be submitted by the
      Village Administrator to the Federal Emergency Management Agency and must
      meet the requirements of the National Flood Insurance Program.


      ~152.53.2 Areas Without Floodways

In all areas of special flood hazard where FEMA has provided base flood elevation data
as set forth in Section 152.32., but FEMA has not delineated a floodway, the following
provisions apply:

      (1) New construction, substantial improvements, or other development (including
      fill) shall only be permitted if it is demonstrated that the cumulative effect of any
      proposed development, when combined with all other existing and anticipated
      development, shall not increase the water surface elevation of the base flood
      more than 1 (one) foot at any point.

      (2) If Section 152.53.2(1) is satisfied, all new construction and substantial
      improvements shall comply with all applicable flood hazard reduction provisions
      of Section 5.0, Provisions for Flood Hazard Reduction.




                                     SECTION 6.0

This Ordinance shall take effect from and after the earliest period allowed by law and
replaces Ordinance Number N/A            .


PASSED;


1st reading:        June 26, 1995

2nd reading:        July 17, 1995

3rd reading:       August 14, 1995



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        Village of Swanton, Ohio 2010



Clerk                                   Mayor




                    364
                 Village of Swanton, Ohio 2010
             Table of Special Ordinances

Table

    I.     Agreements

    II.    Annexations and Detachments

    III.   Dedications and Plat Approvals

    IV.    Easements

    V.     Franchises

    VI.    Real Estate Transactions

    VII. Street Grade Levels and Street Name Changes

    VIII. Vacations

    IX.    Zoning Map Changes




                             365
             Village of Swanton, Ohio 2010
              Table I: Agreements


Ord. No.   Date Passed               Description

74-10      6-10-74                   Authorizing the Mayor and the
                                     Clerk-Treasurer to enter into
                                     agreements with other political
                                     subdivisions for mutual police aid.

78-5       2-27-78                   Authorizing the Mayor, the Village
                                     Administrator, and the Clerk-
                                     Treasurer to enter into
                                     agreements with other political
                                     subdivisions for mutual police
                                     aid.

80-7       2-25-80                   Authorizing the Mayor and the
                                     Clerk-Treasurer to enter into
                                     agreements with the Village of
                                     Wauseon for mutual fire aid.

82-5       3-22-82                   Authorizing the Mayor and the
                                     Administrator to enter into a
                                     mutual police aid agreement with
                                     other municipalities in the county.

83-4       2-14-83                   Authorizing the Mayor and the
                                     Clerk-Treasurer to enter into
                                     agreements with the City of
                                     Wauseon, for mutual fire aid.

83-5       2-14-83                   Authorizing the Mayor and
                                     Administrator to enter into a
                                     contract for mutual police aid with
                                     other municipalities in the county.

86-15      5-12-86                   Authorizing the village to enter
                                     into a cooperative purchasing
                                     agreement with the State
                                     Department of Administrative
                                     Services, Office of State
                                     Purchasing for the purchase of
                                     supplies, services, equipment
                                     and certain materials, through an
                                     authorized agent.



                         366
           Village of Swanton, Ohio 2010
88-17   3-28-88                      Authorizing the Mayor, Village
                                     Administrator and Clerk to
                                     execute a mutual police aid
                                     agreement with the Villages of
                                     Archbold, Delta, Metamora,
                                     Fayette and the City of Wauseon.

90-20   7-30-90                    Authorizing a cooperative
                                   agreement for construction,
                                   maintenance and operation of a
                                   state water project between the
                                   village and the Ohio Water
                                   Development Authority.

90-36   12-17-90                   Authorizing a community
                                   assistance program agreement
                                   with the Toledo Edison
                                   Company.

91-5    2-25-91                    Authorizing a reciprocal fire
                                   protection agreement with the
                                   Village of Whitehouse.

92-12   5-26-92                    Authorizing Village Administrator
                                   to enter into a fire protection and
                                   rescue service agreement with
                                   Swanton Township and Toledo-
                                   Lucas County Port Authority, and
                                   declaring an emergency.

93-8    8-23-93                    An Ordinance to establish a rural
                                   enterprise zone and providing tax
                                   exemption therein.

96-2    1-8-96                     Authorizing Mayor and Clerk to
                                   enter into an Ohio Enterprise
                                   Zone Agreement among the
                                   Village of Swanton, Fulton
                                   County Commissioners and
                                   Pilliod Furniture, Inc., and
                                   declaring an emergency.

96-23   7-15-96                    Authorizing Village Administrator
                                   and Fire Chief to enter into a
                                   Mutual Aid Agreement with
                                   Monclova Township for fire and
                                   rescue services.



                       367
                    Village of Swanton, Ohio 2010
96-30      11-25-96                   An Ordinance authorizing rates,
                                      charges and other service terms and
                                      conditions for service provided by Ohio
                                      Gas company in the Village of Swanton,
                                      Ohio.

           Table II: Annexations and Detachments


Ord. No.   Date Passed                Description
335        12-13-26                   Authorizes annexation of land
                                      near SE corner of corporation
                                      line.

347        11-14-27                   Accepting order of County
                                      Commissioners modifying
                                      annexation petition of land
                                            described in Ord. 335.

Res. 458   2-27-61                    Establishes eastern boundary of
                                      village on Section Line 12.

493        1-9-56                     Accepting annexation application
                                      of Ollie W. Albright et al. for
                                      12.26 acres.

501        1-14-57                    Accepting annexation application
                                      of Elmer Chortie et al.

502        1-14-57                    Accepting annexation application
                                      of Donald J. McQuade et al.

536        9-14-59                    Authorizes annexation of parcel
                                      bounded by the Ohio Turnpike,
                                      Fulton-Lucas County line and
                                      center line of State Highway 64.

537        10-12-59                   Authorizes annexation of parcel
                                      bounded by village corporate
                                      limits, Fulton-Lucas County Line
                                      road and Toledo-Wauseon
                                      (Chicago Pike) Road.

543        7-11-60                    Authorizes annexation of 6.55
                                      acres being a parcel in NW
                                      Quarter of Section 12.



                                368
                Village of Swanton, Ohio 2010
570     4-27-64                   Authorizes annexation of 0.753
                                  acres in part of the west 45.11
                                  acres of SW Quarter of Section 7,
                                  Town 7N, Range 9E, lying south
                                  of the Toledo-Wauseon Road.

76-16   10-25-76                   Cannaley

77-12   8-8-77                     Accepting annexation application of
                                   Richard D. Wells-west of St. Rt. 64-
                                   south of Ohio Turnpike. 1.463 acres of
                                   land.

80-9                               Ransom

81-1    1-12-81                    Accepting annexation of Gerald Hines
                                   and Various east of Hallett, south of
                                   Airport Hwy. 69 acres.

81-14   9-14-81                    Accepting annexation of Eleanor
                                   Sulewski. Southwest Corner of Dodge
                                   & Munson Rds. .5860 acres.

82-16   6-14-82                    Accepting annexation from the Village of
                                   Swanton . South of West Pointe
                                   Estates. .919 acres.

82-65                              Cooper and Haines

83-2    1-24-83                    Accepting annexation of Jim Cannaley.
                                   Swanton Trailer Court, Hallett Ave.
                                   12.28 acres.

83-33   9-26-83                    Accepting annexation of Clarence &
                                   Barbara Wilhelm, Honey Bear on Airport
                                   Hwy. .722 acres.

84-1    1-9-84                     Accepting annexation of Loren & Hazel
                                   Glaser. South of West Pointe Estates.
                                   .912 acres.

84-15   7-2-84                     Accepting annexation of Leo & Rita Hall.
                                   Harding Dr. & Browning Rd. 1.00 acre.

88-40   10-10-88                   Accepting annexation of James Wolfe.
                                   Something Special Day Care, Airport
                                   Hwy. & Munson.

89-2    1-9-89                     Accepting annexation application
                                   of Swanton local school district.
                             369
                   Village of Swanton, Ohio 2010

89-20   6-26-89                      Accepting annexation application of
                                     Leon R. Mann et al. .737 acres.

89-21   6-26-89                      Accepting annexation application of
                                     Cannaley Management Group, Inc.
                                     Centerville Rd. 116.611 acres.

89-24   8-14-89                      Miller. St. Rt. 64, next to Reservoir

90-15   6-25-90                      Accepting annexation application
                                     of Dielman, Inc. Airport Hwy.

90-38   12-17-90                     Accepting annexation application
                                     of Cannaley Management Group,
                                     Inc. Centerville Rd. 78.207 acres.

90-39   12-17-90                     Accepting annexation application
                                     of Cannaley Management Group,
                                     Inc. South 64 & Airport Hwy. West side.
                                     56.338 acres.

93-19   12-14-93                     Annexation R & D Properties – West
                                     side of Munson Road, north of RR
                                     tracks. 8.318 acres.

96-5    2-12-96                      Annexation of Perkins Subdivision -
                                     7.69 acres on Hallett Ave.

96-20   8-26-96                      Annexation of OCCA. 95.35 acres of
                                     land to the Village of Swanton.

97-37   1-12-97                      Annexation of Wells Subdivision. 4.810
                                     acres of land to the Village.

98-3    2-09-98                      Annexation of Sandair. 47.68 acres of
                                     land to the Village.

98-12   3-23-98                      Memorial Park – Playtek

98-30   8-10-98                      New High School property N. Main

99-12   6-14-99                      Annexation of Panning property. Co.
                                     Rd. 2, south of Airport Hwy.

99-29   11-8-99                      Annexation of Richard C. Anderson
                                     property - 53 acre parcel, Swanton
                                     Township, Lucas County, AirportHwy& St.Rt.64.


                               370
                   Village of Swanton, Ohio 2010
2000-39   12-11-00                   Annexation of Kathleen Noble property
                                     – 79.451 acre parcel, Fulton Township,
                                     Munson & Dodge.

2002-13   4-22-2002                  Annexation of .78 acre parcel from
                                     Leona F. Sloan.

2002-14   4-22-2002                  Annexation of 3.295 acre parcel from
                                     Bendix Roschmann, Mary Jane
                                     Roschmann, Francis Gelske and Kelly
                                     Gelske.

2003-16   4-14-03                    McNeill Annexation of 8.71 acres of
                                     land. 220 W. Airport Hwy.

2003-25   5-27-2003                  Annexation of 55.337 acres. Reservoir
                                     property.

2003-44   9-22-2003                  Annexation of 147.653 acres. Adjacent
                                     to reservoir property – west and north to
                                     existing corporation line.

2003-45   9-22-2003                  Annexation of 5.434 acres of property.
                                     Owned by James Cannaley. North side
                                     of Airport Hwy., just west of St. Rt. 64,
                                     Lucas Co.

2003-46   9-22-2003                  Annexation of 21.022 acres of property.
                                     Louisville Title Agency for N.W. Ohio.
                                     Centerville Rd.

2003-49   10-13-2003                 Annexation of 1.828 acres of property.
                                     Owned by Shirley Hall.

2004-5    02-23-2004                 Annexation of approx. 10.699 acres of
                                     land: Holiday Lane along with parcels:
                                     26-050012-00.00, 26-050032-00.00, 26-
                                     050036-00.00, 26-050048-00.00, 26-
                                     050332-00.00

2004-11   04-12-2004                 Annexation of 1 acres owned by Robert
                                     and Heather Herr. 7290 Co. Rd. 2.
2004-29   10-28-2004                 Annexation of property owned by Rollan
                                     and Shirley Griffin. 7234 Co. Rd. 1-3,
                                     changed to 111 Browning Road.

2004-48   01-24-2005                 Annexation of 59.91 acres of land.
                                     Application by James Cannaley
                                     (Najarian property along E. Airport Hwy.
                                     and north to Brindley Rd.)
                               371
                       Village of Swanton, Ohio 2010



           Table III: Dedications and Plat Approvals

Ord. No.    Date Passed                  Description

Res. 126    5-20-1895                    Plat of Sylvia L. Sanderson’s
                                         Fourth Addition.

207         7-14-02                      Plat of Hallett’s Addition.

218         6-13-04                      Plat of Sylvia L. Sanderson’s
                                         Fifth Addition.

221         8-22-04                      Plat of Louis A. Sanderson’s First
                                         Addition.

222         10-3-04                      Plat of George H. Hayne’s
                                         Second Addition.

243         11-5-06                      Plat of Zeller’s First Addition.

244         11-5-06                      Plat of Eva and Iva Sanderson’s
                                         First Addition.

258         4-26-07                      Plat of Sylvia L. Sanderson’s
                                         Sixth Addition.

286         7-28-13                      Acceptance of an alley dedicated
                                         by Chancy Berkibile.

Res. 310    1-15-23                      Plat of Zellar, Nester, Busack and
                                         Beil First Addition.

328         4-27-25                      Extending Church St. in NW direction to
                                         Miller Ave.

454         12-21-50                     Plat of L.F. Keopfer’s First Addition.
2000-31     9-11-00                      Accepting dedication of Parkview Dr. as
                                         Village Street.




                                   372
                          Village of Swanton, Ohio 2010
                            Table IV: Easements

Ord./Res. No.   Date Passed                 Description

Ord. 153        8-24-1896                   To Price and Huyck - to place
                                            telephone poles along Chestnut St.

Res. 197        8-11-02                     Toledo and Indiana R.R. Co. - relocation
                                            of tracks on Main and Broadway Sts.

Brockhoff       5-20-05                     “alley” but never acknowleged
                                            by village. SHARED DRIVEWAY.

Foodtown        6-3-05                      113 E. Airport Hwy. Water Line and
                                            Storm Sewer.

Ord. 252        3-22-09                     Toledo and Indiana R.R. Co. - relocation
                                            of tracks in Broadway and Dodge Sts.

Ord. 265        10-4-09                     Village to lay water pipes across Lake
                                            Shore and Michigan Southern Ry. Co.
                                            right-of-way.

Ord. 333        11-1-26                     Ohio Gas Light and Coke Co. - to
                                            construct, operate and maintain gas
                                            pipes and appliances.

Ord. 334        9-7-26                      Toledo and Indiana R.R. Co. - to
                                            construct and maintain a spur or side
                                            track on Broadway St.

Ord. 365        8-27-28                     Swanton Milling and Elevator Co. - to
                                            construct an unloading pit under a side
                                            track on Woodlawn Ave.

Hallett         8-28-57                     Chicago Pike Road (Airport Hwy.)
                                            Sanitary Sewer

Chamberlin      3-13-57                     Old Plank Road (Airport Hwy.)
                                            Sanitary Sewer


Tolford         9-13-57                     J.P. Miller’s Addition
                                            Sanitary Sewer

Latimer         9-14-57                     Joseph P. Miller’s Addition
                                            Sanitary Sewer

Brockhoff       9-14-57                     J.P. Miller’s Addition

                                      373
                     Village of Swanton, Ohio 2010
                                       Sanitary Sewer

Tuggle     9-7-57                      Sylvia L. Sanderson’s Addition
                                       Sanitary Sewer

Haynes     9-13-57                     Sylvia L. Sanderson’s Addition
                                       Sanitary Sewer

Robasser   9-12-57                     Joseph P. Miller’s Addition
                                       Sanitary Sewer

Judson     9-11-57                     S. L. Sanderson’s Addition
                                       Sanitary Sewer

Wise       9-11-57                     Joseph P. Miller’s Addition
                                       Sanitary Sewer

Weir       9-6-57                      Main Street area
                                       Sanitary Sewer

Hollis     9-10-57                     Curtis
                                       Sanitary Sewer

Beech      9-3-57                      Curtis
                                       Sanitary Sewer

Busach     5-17-57                     Railroad area
                                       Sanitary Sewer

Faber      5-17-57                     Railroad area
                                       Sanitary Sewer

Kern       8-30-57                     Lot 11 in Pleasant Home Addition
                                       Sanitary Sewer

Haynes     4-11-57                     Garfield
                                       Sanitary Sewer

Rowley     8-19-57                     Sanitary Sewer


Rehring    4-24-57                     Railroad area
                                       Sanitary Sewer

Wiles      3-10-57                     Hollis S. Bassett’s 2nd Addition
                                       Garfield area - Sanitary Sewer

Norwine    9-11-57                     Joseph P. Miller’s Addition
                                       Sanitary Sewer

                                 374
                        Village of Swanton, Ohio 2010
Noe             9-11-57                   Main St. – Sylvia L. Sanderson’s
                                          Addition – Sanitary Sewer

Ruggles         4-10-57                    Main St. and South St.
                                           Sanitary Sewer

                6-29-64                    Garfield – Water Line
                                           Murbach-Seifert Post Memorial Home.

Ord. 583        8-9-65                     Pilliod Cabinet Co. - to install a railroad
                                           spur across Broadway St. and an alley
                                           west of Woodlawn Ave.

Ord. 585        9-27-65                    W.R. Grace and Co., Marco Chemical
                                           Division - to install a railroad spur
                                           across Broadway St.

Miller          10-17-77                   St. Rt. 64, north of Water Plant
                                           Water Line

Suess           7-26-82                    104 Brookside Dr. – Temp.


MLR (Wendy’s)   8-20-85                    14180 E. Airport Hwy.
                                           Sanitary Sewer

MLR (Wendy’s)   8-20-85                    14160 E. Airport Hwy.
                                           Sanitary Sewer

Harborside      7-29-88                    401 W. Airport Hwy.
                                           Sanitary Sewer

Albright        7-29-88                    395 W. Airport Hwy.
                                           Sanitary Sewer

Nazarene        7-29-88                    315 W. Airport Hwy.
                                           Sanitary Sewer


Pilliod         7-29-88                    301 W. Airport Hwy.
                                           Sanitary Sewer

Hallett         8-12-88                    421 W. Airport Hwy.
                                           Sanitary Sewer

Tavtigian       8-12-88                    333 W. Airport Hwy.
                                           Sanitary Sewer

Ritenour        8-29-88                    425 W. Airport Hwy.
                                           Sanitary Sewer
                                     375
                              Village of Swanton, Ohio 2010

Miller             8-14-89                      St. Rt. 64, north of Water Plant
                                                Water Line

Seventh-Day        7-30-90                      209 W. Airport Hwy.
                                                Water LIne

Ord. 90-37         12-17-90                     Board of Trustees of Swanton Public
                                                School District Library - driveway and
                                                parking lot access.

Reese              11-1-92                      201 Walnut St.
                                                Driveway

Bowles             10-22-96                     2093 US 20A
                                                Water Main and Sewer Facilities

Wolf               10-22-96                     2041 US 20A
                                                Water Main and Sewer Facilities

Crow               2-7-97                       2149 US 20A
                                                Water Main and Sewer Facilities

RES 98-4           5-4-98                       134 E. Airport Hwy.
Patterson                                       Sanitary Sewer

RES 98-4           5-4-98                       14255 E. Airport Hwy.
Fessenden                                       Sanitary Sewer

98-40              9-14-98                      Turtle Creek
Louisville Title                                Sanitary Sewer

2003-10            2-24-2003                    200 Dodge St.
Lutheran Church                                 Storm Sewer



Swanton Properties 12-14-2004                   Willow Run
                                                Storm Sewer

Rittenour          3-28-2005                    S. Munson Rd.
                                                Road Widening




                                          376
             Village of Swanton, Ohio 2010
              Table V: Franchises


Ord. No.   Date Passed               Description

177        9-16-1896                 Northwestern Toll Line Co. - to
                                     erect and operate a telephone
                                     system.

189        4-10-1899                 Central Union Telephone Co. - to
                                     erect and maintain a telephone
                                     system.

191        1-29-1900                 Northwestern Ohio Telephone
                                     Co. - to erect and operate a
                                     telephone system.

192        2-25-01                   Joseph Yost and Frederick
                                     Collins - to lay and operate an
                                     electric railroad in Garfield Ave.

197        7-1-01                    Detwiler, Donnelly, Brown, Files
                                     and Griffin - to construct a
                                     railroad along certain streets.

250        12-14-08                  J.H. Lochbihler - to construct and
                                     operate a railroad.

253        12-31-06                  W.R. Balderson - to erect and
                                     maintain a system for furnishing
                                     electricity.

280        5-20-12                   The Gordon Lumber, Basket and
                                     Mfg. Co. - to construct, operate
                                     and maintain a steam railroad.

288        9-29-13                   Abner D. Baker - to erect
                                     apparatus for conducting
                                     electricity.

303        3-15-15                   Amends Ord. 197 re: Toledo and
                                     Indiana R.R. Co. right to lay and
                                     maintain a railroad.

305        2-22-15                   Amends Ord. 288 re: Baker
                                     electricity franchise.

337        7-19-20                   Swanton Home Telephone Co. –
                                     to construct, operate and

                         377
        Village of Swanton, Ohio 2010
                                  maintain a telephone exchange
                                  with appurtenances.

376   5-16-29                  Toledo and Indiana R.R. Co. - to
                               construct and maintain a track
                               siding for 25 years.

396   4-27-31                  Ohio Fuel Gas Co. - to lay and
                               maintain pipe for conveying gas
                               for 25 years; fixes rates for five
                               years.

409   6-26-35                  Toledo Edison Co. - regulates
                               domestic electricity rates for five
                               years.

411   9-13-37                  Toledo Edison Co. - regulates
                               street lighting rates for six years.

417   9-26-38                  Toledo Edison Co. - regulates
                               electrical rates used for water
                               supply for five years.

427   10-26-42                 Toledo Edison Co. - regulates
                               street lighting rates for five years.

436   7-9-45                   Toledo Edison Co. - to erect,
                               maintain and operate
                               appurtenances for conducting
                               electricity, telephone and
                               telegraph for 25 years.

440   10-14-46                 Toledo Edison Co. - regulates
                               electrical rates used for water
                               supply for five years.

447   10-13-47                 Toledo Edison Co. - regulates
                               street lighting rates for five years.

448   1-28-48                  Toledo Edison Co. - regulates
                               street lighting rates for parts of
                               Main, Broadway and Dodge Sts.
                               for ten years.


492   12-13-55                 Ohio Gas Co. - to lay, maintain,
                               and operate pipes for supply of
                               gas for 25 years.

497   9-10-56                  Toledo Edison Co. - regulates
                    378
          Village of Swanton, Ohio 2010
                                    electrical rates used for water
                                    supply for five years.

511     5-13-57                    Toledo Edison Co. - regulates
                                   electrical rates to operate
                                   sewage disposal plant for ten
                                   years.

513     9-23-57                    Toledo Edison Co. - regulates
                                   street lighting rates for ten years.

514     11-11-57                   Ohio Gas Co. - regulates rates
                                   for supply of natural gas.

519     11-25-57                   Amends Ord. 492 re: Ohio Gas
                                   Co. franchise.

523     7-14-58                    Toledo Edison Co. - regulates
                                   prices for overhead white way
                                   lighting for parts of Main,
                                   Broadway and Dodge Sts. for ten
                                   years.

551     8-14-61                    Toledo Edison Co. - regulates
                                   electricity prices for ten years.

569     4-27-64                    Toledo Edison Co. - provides
                                   rates for mercury vapor lighting of
                                   streets and other public places to
                                   Nov. 1, 1967.

73-14   8-13-73                    Tiffin Valley Cable, Inc. - to
                                   operate and maintain a
                                   community television antenna
                                   system.

79-10   6-29-79                    Amends Ord. 73-14 re: Tiffin
                                   Valley Cable, Inc. franchise.

83-26   7-26-83                    Amends Ord. 73-14 re: Tiffin
                                   Valley Cable, Inc. franchise.

85-19   3-11-85                    Triax Associates I - transfer of
                                   cable TV franchise from
                                   Community Cable TV.

86-25   7-21-86                    Triax Associates I, L.P. - transfer
                                   of assets form Triax Associates I.


                       379
                   Village of Swanton, Ohio 2010
88-41           9-26-88                      A.X.S. Services, Inc. - franchise
                                             agreement for refuse collection.

89-17           5-22-89                     Triax Associates I - cable
                                            television services for 15 years to
                                            May 22, 2004.

89-27           10-23-89                    Amends Ord. 88-41 re: A.X.S.
                                            Services refuse service
                                            agreement.

90-28           9-10-90                     ABS Services, Inc. - refuse
                                            pickup.

90-30           10-8-90                     Laidlaw Waste Systems –
                                            collection of residential refuse for
                                            one-year term.

90-35           12-17-90                    Toledo Edison Co. - regulates
                                            electricity prices.

91-1            3-11-91                     Toledo Edison Co. - furnishing
                                            street lighting for three years.

2004-18         5-24-2004                   Mayor and Clerk to enter into a
                                            franchise agreement with
                                            Adelphia Communications for
                                            cable television service.


            Table VI: Real Estate Transactions

Ord. No.   Date Passed                Description
Res. 102   9-12-1894                  Purchase of land to widen Garfield Ave.
                                      east of Clark St.

Res. 147   6-1-1896                   Purchase of 50 feet off east side of Lot
                                      20 of Sylvia L. Sanderson’s Third
                                      Addition.
Res. 149   6-15-1896                  Sale of lot 26 feet wide fronting on Main
                                      St. between Chestnut and St. Clair Sts.

Res. 153   6-7-1897                   Purchase of one acre of land near
                                      center of SE Quarter of Section 5,
                                      Township 7, Range 8 from Pfaff.

215        11-30-03                   Purchase of land near SW corner of
                                      parcel owned by Lathrop near Main St.

                                380
                      Village of Swanton, Ohio 2010
                                        and Miller Ave.

253        5-10-09                      Sale of 50 feet off east side of Lot 20 in
                                        Sylvia L. Sanderson’s Third Addition.

254        6-7-09                       Issuance of bond for purchase of land
                                        for use as a town hall.

262        9-13-07                      Purchase of Lots 28 and 29 in Joseph
                                        Miller’s Addition for water works
                                        purposes.

324        7-14-24                      Authorizes sale of 556 4/9 square rods
                                        in NE Quarter of Section 12, Township
                                        7.

335        5-6-18                       Authorizes purchase of 2 ¼ acres from
                                        Harrington for a rubbish deposit.

340        2-21-27                      Authorizes sale of west 60 feet of Lot 28
                                        in the J.H. Miller Addition.

380        12-2-29                      Sale of west half of Lot 29 in J.H.
                                        Miller’s Second Addition to C.O. Castle.

385        5-12-30                      Purchase of land from C.O. Castle near
                                        south line of Church St. to erect a water
                                        stand pipe.

Res. 387   8-26-40                      Purchase from Toledo and Indiana R.R.
                                        Co. of part of Lot 1 in Sylvia
                                        Sanderson’s Second Addition.

421        10-28-40                     Sale of Lot 83 in Eva and Iva
                                        Sanderson’s First Addition and part of
                                        Lot 1 in Sylvia E.
                                        Sanderson’s Second Addition.


432        2-12-44                      Sale of Lot 83 in Eva and Iva
                                        Sanderson’s First Addition and part of
                                        Lot 1 in Sylvia E. Sanderson’s Second
                                        Addition.

468        4-13-53                      Lease from NYC R.R. Co. of certain
                                        land at intersection of Main and
                                        Chestnut Sts. for a municipal parking
                                        lot.

477        2-17-55                      Authorizes purchase of Lots 51 to 73 in
                                  381
                   Village of Swanton, Ohio 2010
                                     Holliss S. Bassett’s Second Addition.

483     1-10-55                      Authorizes purchase of Lots 51 to 73 in
                                     Holliss S. Bassett’s Second Addition.

500     12-10-56                     Lease of NYC Reservoir for recreational
                                     purposes.

512     6-24-57                      Appropriates 0.98 acre of land for a right
                                     of way to the garbage disposal farm.

572     5-25-64                      Authorizes President of Swanton Park
                                     Board to sell land at SE corner of Lot 2
                                     of Bassett, Brindley and Kaley’s
                                     Addition.

574     7-23-64                      Authorizes purchase of six acres
                                     adjacent to the Village Park from Cook
                                     for park purposes.

86-26   7-21-86                      Lease with Triax Associates I, L.P. for
                                     property located at the Swanton
                                     Memorial Park.

89-10   3-27-89                      Lease with Swanton Boosters Club for
                                     Swanton Memorial Park and facilities.

89-13   4-10-89                      Authorizes purchase of 1.061 acres of
                                     land adjacent to Village Park from J.B.
                                     Platek.

89-24   8-14-89                      Conveyance of .0528 acres of land and
                                     a 20-foot permanent easement to the
                                     village from James G. and Particia A.
                                     Miller.

90-13   5-14-90                      Authorizing Village Administrator to
                                     enter into lease agreements for use of
                                     village park.

98-34   8-10-98                      Authorizing Village Administrator to
                                     enter into contract with Jamie Roop to
                                     purchase .845 acres of land.




                               382
                               Village of Swanton, Ohio 2010
           Table VII: Street Grade Levels and Street Name Changes


Ord. No.            Date Passed                  Description

Res. 103            9-12-1894                    Grade of Garfield Ave.

Res. 137            9-23-1895                    Grade of Clark St. from Chestnut
                                                 St. to Garfield Ave.

Res. 140            11-18-1895                   Grade of Church St. west of Main
                                                 St.173, 7-30-1894. Grade of
                                                 Dodge St. from Main St. to west line of
                                                 Sanderson, Berry and Sly Addition.

174                 9-12-1894                    Grade of Franklin St. from
                                                 Chestnut to St. Clair.

196                 6-17-01                      Grade of Broadway St. from Main
                                                 St. to Pilliod Milling Co.

Res. 243            9-24-06                      Change of width of South Main St.

326                 10-20-24                     Name change: Mechanic St. to
                                                 Woodland Ave.


348                 11-28-27                     Name change: Independence St.
                                                 to Lincoln Ave.

515                 10-28-57                     Name change: Parkwood St. to
                                                 Parkside St. in Brookside
                                                 Addition.

587                 10-25-65                     Name change: Chicago Rd. to
                                                 Airport Highway.


                                Table VIII: Vacations

Ord./Res. No.       Date Passed                  Description

Petition            none                         Alley running east and west between
                                                 Cherry and Cass.

Petition           none                          Wayne Street

Petition            none                         Alley – Sanderson Ave. Lot 27

                                           383
                      Village of Swanton, Ohio 2010
Petition   none                         Portion of Dodge St. between Main and
                                        Miller.

Res. 192   12-2-01                     An alley between Lot 8 in Miller
                                       and Wales Addition and Lot 19 in
                                       Sanderson’s Addition.

Petition   1912                        Alleys in L.A. Sanderson Addition

Ord. 279   6-3-12                      Alley between Lot 4 in Lewis
                                       Sanderson’s Addition and Lot 27
                                       in George Haynes’s Addition.

Ord. 281   6-3-12                      Alley from Washington St. to an
                                       alley bounding Lot 18 in Peter
                                       Miller’s First Addition.

Ord. 281   1-13-13                     Alley from a point 53 feet south of
                                       SW corner of an alley south of Lot 1 in
                                       E.B. Clark’s Addition.




Ord. 367   1-28-29                     Alley running west from
                                       Woodlawn Ave. between Lots 35
                                       and 36 in J.H. Miller’s Second
                                       Addition.

Ord. 420   9-4-39                      Alley bounded by Lot 27 on north
                                       and Lots 25 and 26 on south in
                                       J.H. Miller’s Second Addition
                                       from Woodlawn Ave. to easterly
                                       line of Lot 24.

Ord. 423   5-12-41                     Part of N-S alley abutting Lot 9 in
                                       Sanderson’s Second Addition.

Ord. 453   12-21-50                    Alley bounded by Lots 37 and 13
                                       in J.H. Miller’s Second Addition;
                                       part of Curtis Alley abutting Lots
                                       12 and 13; part of an alley
                                       extending from Walnut to Ivy Sts.
                                       bounded by Auditor’s Parcel 49
                                       and Lot 64 of Sanderson’s Sixth
                                       Addition.

Petition   1957                        Sewer Line – north side of W. Garfield

Ord. 472   12-28-53                    Narrowing Dodge St. by vacating
                                 384
                        Village of Swanton, Ohio 2010
                                          a portion thereof.

Petition      1959                        Alley between Lincoln and Woodland

Ord. 535      9-14-59                     Alley bounded on north by Lots
                                          13 and 37 in J.H. Miller’s Second
                                          Addition, on east by Lots 28 to
                                          36, on west by Lots 14 to 22 and on the
                                          south by Lots 22 to 28.

Ord. 555      2-26-62                     Southerly five feet of an alley
                                          between Lots 2 and 3 of J.H.
                                          Miller’s Second Addition.

Ord. 642      1970                        Alley north of Broadway, between
                                          Lincoln and Woodland.

Ord. 74-17    1974                        Portion of Elm Street.

Petition      1975                        Portion of Bassett Ave.


Ord. 82-17    1982                        Portion of Oak Street.

Ord. 85-5     1985                        Portion of alley – W. Garfield – Sloan

Ord. 85-15    3-11-85                     alley running north of Broadway,
                                          between Lincoln and Woodland, J.H.
                                          Miller’s Second Addition.

Ord. 85-16    3-11-85                     alley running east and west, north of
                                          Broadway, between lots 16 & 17 in J.H.
                                          Miller’s Second Addition, between
                                          Lincoln and Woodland.

Ord. 85-17    3-11-85                     alley running east and west between
                                          lots 33 & 34 of J.H. Miller’s Second
                                          Addition, north of Broadway, between
                                          Lincoln and Woodland.

Ord. 87-13    1987                        Alley north of E. Garfield, between
                                          Pennsylvania and Clark.

Ord. 2002-4   2-25-2002                   Vacating alley behind SuperValu
                                          to FoodTown plazas. Swancreek
                                          Township, west of Hallett, north of
                                          Airport Hwy.

Ord. 2002-5   2-25-2002                   Vacating a portion of Wayne
                                          Street, running in a Southerly
                                    385
                         Village of Swanton, Ohio 2010
                                           direction from Sanderson which abuts
                                           lots 25, 26, 32,33 and 34 in George H.
                                           Haynes 2nd Addition.

Ord. 2005-1   2-14-2005                    Vacating the unimproved portion of
                                           Fairfield Dr.



                 Table IX: Zoning Map Changes

Ord. No.      Date Passed                  Description

539           11-23-59                     Rezoning (petition of Hallett
                                           Developments, Inc.) parcel of land near
                                           intersection of Main St. and State Route
                                           2 from “A” Residence to “C” Commercial
                                           District.


565           12-9-63                      Rezoning premises owned by Clendenin
                                           and Wells on Dodge St. from “A”
                                           Residence to “B” Residence District.

89-14         4-10-89                      Designating zoning classification for
                                           territory annexed by Ord. 80-9, as R-2.

93-11         11-8-93                      Amending village zoning map by
                                           changing classification for a portion of
                                           Giant Oaks Subdivision from “R-2” to
                                           “R-3”.



98-1          2-09-98                      Amending village zoning map by
                                           establishing new zoning classification
                                           for lot 26, George H. Haynes Second
                                           Addition, from B-2 to R-3.

99-4          4-12-99                      Amending Village Zoning Map by
                                           establishing new zoning classification
                                   for
                                           OCCA Subdivision, plats 2,3,4 and
                                           remaining unplatted sections from R-1
                                           to R-2.

99-34         12-13-99                     Amending Village Zoning Map for
                                           Waterwood Farms unplatted section
                                           from R-1 to R-2 and B-2.

                                     386
                     Village of Swanton, Ohio 2010

2000-41   1-8-2001                     Establishing Zoning Map of Village.
                                       Amending 94-2.

2002-47   11-25-2002                   New zoning classification for Aqua
                                       Garden, 203 W. Airport, from R-2 to B-
                                3.

2003-22   4-28-2003                    Amending Village Zoning Map by
                                       establishing new zoning classification
                                for
                                       220 W. Airport Hwy. from R-1 to B-3.

2004-35   11-22-2004                   Amending Village Zoning Map by
                                       establishing new zoning classification
                                for
                                       Homeville Subdivision and W. Airport
                                       Hwy from Twp. zoning to R-2 zoning
                                       classification and extending the Airport
                                       Hwy. Overlay Zoning District.




2004-36   11-22-2004                   Amending Village Zoning Map by
                                       establishing new zoning classification
                                for
                                       Paigelynn Place Subdivision from R-2
                                       Residential to R-2 Residential Planned
                                       Unit Development (PUD)

2004-43   1-24-2005                    Amending Village Zoning Map by
                                       establishing new zoning classifications
                                       for a vacant 63 acre parcel located in
                                       the 300 block of W. Airport Hwy. from
                                       M-2 Heavy Industrial to B-3 Central
                                       Business, to R-2 One Family
                                       Residential, to R-3 One and Two family
                                       Residential, and to R-4 Low Density
                                       Multi-Family Residential.




                                 387
    Village of Swanton, Ohio 2010




    Parallel References

References to Ohio Revised Code
    References to 1964 Code
   References to Ordinances
   References to Resolutions




                388
                        Village of Swanton, Ohio 2010

REFERENCES TO OHIO REVISED CODE
R.C. Section                              Code Section

Title 43                                  110.01
§ 146.02(A)                               32.49
§ 505.44                                  32.66
§ 713.13                                  150.999
§ 718.01                                  35.03
§ 718.02                                  35.03
§ 729.52                                  51.156
§ 731.141                                 30.02
§ 731.46                                  31.01
§ 731.51                                  92.56
§ 731.52                                  92.57
§ 731.53                                  92.58
§ 731.54                                  92.59
§ 733.24                                  10.17
§ 735.271                                 30.02
§ 735.272                                 30.02
§ 737.16                                  132.30
§ 737.21                                  32.60
§ 737.22                                  32.47
§ 737.22                                  32.63
§ 743.18                                  52.08
§ § 755.12-755.181                        94.01
§ 755.14(B)                               94.01
§ 755.16                                  94.01
§ 959.01                                  90.03
§ 959.02                                  90.04
§ 959.13                                  90.05
§ 1531.02(Y)                              90.07
Ch. 2151                                  130.03
Ch. 3733                                  150.117
Ch. 3734                                  92.56
§ 3737.821                                91.41
§ 4501.01                                 70.08
§ 4503. 1 0                               70.08
§ 4504.172                                70.08
§ 4505.01                                 70.08
§ 4519.01.                                72.03
§ 4737.05 - 4737.12                       92.56
§ § 5103.03 - 5105.05                     150.007
§§ 5139.36 - 5139.40                      150.007
Ch. 6111                                  92.56




                                    389
                     Village of Swanton, Ohio 2010
References to 1964 Code

1964 Code Section                      New Code Section

 §   103.01                            11.01
 §   121.01                            31.01
 §   141.01                            32.45
 §   141.02                            32.46
 §   141.03                            32.47
 §   141.04                            32.47
 §   141.05                            32.48
 §   141.06                            32.49
 §   303.02                            70.02
 §   303.04                            70.03
 §   303.06                            70.04
 §   303.07                            73.02
 §   311.02                            70.05
 §   311.03                            70.06
 §   313.09                            70.07
 §   331.11                            71.01
 §   331.23                            71.01
 §   331.34                            71.02
 §   331.35                            71.04
 §   331.36                            71.09
 §   331.37                            71.05
 §   331.38                            71.06
 §   339.011                           71.10
 §   339.02                            71.11
 §   339.04                            71.13
 §   339.08                            71.12
 §   351.02                            73.01
 §   351.05                            73.03
 §   351.06                            73.07
 §   351.08                            71.07
 §   351.09                            73.04
 §   351.10                            73.06
 §   351.99                            73.99
 §   373.09                            72.02
 §   373.10                            72.01
 §   373.11                            72.05
 §   373.12                            72.08
 §   373.13                            72.04
 §   373.15                            72.07
 §   373.17                            72.06
 §   373.22                            72.09