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PART THIRTEEN – BUILDING CODE
Chap. 1301.  Cleaning of Premises.
Chap. 1311.  Building Permits; Fees.
Chap. 1321.  House Numbering.
Chap. 1331.  Swimming Pools.
Chap. 1335.  Satellite Signal-Receiving Antennas.
Chap. 1341.  Signs.
Chap. 1351.  House Trailers.
Chap. 1361.  Flood Damage Reduction.
Chap. 1371.  Fences and Screen Walls.
CHAPTER 1301
Cleaning of Premises
1301.01   Appointment of Building Inspector.
1301.02   Right of entry; inspection.
1301.03   Definitions.
1301.04   Nuisance defined.
1301.05   Exceptions; building materials for own use.
1301.06   Dangerous dwelling and  structures defined.
1301.07   Order to raze or clean property.
1301.08   Appeals.
1301.09   Effect of failure to comply with order.
1301.10   Emergency vacation and demolition.
1301.11   Disposition of insurance proceeds for structures damaged by fire.
1301.99   Penalty.
 
CROSS REFERENCES
Removal of unsafe structures – see Ohio R.C. 715.26(B), 715.261
Inspection of buildings for fire and safety – see Ohio R.C. 737.34
 
1301.01  APPOINTMENT OF BUILDING INSPECTOR.
   There is hereby created the office of Building Inspector.  The Building Inspector shall be appointed by the Mayor upon the approval of Council and shall serve for a period of one year.  The appointment shall be made at the first Council meeting in January of each year.  Compensation for this position shall be established by Council.
(Ord. 87-6.  Passed 6-24-87.)
1301.02  RIGHT OF ENTRY; INSPECTION.
   (a)   The Building Inspector has the right, authority and privilege to enter upon any real estate or structure in the Village at any reasonable time, if he has probable cause to believe that a nuisance exists, that a structure or dwelling is dangerous as defined herein, or there has been a violation of the Village Building Code, and to inspect the premises for such violations.  The Building Inspector shall make a reasonable effort to contact the property owner before entering onto the premises.  No owner of real estate or a dwelling or structure within the Village shall refuse to permit the Building Inspector to inspect the premises at any reasonable time.
   (b)   The Building Inspector shall have full power and authority to interpret any questions arising under the provisions of this chapter or the Village Building Code.
(Ord. 87-6.  Passed 6-24-87.)
1301.03  DEFINITIONS.
   (a)   “Refuse” embraces only such matter as was either in fact noxious or has been refused and abandoned by its owner as worthless.
   (b)   “Rubbish” means and includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, paper circulars, handbills, boots, shoes, ashes or any waste material other than garbage or offal.
   (c)   “Used building materials” means and includes any materials, such as wood, stone, brick, cement block, or any composition thereof, used or useful in the erection of any building or structure, which have been used previously for such erection or construction, by the same persons or by any other person.
   (d)   “Motor vehicle in an inoperative condition” means and includes any style or type of motor-driven vehicle used or useful for the conveyance of persons or property which is unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.
   (e)   “Motor vehicle unfit for further use” means and includes any style or type of motor-driven vehicle used for the conveyance of persons or property, which is in a dangerous condition, has defective or missing parts, or is in such a condition generally as to be unfit for further use as a conveyance.
   (f)   “Automobile parts” means and includes any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
   (g)   “Scrap metal” means and includes pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other materials, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its originally intended purposes.
(Ord. 87-6.  Passed 6-24-87.)
1301.04  NUISANCE DEFINED.
   (a)    A nuisance exists for purposes of this chapter if the real estate, dwelling or structure is in such a condition as to endanger the health, safety and welfare of the occupants of the same or the surrounding residents or is otherwise in violation of any of the provisions of this chapter or of the Village Building Code.
   (b)    It shall be unlawful and is hereby declared a nuisance for any person to store, place or allow to remain, used building materials, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobile parts, scrap metal, refuse or rubbish on any lot, lots, parts of lots, or parcel of land, within the corporate limits of the Village.
(Ord. 87-6. Passed 6-24-87.)
1301.05  EXCEPTIONS; BUILDING MATERIALS FOR OWN USE.
   Notwithstanding the provisions of this chapter, it shall not be unlawful for any person to purchase used building materials and place or store them on any lot, lots, parts of lots, or parcel of land, when such materials are to be used by the purchaser or owner in later construction on the same lot or any lot owned or controlled by such person; provided that. such materials shall not remain on such lot, lots, parts of lots, or parcel of land for a period of more than thirty days, unless the construction or erection planned for the use of such materials has commenced; and provided further that such materials are used or consumed in the construction or removed from the premises within a period of four months from the time the materials are first placed on the lot, lots, parts of lots or parcel of land. It shall be unlawful for any person or persons to move any materials so stored or placed to another location within the Village for the purpose of avoiding the intent of this section, except that any such materials may be moved to another lot, lots, parts of lots or parcel of land, when the same have been sold to a bona fide purchaser for value for such purchaser’s own use.
(Ord. 87-6 Passed 6-24-87.)
1301.06  DANGEROUS DWELLING AND STRUCTURES DEFINED.
   All dwellings or structures, including single family dwellings, or parts thereof, which may have any of the following defects, shall be deemed dangerous dwellings or structures and shall be condemned as unfit for human habitation or occupancy:
   (a)    Those whose interior or exterior bearing walls or other vertical structural members lists, lean or buckle to such an extent as to weaken the structural support they provide;
   (b)    Those which, exclusive of the foundation, show damage or deterioration of one-third or more of the supporting members or member, or one-half or more of damage or deterioration of the non-supporting enclosing or outside walls or covering;
   (c)    Those which have improperly distributed loads upon floors or roof in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used;
   (d)    Those which have been damaged by fire, wind or other causes so as to no longer provide shelter from the elements and have become dangerous to life, safety, morals or the general health and welfare of the occupants or surrounding residents of the Village;
   (e)    Those which have become or are dilapidated, decayed, unsafe, unsanitary or vermin-infested or which fail to provide the facilities essential to decent living and are likely to cause sickness or disease or injury to the health, morals, safety or general welfare of those living therein or of the surrounding residents or of people at large;
   (f)    Those lacking light, air and sanitation facilities are required by the Guernsey County Health Department or other Governmental Agencies to protect the health, morals, safety or general welfare of human beings who live or may live therein;
   (g)    Those which have parts thereof which are so attached that they may fall and injure occupants or the general public or property.
      (Ord. 87-6. Passed 6-24-87.)
1301.07  ORDER TO RAZE OR CLEAN PROPERTY.
   In the event of a violation of the provisions of this chapter or the Village Building Code, the Village Building Inspector shall give notice to the owner, occupant or person having charge of the premises upon which the violation occurs, to cease such violation.  The Building Inspector may order a dwelling or structure razed if he believes that a nuisance exists or that dwelling or structure is a dangerous dwelling or structure and/or may order that the property be cleaned of debris, rubbish, refuse, used building materials, a motor vehicle in an inoperative condition, a motor vehicle unfit for further use, automobile parts, or scrap metal. The order to raze a structure or clean a property, shall be made by the Building Inspector upon the property owner or his agents by personal service or by certified or registered mail and shall allow the property owner at least thirty days to comply with the Order.
(Ord. 87-6. Passed 6-24-87.)
   The Building Inspector shall also have authority to order that buildings or structures within the Village be restored or constructed in a safe and stable condition by means of necessary repairs, maintenance or structural repairs.
(Ord. 89-6. Passed 2-22-89.)
1301.08  APPEALS.
   Any owner, occupant or person in charge of the real estate, dwelling or structure, who does not agree with an order given by the Building Inspector as provided herein, shall have the right to request a hearing before the Council, at a special meeting called for that purpose, and Council shall listen to the complaint of the owner, occupant or person in charge. A request for appeal must be made in writing to the Council within seven days from the receipt of the order by the owner. If Council affirms the order of the Building Inspector, then the owner, occupant or other person in charge of the premises shall comply with the order within thirty days from the date of the decision by Council. (Ord. 87-6. Passed 6-24-87.)
1301.09  EFFECT OF FAILURE TO COMPLY WITH ORDER.
   If any owner, occupant or other person in charge of the premises or dwelling or structure fails to comply with the order by the Building Inspector within the time prescribed herein, then Council, acting through the Building Inspector may hire labor, machinery and equipment to raze the dwelling or structure or clean the property. The cost of such labor, machinery and equipment involved shall be submitted to the property owner, occupant or other person in charge of the premises upon completion of the work, and if the costs are not paid by such person within a period of fifteen days after the work is completed, the costs shall be certified to the Guernsey County Treasurer and Auditor to be placed upon the tax duplicate against the lot or land involved.
(Ord. 87-6. Passed 6-24-87.)
1301.10  EMERGENCY VACATION AND DEMOLITION.
   In cases where it reasonably appear that there is immediate danger to the life, health or safety of any person unless a nuisance or dangerous dwelling or structure, as defined herein, is immediately vacated and cleaned or demolished, the Building Inspector shall cause the immediate vacation and cleaning or razing of such real estate, dangerous dwelling or structure.  The costs of such emergency cleaning or razing of such real estate or dangerous dwelling or structure shall be collected in the same manner as provided in Section 1301.09.    The Building Inspector shall contact the owner of such real estate, dwelling or structure prior to taking emergency action, unless the owner cannot reasonably be found with due diligence.
(Ord. 87-6.  Passed 6-24-87.)
1301.11  DISPOSITION OF INSURANCE PROCEEDS FOR STRUCTURES DAMAGED BY FIRE.
   No insurance company doing business in the state shall pay a claim of the named insured for fire damage to a structure located with the Village where the amount recoverable for the fire loss to the structure under all insurance policies exceeds ten thousand dollars ($10,000) and is greater than or equal to sixty percent (60%) of all fire insurance policy monetary limitations unless there is compliance with the following procedures:
   (a)   When the loss agreed to between the named insured and the insurance company equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company, in accordance with Ohio R.C. 715.26(F), shall transfer from the insurance proceeds to the Village/Clerk Treasurer in the aggregate amount of one thousand dollars ($1,000) for each ten thousand dollars ($10,000) and each fraction of that amount, of a claim or, if at the time of a proof of loss agreed to between the named insured and the insurance company, the named insured has submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.
   (b)   Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or structure.  Policy proceeds remaining after the transfer to the Village may be disbursed in accordance with the policy terms.
   (c)   The named insured may submit a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the Village Clerk/Treasurer, after notifying the Village Building Inspector, shall return the amount of the funds in excess of the estimate to the named insured, provided that the Village has not commenced to remove, repair or secure the building or other structure.
   (d)   Upon receipt of proceeds by the Village as authorized by this Section, the Village Clerk/Treasurer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Village pursuant to Ohio R.C. 715.261.
   (e)   When transferring the funds as required herein, an insurance company shall provide the Village with the name and address of the named insured, whereupon the Village shall contact the named insured, certify that the proceeds have been received by the Village and notify them that the following procedures will be followed:
      (1)   The funds shall be returned by the Village Clerk/Treasurer to the named insured when repairs, or removal, or securing of the building or other structure has been completed and the required proof is received by the Village Building Inspector, provided that the Village has not incurred any costs for such repairs, removal or securing.  If the Village has incurred any costs for repairs, removal or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the Village shall transfer the remaining funds to the named insured after repair, rebuilding or removal has been completed.  Nothing in this Section shall be construed to limit the ability of the Village to recover any deficiency under Ohio R.C. 715.261.
   (f)   Nothing in Ohio R.C. 3929.56(C) and (D), as adopted herein, shall be construed to prohibit the Village and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
      (Ord. 2005-13.  Passed 8-10-05.)
1301.99  PENALTY.
   Whoever violates this chapter shall be fined not less than fifty dollars ($50.00) for the first offense and fined not less than one hundred dollars ($100.00) for each subsequent offense.  Each violation on any separate day after the day notice is given as provided herein shall be deemed a separate offense.  In addition to the stated penalty, there shall be assessed an administrative fee in the amount of fifty dollars ($50.00) for services provided by the Village Building Inspector as a result of non-compliance with the requirements of Chapter 1301 of the Codified Ordinances.
(Ord. 2010-8.  Passed 7-14-10.)
CHAPTER 1311
Building Permits; Fees
1311.01   Permit required.
1311.02   Permits; fees.
1311.03   Disposition of fees.
1311.04   Exclusions.
1311.05   Appeals.
1311.06   Expiration of building permits.
1311.99   Penalty.
 
CROSS REFERENCES
Power to regulate building erection – see Ohio R.C. 715.26, 715.29, 737.28
Ohio State building standards – see Ohio R.C. Ch. 3781
Ohio Building Code – see Ohio R.C. 3781.10
Required submission of plans of public buildings – see Ohio R.C. 3791.04
 
1311.01  PERMIT REQUIRED.
   No person shall erect, alter or demolish a building within the Village without first obtaining a permit from the Village Clerk and paying the fee required under Section 1311.02.
(Ord.  2007-8.  Passed 4-25-07.)
1311.02  PERMITS; FEES.
   (a)   Applications for permits described in Section 1311.01 shall be available at the office of the Village Clerk.  The application shall be completed and returned to the Village Clerk.  Upon receipt by the Village Clerk, the application shall be forwarded to the Building Inspector prior to approval.  The Building Inspector shall review the property that is the subject of the permit application and shall return a report to the Clerk indicating whether the Building Inspector recommends approval or denial of the permit application and the reasons therefor.
   (b)   Permit fees shall be established as follows:
      (1)   All residential permits   $30.00
      (2)   All commercial permits   $100.00
      (3)   All industrial permits      $200.00
   (c)   The work on all residential permits must be completed within 30 days of the date of the approval of the permit.  The work on all commercial and industrial permits must be completed within 60 days of the date of the approval of the permit.
   (d)   In the event that any party believes that the work cannot be completed within the time limits described herein, an extension may be requested from the Building Inspector.
   (e)   All permit fees shall be refunded, in full, if work is completed within the time frames described herein.  (Ord. 2007-8.  Passed 4-25-07.)
1311.03  DISPOSITION OF FEES.
   Fees for the issuing of permits shall be paid into the General Fund of the Village.
(Ord. 2007-8.  Passed 4-25-07.)
1311.04  EXCLUSIONS.
   No permit shall be issued to alter or erect a privy or outdoor water closet.
(Ord. 508.  Passed 7-15-48.)
1311.05  APPEALS.
   If a building permit is refused by the Clerk of Building Permits, the applicant may appeal to the Board of Zoning Appeals for a public hearing.  If the Board in their discretion believes a permit should be granted, the Building Permit Clerk shall be ordered to issue the permit.
1311.06  EXPIRATION OF BUILDING PERMITS.
   All building permits shall provide that construction of the building under such permit shall start within six months after it is issued or the permit will expire, and the permit will not continue beyond a year after its issuance except if the building is under continuous construction at the time.  (Ord. 847.  Passed 4-9-73.)
1311.99  PENALTY.
   Whoever violates any provision of this chapter shall be fined as follows:
   (a)   Any property owner/homeowner who violates any provision of this section shall be fined double the amount charged for the original permit.
   (b)   Any contractor/builder shall be fined the sum of one hundred fifty dollars ($150.00) for failure to comply with any provision of this section.
   (c)   Any contractor/builder engaged in new construction of a new structure shall be fined the sum of five hundred dollars ($500.00) for failure to comply with any provision of this section.  In the event the contractor/builder would request a special meeting of the Committee to review a possible variance, an additional fee of five hundred dollars ($500.00) shall be charged.
      (Ord. 2008-5.  Passed 3-25-08.)
CHAPTER 1321
House Numbering
1321.01    Numbering required.
 
CROSS REFERENCES
Power to regulate building numbering – see Ohio R.C. 715.26
 
1321.01  NUMBERING REQUIRED.
   The owners of property abutting the various streets and avenues within the Village are hereby required to have placed upon their residences and places of business a number designating correctly the location of their property according to plans and specifications on file with the Village Clerk. The costs of the numbering shall be assessed against the property abutting the streets and alleys.
(Ord. 209. Passed 11-15-12.)
CHAPTER 1331
Swimming Pools
1331.01   Definition.
1331.02   Location, area and height.
1331.03   Fences.
1331.04   Lights.
1331.05   Drainage.
1331.06   Permits; fees; filtration system.
1331.07   Application of chapter.
1331.99   Penalty.
 
CROSS REFERENCES
Swimming pools – see Ohio Sanitary Code Ch. HE-31
 
1331.01  DEFINITION.
   For the purpose of this chapter, “swimming pool” means a body of water of artificial construction, used for swimming or recreational bathing, which is over twenty-four inches in depth at any point and has more than 150 square feet of area on the water surface when filled to capacity, and includes the sides and bottom of such pool and the equipment and appurtenances thereof.
(Ord. 932. Passed 11-10-75.)
1331.02  LOCATION, AREA AND HEIGHT.
   (a)    No swimming pool, or part thereof, shall be located closer than ten feet to the side or rear line of the lot or parcel upon which it is situated, or closer to any street on which such lot or parcel abuts than a distance of ten feet greater than the building setback line as fixed by the Zoning Code. The area of the pool proper, exclusive of decks, walks and other appurtenances, shall not exceed ten percent of the area of the lot or parcel on which it is situated.
   (b)    The top of the walls, decks or walks of any swimming pool shall not extend more than twenty feet beyond the pool proper in each direction, except that where any side of the pool is less than twenty feet from any lot line, the difference between such distance and twenty feet shall be added to the required distance of the portion beyond the opposite side of the pool. In the event that because of the unusual shape or grade of the lot, or the location or shape of the pool, the foregoing formula cannot be applied with reasonable results, the Building Inspector shall be empowered to fix the location of the pool site to be used in determining the maximum grade of the pool, in keeping with the results sought to be achieved by the formula. In the event of dissatisfaction by any interested party with the determination of the Building Inspector, an appeal may be taken to the Building Committee of Council.
   (c)    No lights, diving boards or other accessories shall project more than ten feet above the average grade of the pool site as determined under the provisions of this section.
(Ord. 932. Passed 11-10-75.)
1331.03  FENCES.
   (a)    Every swimming pool, including existing swimming pools shall be completely surrounded by a separate fence, not less than four feet in height measured from the level of the ground where located, which shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing through or under the fence.  The Building Inspector or a member of the Building Committee of Council shall be responsible for the inspection and approval of such fences.
   (b)    A building or existing wall may be used as part of such enclosure.
   (c)    All gates or doors opening through such enclosure shall be designed to permit locking and shall be kept locked when the depth of water in the pool exceeds eighteen inches and the pool is not in actual use or is left unattended.
   (d)    No part of any fence shall be located between the building setback line fixed by the Zoning Ordinance and the street on which the lot or parcel abuts.
   (e)    These requirements shall apply to both new and existing outdoor swimming pools, except that owners of existing outdoor pools shall be given a reasonable period, not to exceed three months from the effective date of this section, in which to comply. No person, either as owner, purchaser, lessee, tenant or licensee, in possession of land within the Village upon which is situated a swimming pool shall fail to provide and maintain such fence as herein provided.
   (f)    The Building Committee or the Building Inspector, at the direction of the Building Committee, may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, gates or latches or the necessity therefore, provided the protection sought hereunder is not reduced thereby. The Building Committee or the Building Inspector, at the direction of the Building Committee, may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate or latch described herein.
(Ord. 85-3. Passed 3-13-85.)
1331.04  LIGHTS.
   All lights used for illuminating a swimming pool or the surrounding areas shall be so designed, located and installed as to confine the direct beams thereof to the lot or parcel on which the pool is located, and so as not to constitute a nuisance or undue annoyance to occupants of abutting property.
(Ord. 932. Passed 11-10-75.)
1331.05  DRAINAGE.
   Provision shall be made for drainage of a swimming pool into a public storm sewer where possible, or a sanitary sewer, unless there is a ditch or natural watercourse of sufficient size and gradient adjacent to the pool location to carry off the water satisfactorily, in which case drainage may be into such ditch or watercourse. Permission must be obtained from the Wastewater Superintendent before the pool is drained in whole or in any substantial amount, in order to prevent overloading the sewer or ditch in times of heavy rain. In no case shall the pool be drained, directly or indirectly, into any street.
(Ord. 932. Passed 11-10-75.)
1331.06  PERMITS; FEES; FILTRATION SYSTEM.
   (a)    No person shall locate, construct or install any swimming pool or make any changes therein or in the appurtenances thereof without having first submitted an application and plans therefor to, and having obtained a permit from, the Building Committee. The fee for such permit which shall be collected by the Village Clerk shall be not less then ten dollars ($10.00) in any case, and in the event of new construction shall be at the rate of one dollar and fifty cents ($1.50), for each 100 square feet of surface area, or fraction thereof, of the pool proper.
   (b)    The permit shall not be issued until the plans and specifications have been approved as to structural safety and compliance with this chapter by the Building Inspector, and the pool shall not be used until the construction thereof has been so approved by the Building Committee.
   (c)    Every pool, including existing pools, shall be provided with a filtration system approved by the Board of Health.
   (d)    No person shall use, operate, repair or maintain any swimming pool in violation of any of the provisions of this chapter or of any lawful order of the Building Committee, or in violation of any regulation of the Board of Health, or any order of the Health Commissioner issued pursuant thereto.
(Ord. 932. Passed 11-10-75.)
1331.07  APPLICATION OF CHAPTER.
   All provisions of this chapter shall apply to private or noncommercial swimming pools.  The provisions of Sections 1331.03 to 1331.07, inclusive, and Section 1331.99 shall apply to all swimming pools.
(Ord. 932. Passed 11-10-75.)
1331.99  PENALTY.
   Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00). Each day a violation exists shall constitute a separate offense.
(Ord. 932. Passed 11-10-75.)
CHAPTER 1335
Satellite Signal-Receiving Antennas
1335.01   Definitions.
1335.02   Permit required.
1335.03   Application for permit.
1335.04   Location of earth station.
1335.05   Appeals.
1335.99   Penalty.
 
CROSS REFERENCES
Unauthorized CATV connections – see Ohio R.C. 4933.42
 
1335.01  DEFINITIONS.
   (a)   “Dish-type satellite antennas”, also referred to as “earth stations” or “ground stations” means one or a combination of two or more of the following:
      (1)   A signal-receiving device (antennas, dish antenna or dish-type antennas), the purpose of which is to receive communication or other signals for
         satellite in earth orbit and other extraterrestrial sources.
      (2)   A low-noise amplifier (LNA) situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic light signals.
      (3)   A coaxial cable the purpose of which is to carry or transmit such signals to a receiver.
   (b)   “Receiver” means a television set or radio receiver.
   (c)   “Dish” means that part of a satellite receiving antenna characteristically shaped like a saucer or dish.
   (d)   “Grounding rod” means a metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.
(Ord. 85-5.  Passed 3-27-85.)
1335.02  PERMIT REQUIRED.
   No person, firm, partnership, corporation, trust or other legal entity shall construct an earth station without a permit, except for an earth station with a satellite dish of less than one meter in diameter in a residential zoned area and two meters in an industrial/commercial zoned area, nor shall construction commence before a permit is issued in accordance with Section 1335.03.
(Ord. 96-03.  Passed 6-26-96.)
1335.03  APPLICATION FOR PERMIT.
   (a)   The owner or occupant with written permission from the owner of any lot, premises, or parcel of land within the Village who desires to construct an earth station on such lot, premises or land parcel, must first obtain a permit to do so from the Building Inspector.  Except for an earth station with a satellite dish of less than one meter in diameter in a residential zoned area and two meters in an industrial/commercial zoned area.
(Ord. 96-04.  Passed 6-26-96.)
   (b)   The Building Inspector may issue such permit, provided the applicant submits a written application upon forms provided and approved by the Building Inspector, along with a plot plan of the lot, premises or land parcel attached, showing the exact location and dimensions of the proposed earth station; a description of the kind of earth station proposed;  the exact location and dimensions of all buildings or structures on the lot, premises or land parcel; construction plans and specifications showing the elevations of the proposed earth station upon completion.  Each application shall specify among other things the name and address of the owner of the real estate; the applicant;  the person who prepared the construction plans and specifications; and the person to be permitted to construct the proposed earth station.
   (c)   The applicant shall submit with each application the sum of twenty dollars ($20.00) which represents the permit fee.  The Village Clerk is hereby authorized to collect the permit fees under this chapter.  The permit fee shall cover the costs of reviewing the construction plans and specifications, inspecting the final construction and processing the application.  The Village Clerk is authorized to issue a building permit under this chapter for those applications approved by the Building Inspector.
(Ord. 85-5.  Passed 3-27-85.)
1335.04  LOCATION OF EARTH STATION.
   (a)   Ground-Mounted.  No earth station shall be constructed in any front or side yard, but, shall be constructed to the rear of the residence or the main structure.  The earth station shall not substantially obscure or interfere with the view from surrounding properties.
Exception:  An earth station (satellite dish) may be located in a side yard if it is less than one meter in diameter, but less than four feet in height from the gound level, a minimum of five feet from any property line and cannot be viewed from any abutting street because of landscape screening.
Exception:  An earth station (satellite dish) may be located in a front yard if it is less than one meter in diameter, is five feet from any property line, set back a minimum of twenty- five feet from the street and cannot be viewed from any abutting street because of landscape screening. 
   The above exceptions (or exception) are deemed reasonable and fair, and would enhance the safety and aesthetic values of the Village.  Also, it is the firm belief of Village officials that the exceptions would not unnecessarily burden access to satellite services and would not hinder fair and effective competition among service providers.
   (b)   Roof-Mounted.  Earth stations may be mounted directly upon the roof of a primary or accessory structure, and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles or spires.
Exception:  An earth station (satellite dish) may be located on any structure if it is less than one meter in diameter, does not extend more than three feet above the roof and will not properly operate if located on a rear roof.
   The above exceptions (or exception) are deemed reasonable and fair and would enhance the safety and aesthetic values of the Village.  Also, it is the firm belief of Village officials that the exceptions would not unnecessarily burden access to satellite services and would not hinder fair and effective competition among service providers.
(Ord. 96-05.  Passed 6-26-96.)
1335.05  APPEALS.
   Any person who seeks a permit for an earth station who does not agree with an order given by the Building Inspector under this chapter shall have the right to request a hearing before Council at a regular or special meeting called for that purpose and Council shall listen to the complaint of that person.  Council may confirm or overrule the order of the Building Inspector.  Council may permit modifications in individual cases, upon a showing of good cause, provided the goals and purposes provided in this chapter will be substantially met.  Council may direct the Building Committee to inspect the proposed plan and subject premises and report at the next regular Council meeting with a recommendation concerning the request.
(Ord. 85-5.  Passed 3-27-85.)
1335.99  PENALTY.
   Whosoever violates any provisions of this chapter, shall be fined not more than two hundred fifty dollars ($250.00).  A separate violation shall be deemed to have been committed each day during or on which a violation occurs or continues to occur.
(Ord. 85-5.  Passed 3-27-85.)
CHAPTER 1341
Signs
1341.01   Yard signs.
1341.02   Political signs.
1341.03   Placement of signs.
1341.99   Penalty.
 
CROSS REFERENCES
Power to regulate advertising – see Ohio R.C. 715.65
Advertising on State and interstate highways – see Ohio R.C. Ch. 5516
 
1341.01  YARD SIGNS.
   Yard signs shall be defined as any sign used in any way to advertise a yard sale. Such yard sale signs shall be taken down within twenty-four hours of the sale’s end. No yard sale shall last longer than three days.
(Ord. 83-3. Passed 2-8-83.)
1341.02  POLITICAL SIGNS.
   (a)    No person shall attach or place any political sign, advertisement or poster within the limits of the right-of-way of any public street or highway in the Village.
   (b)    No person shall attach or place any political sign, advertisement or poster upon any lamp post, electric light, railway, telephone or utility pole, shade tree, fire hydrant or any box covering them or any bridge, pavement, sidewalk, crosswalk, public building or any property belonging to the Village.
   (c)    No person shall attach or place any political sign, advertisement or poster upon any public utility facility within the Village.
   (d)    No person shall attach or place any political sign, advertisement or poster so as to obstruct the vision of vehicular traffic, or at any location where it may interfere with or be confused with any traffic control device.
   (e)    No person shall attach or place any political sign, advertisement or poster on the private property of another without the consent of the property owner, tenant, occupant or other person authorized to give such consent.
   (f)    No political sign, advertisement or poster shall remain posted for a period exceeding ten days from the date of the election to which it pertains. In those instances where the political sign, advertisement or poster pertains to a candidate for public office, it shall be the responsibility of the candidate and the candidate’s campaign committee to remove all signs, advertisements or posters within the time period set forth herein. In those instances where the political sign, advertisement or poster pertains to an issue being submitted to the electorate, it shall be the responsibility of the chairman of the committee posting the signs, advertisements or posters or of the person identified as the chairman of such committee on such sign, advertisement or poster to remove the same within the time period set forth herein.
   (g)    Whoever violates any provision of this section shall be guilty of a minor misdemeanor. Each sign, advertisement or poster placed, and each day the same shall be permitted to remain, in violation of this section, shall constitute a separate offense.
(Ord. 91-19. Passed 12-11-91.)
1341.03  PLACEMENT OF SIGNS.
   No signs, electric or otherwise, shall be placed on a public sidewalk, between a sidewalk and a curb, or on any Village property.
(Ord. 83-3. Passed 2-8-83.)
1341.99  PENALTY.
   Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor for the first offense. Any person who violates any provision of this chapter, as a second offense, shall be guilty of a misdemeanor of the fourth degree. Any such violation shall constitute a separate offense on each day the violation exists.
(Ord. 83-3. Passed 2-8-83.)
CHAPTER 1351
House Trailers
1351.01   Definitions.
1351.02   General restriction; exceptions.
1351.03   Parking prohibited outside park; exception.
1351.04   Existing nonconforming  parking; Liaison Committee.
1351.05   Trailer and site requirements; permit; fee.
1351.06   Permit issuance.
1351.07   Variance.
1351.08   Owner’s responsibility.
1351.99   Penalty.
 
CROSS REFERENCES
Off-street parking facilities – see Ohio R.C. 717.05 et seq.
Trailer parks – see Ohio R.C. Ch. 3733
House trailer defined – see Ohio R.C. 4501.01(I)
State license plate fee – see Ohio R.C. 4503.04(C)
Tax levy on house trailers – see Ohio R.C. 4503.06 et seq.
Register; information open to inspection – see Ohio R.C. 4503.062
Parking upon sidewalks, street lawns or curbs – see TRAF. 351.03
Storage of inoperable vehicles – see TRAF. 351.05
 
1351.01  DEFINITIONS.
   (a)   As used in this chapter and the Codified Ordinances, except as otherwise provided, the terms “house trailer” or “mobile home” mean any non-self propelled vehicle or unit so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, on a regular or temporary basis, when connected to indicated utilities, whether resting on wheels, jacks, or other temporary foundations and used or so constructed as to permit its being conveyed upon the public streets, roads or highways.  Standard manufacturer’s reference to “house trailer” or “mobile home” shall be considered prima-facie evidence of such vehicles or units defined by this section. 
(Ord. 84-2.  Passed 2-8-84.)
   (b)   “Motorized home”, for purposes of this chapter, means a self-propelled vehicle.
   (c)   “Pick-up camper”, “travel trailer” and “folding tent trailer” are vehicles of a portable nature built on a chassis, and not exceeding an overall length of thirty feet on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses and permanently identified “travel trailer”, “motorized home”, “pick-up camper” or “folding tent trailer” by the manufacturer.
(Ord. 798.  Passed 5-19-70.)
   (d)   “Owner” includes any person, firm or corporation other than a manufacturer or dealer having title to the house trailer or mobile home.
(Ord. 84-2.  Passed 2-8-84.)
1351.02  GENERAL RESTRICTION; EXCEPTIONS.
   (a)   General Restriction.  No owner, agent or any other person, firm or corporation shall park any house trailer, mobile home, travel trailer, pickup camper, motorized home or folding tent trailer or similar type vehicle or structure on any tract of land owned by any person, firm or corporation, for the purpose of human habitation, within the Village except as provided in this chapter.
   (b)   Exceptions.
      (1)   This section shall not apply to housing units commonly described as “doublewide” mobile homes or “doublewide” modular homes when said doublewide mobile home or doublewide modular home is located on a block foundation with the tongue, axle, and tires removed.
      (2)   In the event an existing mobile home or house trailer as defined herein is destroyed or rendered uninhabitable by an act of God, fire, tornado or similar catastrophic event, the owner of said house trailer or mobile home shall be permitted to replace the mobile home or house trailer with a mobile home or house trailer not older than five years of age.  Said replacement mobile home or house trailer shall be approved by the Village Administrator prior to installation.
         (Ord. 2004-04.  Passed 6-9-04.)
1351.03  PARKING PROHIBITED OUTSIDE PARK; EXCEPTION.
   No person shall park or occupy any house trailer or mobile home on the premises of any occupied welling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of a mobile home park approved under Ohio R.C. Chapter 3733, except as provided by Section 1351.05; except that the parking of only one unoccupied travel trailer, pick-up camper, motorized home or folding tent trailer or similar type vehicle in an accessory private garage building or in a rear yard in any district or lot is permitted if no living quarters are maintained or any business practiced in such vehicles while such travel trailer, pick-up camper, motorized home or folding tent trailer is so parked or stored. 
(Ord.  798.  Passed 5-19-70.)
1351.04  EXISTING NONCONFORMING PARKING; LIAISON COMMITTEE.
   Notwithstanding Section 1351.02 nothing contained in this chapter shall in any way effect any house trailer or mobile home now parked or used by any person for such purpose prior to the effective date of this section (Ordinance 798, passed May 19, 1970) insofar as such uses were in compliance with the ordinances and laws of the Village at the time of the effective date of this section (Ordinance 798, passed May 19, 1970).  Should any such trailer within the business district of the Village limits be moved or removed it shall be lawful to return or replace such trailer on the same lot or location rom which the trailer had been moved or removed by the same owner, if that application is applied for with the Liaison Committee of Council within a thirty-day period from the time the trailer was removed and upon satisfactory proof that a replacement trailer is on order, the same may be replaced within an additional ninety days.  The replacement trailer need not be the identical trailer which was moved or removed, but the replacement trailer must be approved by the Liaison Committee of Council, as set forth by the terms and conditions of this chapter.
(Ord. 798.  Passed 5-19-70.)
1351.05  TRAILER AND SITE REQUIREMENTS; PERMIT; FEE.
   House trailers and mobile homes shall not be used as permanent places of abode or as permanent dwellings or for indefinite periods of time, except under the following conditions:
   (a)   All house trailers, mobile homes or similar type vehicles or structures shall be located only in a licensed trailer park.
   (b)   (1)   No house trailer, mobile home or similar type vehicle greater than five years of age shall be placed in any licensed trailer park within the City limits.
      (2)   All house trailers, mobile homes or similar type vehicles greater than five years of age which are presently located in a licensed trailer park shall, upon change of ownership, be immediately removed by such licensed trailer park.
   (c)   (1)   Each house trailer, mobile home or similar type vehicle not currently located in a licensed trailer park shall at all times authorized under this chapter, be the residence of its registered owner and it shall be unlawful to rent, lease or sublet the use of such house trailer, mobile home or similar type vehicle for the use of others.
(Ord. 13-2003.  Passed 9-24-03.)
      (2)   A.   Any house trailer, mobile home or similar type of vehicle currently located within the Village shall be removed upon a change in ownership unless such house trailer, mobile home or similar type vehicle is in current compliance with the standards established by the Codified Ordinances of the Village.
         B.   Any person desiring to transfer ownership of a house trailer, mobile home or similar type vehicle shall, at least 30 days prior to the change in ownership, notify the Building Inspector in writing.  The Building Inspector shall conduct an inspection of the house trailer, mobile home or similar type vehicle to determine whether or not it is in compliance with the standards established by the Codified Ordinances of the Village.
         C.   The Building Inspector shall notify, in writing, the person seeking a change in ownership of the decision relative to the compliance with the standards established in the Codified Ordinances of the Village.
         D.   A person who disagrees with the decision of the Village Building Inspector relative to the determination of compliance shall have the right to file an appeal to Council.  Said appeal shall be in writing and shall be filed within fifteen days of the receipt of the notice of the Village Building Inspector.
         E.   Council shall, after a review of the appeal, render a decision, in writing, by majority vote, within fifteen days and forward the same to any person filing an appeal setting forth the reasons for the granting or denial of the appeal.
            (Ord. 2010-10.  Passed 10-20-10.)
   (d)   A permit for each house trailer, mobile home or similar type of vehicle to be used as a permanent place of abode, as a permanent dwelling or for indefinite periods of time shall first be obtained from the Village.  A fee of twenty dollars ($20.00) shall be charged for the permit.
   (e)   Each house trailer, mobile home or other similar type of vehicle shall be equipped with underskirting of a corresponding or matching material used in the construction of each individual trailer.
   (f)   Each house trailer or mobile home shall be at least forty feet in length and shall be no more than five years old from the date of its first sale by its manufacturer, at the time it is authorized for a location under the provisions of this chapter.
   (g)   Every house trailer moved and placed within the Village after the effective date of this section, shall within thirty days be equipped with tie down straps sufficient to anchor the trailer in place, and shall obtain the written approval of the Building Inspector to that effect.
   (h)   Each house trailer, mobile home or similar type vehicle shall be properly connected with the Village sanitary/sewer system and the Village water system, together with all other utility connections, in compliance with all requirements of the ordinances and regulations as may be in existence in the Village in regard to dwellings.  (Ord. 13-2003.  Passed 9-24-03.)
1351.06  PERMIT ISSUANCE.
   The Village Administrator shall issue a permit to an applicant according to the requirements of this chapter upon satisfactory proof that the requirements as set forth in this chapter have been complied with.
(Ord. 13-2003.  Passed 9-24-03.)
1351.07  VARIANCE.
   A variance of the age requirement for house trailers and mobile homes may be granted by Council upon proper application by the owner of a house trailer or mobile home.  Such application shall be considered in the following manner:
   (a)   An owner of a house trailer or mobile home who desires that a variance be granted shall request a variance addressed to the Chairman of the Building Committee of Council.
   (b)   Upon receipt of such written request for variance, the Building Committee shall consider such request and report its recommendations to Council at its next regular meeting.
   (c)   In determining whether a variance shall be allowed, the following matters shall be considered:
      (1)   Whether the subject house trailer or mobile home is being used or could be used in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition, which would adversely affect the surrounding area or adjoining premises.
      (2)   Whether the granting of a variance would substantially alter or injure the character of the neighborhood in which the house trailer or mobile home is located or will be located.
      (3)   Whether the physical condition and appearance of the subject house trailer or mobile home is such that to grant a variance would achieve substantial justice and service the spirit of the age requirement for house trailers and mobile homes.
      (4)   Whether denial of a variance would work an undue and unreasonable economic hardship upon the owner of the subject house trailer or mobile home. (Ord. 84-2.  Passed 2-8-84.)
1351.08  OWNER’S RESPONSIBILITY.
   An owner of a house trailer or mobile home shall be responsible for compliance with the requirements for house trailers and mobile homes in the Village.
(Ord. 84-2.  Passed 2-8-84.)
1351.99  PENALTY.
   Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00) per day for every day the person is in violation of this chapter.  It shall be deemed a violation when any person parks or uses a house trailer or mobile home for occupancy without a permit from the Village or without an approved variance from Council.  Each day a house trailer or mobile is illegally occupied or parked shall be considered a separate violation.  (Ord. 13-2003.  Passed 9-24-03.)
CHAPTER 1361
Flood Damage Reduction
1361.01   General provisions.
1361.02   Definitions.
1361.03   Administration.
1361.04   Use and development standards for flood hazard reduction.
1361.05   Appeals and variances.
1361.06   Enforcement.
 
CROSS REFERENCES
Construction permits and prohibitions for dams, dikes or levees – see Ohio R.C. 1521.06
Marking flood areas – see Ohio R.C. 1521.14
Ohio Water Commission  – see Ohio R.C. 1525.01 et seq.
Conservancy districts, purpose – see Ohio R.C. 6101.04
1361.01  GENERAL PROVISIONS.
   (a)   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 Village  of Byesville, State of Ohio, does ordain as follows:
   (b)   Findings of Fact.  The Village of Byesville has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
   (c)   Statement of Purpose.  It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
      (1)   Protect human life and health;
      (2)   Minimize expenditure of public money for costly flood control projects;
      (3)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
      (4)   Minimize prolonged business interruptions;
      (5)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
      (6)   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
      (7)   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
      (8)   Minimize the impact of development on adjacent properties within and near flood prone areas;
      (9)   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
      (10)   Minimize the impact of development on the natural, beneficial values of the floodplain;
      (11)   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
      (12)   Meet community participation requirements of the National Flood Insurance Program.
   (d)   Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
      (1)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
      (2)   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
      (3)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
      (4)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
      (5)   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.
   (e)   Lands to Which These Regulations Apply.  These regulations shall apply to all areas of special flood hazard within the jurisdiction of the Village of Byesville as identified in subsection (f) hereof, including any additional areas of special flood hazard annexed by Village of Byesville.
   (f)   Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
      (1)   Flood Insurance Study Guernsey County, Ohio and Incorporated Areas and Flood Insurance Rate Map Guernsey County, Ohio and Incorporated Areas both effective August 16, 2011.
      (2)   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
      (3)   Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the Village of Byesville as required by Section 1361.04(c).
Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Village Clerk’s Office, 221 Main Ave. Byesville, Ohio 43722.
   (g)   Abrogation and Greater Restrictions.  These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction covenant or easement but the land subject to such interests shall also be governed by the regulations.
   (h)   Interpretation.  In the interpretation and application of these regulations, all provisions shall be:
      (1)   Considered as minimum requirements;
      (2)   Liberally construed in favor of the governing body; and,
      (3)   Deemed neither to limit nor repeal any other powers granted under state statutes.  Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
   (i)   Warning and Disclaimer of Liability.  The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.  Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the Village of Byesville, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
   (j)   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2011-11.  Passed 6-22-11.)
1361.02  DEFINITIONS.
   Unless specifically defined below, words or phrases used in these regulations shall be
interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
   (a)   Accessory Structure:  A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
   (b)   Appeal:  A request for review of the floodplain administrator’s interpretation of any provision of these regulations or a request for a variance.
   (c)   Base Flood:  The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.
   (d)   Base (100-Year) Flood Elevation (BFE):  The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
   (e)   Basement:  Any area of the building having its floor subgrade (below ground level) on all sides.
   (f)   Development:  Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
   (g)   Enclosure Below the Lowest Floor:  See “Lowest Floor.”
   (h)   Executive Order 11988 (Floodplain Management):  Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
   (i)   Federal Emergency Management Agency (FEMA):  The agency with the overall responsibility for administering the National Flood Insurance Program.
   (j)   Fill:   A deposit of earth material placed by artificial means.
   (k)   Flood or Flooding:  A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland or tidal waters, and/or
      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.
   (l)   Flood Hazard Boundary Map (FHBM):  Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
   (m)   Flood Insurance Rate Map (FIRM):  An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
   (n)   Flood Insurance Risk Zones:  Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
      (1)   Zone A:  Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
      (2)   Zones A1-30 and Zone AE:  Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
      (3)   Zone AO:  Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
      (4)   Zone AH:  Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas ofponding); base flood elevations are determined.
      (5)   ZoneA99:  Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
      (6)   Zone B and Zone X (shaded):  Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
      (7)   Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.
   (o)   Flood Insurance Study (FIS): The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
   (p)   Flood Protection Elevation:  The Flood Protection Elevation, or FPE, is the base flood elevation. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.
   (q)   Floodway:    
      (1)    A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in  the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
      (2)   The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
   (r)   Freeboard:  A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
   (s)   Historic structure:  Any structure that is:
      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
      (3)   Individually listed on the State of Ohio’s inventory of historic places maintained by the Ohio Historic Preservation Office.
   (t)   Hydrologic and hydraulic engineering analysis:  An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
   (u)   (Letter of Map Change (LOMC):  A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
      (1)   Letter of Map Amendment (LOMA):  A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
      (2)   Letter of Map Revision (LOMR):  A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
      (3)   Conditional Letter of Map Revision (CLOMR):  A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
   (v)   Lowest floor:  The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an “enclosure below the lowest floor” which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the  applicable design requirements specified in these regulations for enclosures below the lowest floor.
   (w)   Manufactured home:  A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
   (x)   Manufactured home park:  As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
   (y)   National Flood Insurance Program (NFIP):  The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
   (z)   New construction:  Structures for which the “start of construction” commenced on or after the initial effective date of the Village of Byesville Flood Insurance Rate Map, February 17, 1989, and includes any subsequent improvements to such structures.
   (aa)   Person:  Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. “Agency” does not include the general assembly, the controlling board, the adjutant general’s department, or any court.
   (bb)   Recreational vehicle:  A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and ( 4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
   (cc)   Registered Professional Architect:  A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Revised Code.
   (dd)   Registered Professional Engineer:  A person registered as a professional engineer under Chapter 4733 of the Revised Code.
   (ee)   Registered Professional Surveyor:  A person registered as a professional surveyor under Chapter 4733 of the Revised Code.
   (ff)   Special Flood Hazard Area:  Also known as “Areas of Special Flood Hazard”, it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, Al-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
   (gg)   Start of construction:  The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
   (hh)   Structure:  A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
   (ii)   Substantial Damage:  Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
   (jj)   Substantial Improvement:  Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of. the improvement. This term includes structures, which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include:
      (1)   Any improvement to a structure that is considered “new construction,”
      (2)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
      (3)   Any alteration of a “historic structure,” provided that the alteration would not preclude the structure’s continued designation as a “historic structure”.
   (kk)   Variance:  A grant of relief from the standards of these regulations consistent with the variance conditions herein.
   (ll)   Violation:  The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 2011-11.  Passed 6-22-11.)
1361.03  ADMINISTRATION.
   (a)   Designation of the Floodplain Administrator.  The Building Inspector is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
   (b)   Duties and Responsibilities of the Floodplain Administrator.  The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
      (1)   Evaluate applications for permits to develop in special flood hazard areas.
      (2)   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
      (3)   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
      (4)   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
      (5)   Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
      (6)   Enforce the provisions of these regulations.
      (7)   Provide information, testimony, or other evidence as needed during variance hearings.
      (8)   Coordinate map maintenance activities and FEMA follow-up.
      (9)   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
   (c)   Floodplain Development Permits.  It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1361.01(f), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
   (d)   Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development’s location. Such applications shall include, but not be limited to:
      (1)   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
      (2)   Elevation of the existing, natural ground where structures are proposed.
      (3)   Elevation of the lowest floor, including basement, of all proposed structures.
      (4)   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
      (5)   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
         A.   Floodproofing certification for non-residential floodproofed structure as required in Section 1361.04(e).
         B.   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1361.04(d)(5) are designed to automatically equalize hydrostatic flood forces.
         C.   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1361.04(i)(3).
         D.   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1361.04(i)(2).
         E.   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1361.04(i)(1).
         F.   Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1361.04(c).
      (6)   A floodplain development permit application fee of fifty dollars ($50.00) is due at submission of the complete application packet.
   (e)   Review and Approval of a Floodplain Development Permit Application.
      (1)   Review.
         A.   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in subsection (d) hereof has been received by the Floodplain Administrator.
         B.   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
      (2)   Approval.  Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
   (f)   Inspections.  The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
   (g)    Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
      (1)   For new or substantially improved. residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner’s representative.
      (2)   For all development activities subject to the standards of subsection (j)(1), a Letter of Map Revision.
   (h)   Revoking a Floodplain Development Permit.  A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1361.05.
   (i)   Exemption from Filing a Development Permit. 
      (1)   An application for a floodplain development permit shall not be required for:
         A.    Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
         B.    Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
         C.    Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
         D.    Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
         E.    Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988- Floodplain Management.
      (2)   Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
   (j)   Map Maintenance Activities.  To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Village of Byesville’s flood maps, studies and other data identified in Section 1361.01(f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
      (1)   Requirement to Submit New Technical Data.
         A.   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
            1.   Flood way encroachments that increase or decrease base flood elevations or alter floodway boundaries;
            2.   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
            3.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
            4.   Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1361.04(c).
         B.   It is the responsibility of the applicant to have technical data, required in accordance with Section 1361.03(j)(1), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
         C.   The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
            1.   Proposed floodway encroachments that increase the base flood elevation; and
            2.   Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
         D.   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1361.03(j)(1)A.
      (2)   Right to Submit New Technical Data.  The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the Village of Byesville, and maybe submitted at any time.
      (3)   Annexation/Detachment.  Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the Village of Byesville have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Village of Byesville Flood Insurance Rate Map accurately represent the Village of Byesville boundaries, include within such notification a copy of a map of the Village of Byesville suitable for reproduction, clearly showing the new corporate limits or the new area for which the Village of Byesville has assumed or relinquished floodplain management regulatory authority.
   (k)   Data Use and Flood Map Interpretation.  The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
      (1)   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
      (2)   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
      (3)   When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
         A.   Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
         B.   Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and /or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
      (4)   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1361.05, Appeals and Variances.
      (5)   Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
   (l)   Substantial Damage Determinations.
      (1)   Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
         A.   Determine whether damaged structures are located in special flood hazard areas;
         B.    Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
         C.    Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
      (2)   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
         (Ord. 2011-11.  Passed 6-22-11.)
1361.04  USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
   The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 1361.01(f) or 1361.03(k)(1):
   (a)   Use Regulations.
      (1)   Permitted Uses.  All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Village of Byesville are allowed provided they meet the provisions of these regulations.
      (2)   Prohibited Uses.
         A.   Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
         B.   Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
   (b)   Water and Wastewater Systems.  The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
      (1)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
      (2)   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
      (3)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
   (c)   Subdivisions and Large Developments.
      (1)   All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
      (2)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
      (3)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
      (4)   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
      (5)   The applicant shall meet the requirement to submit technical data to FEMA in Section 1361.03(j)(1)A.4. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1361.04(c)(4).
   (d)   Residential Structures.
      (1)   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.
      (2)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
      (3)   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
      (4)   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
      (5)   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
         A.   Be used only for the parking of vehicles, building access, or storage; and
         B.   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
         C.   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
      (6)   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
      (7)   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1361.04 (d).
      (8)   In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
   (e)   Nonresidential Structures.
      (1)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1361.04(d)(1)-(3) and (5)-(8).
      (2)   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
         A.   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
         B.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
         C.   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1361.04(e)(2)A. and B.
      (3)   In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
   (f)   Accessory Structures.  Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
      (1)   They shall not be used for human habitation;
      (2)   They shall be constructed of flood resistant materials;
      (3)   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
      (4)   They shall be firmly anchored to prevent flotation;
      (5)   Service facilities such as electrical and beating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
      (6)   They shall meet the opening requirements of Section 1361.04(d)(5)C.
   (g)   Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
      (1)   They shall not be located on sites in special flood hazard areas for more than 180 days, or
      (2)   They must be fully licensed and ready for highway use, or
      (3)   They must meet all standards of Section 1361.04(d).
   (h)   Above Ground Gas or Liquid Storage Tanks.  All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
   (i)   Assurance of Flood Carrying Capacity.  Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
      (1)   Development in Floodways.
         A.   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
         B.   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the. applicant:
            1.   Meet the requirements to submit technical data in Section 1361.03(j)(1);
            2.   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
            3.   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
            4.   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
            5.   Concurrence of the Mayor of the Village of Byesville and the Chief Executive Officer of any other communities impacted by the proposed actions.
      (2)   Development in Riverine Areas with Base Flood Elevations but No Floodways.
         A.   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
         B.   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
            1.   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
            2.   Section 1361.04(i)(1)B., items 1. and 3.-5.
      (3)   Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the “bankfull stage.” The field determination of”bankfull stage” shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
         A.   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
         B.   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
         C.   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Village of Byesville specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
         D.   The applicant shall meet the requirements to submit technical data in Section 1361.03(j)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
            (Ord. 2011-11.  Passed 6-22-11.)
1361.05  APPEALS AND VARIANCES.
   (a)   Appeals Board Established.
      (1)   The Byesville Village Council is hereby appointed to serve as the Appeals Board for these regulations as established by Village Code.
      (2)   Records of the Appeals Board shall be kept and filed in the Village Clerk’s Office, 221 Main Ave. Byesville, Ohio 43722.
   (b)   Powers and Duties.
      (1)   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
      (2)   Authorize variances in accordance with Section 1361.05(d).
   (c)   Appeals.
      (1)   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within 30 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator’s decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator’s decision was made to the Appeals Board.
      (2)   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
   (d)   Variances.  Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
      (1)   Application for a Variance.
         A.   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt ofthe variance shall transmit it to the Appeals Board.
         B.   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
         C.   A floodplain variance application fee of one hundred dollars ($100.00) is due at submission of the complete application packet.
      (2)   Notice for Public Hearing.  The Appeals Board shall schedule and hold a public hearing within thirty (30) days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one  (1) or more newspapers of general circulation in the community at least ten (10) days before the date of the hearing.
      (3)   Public Hearing.  At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
         A.   The danger that materials may be swept onto other lands to the injury of others.
         B.   The danger to life and property due to flooding or erosion damage.
         C.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
         D.   The importance of the services provided by the proposed facility to the community.
         E.   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
         F.   The necessity to the facility of a waterfront location, where applicable.
         G.   The compatibility of the proposed use with existing and anticipated development.
         H.   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
         I.   The safety of access to the property in times of flood for ordinary and emergency vehicles.
         J.   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
         K.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
      (4)   Variances shall only be issued upon:
         A.   A showing of good and sufficient cause.
         B.   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
         C.   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
         D.   A determination that the structure or other development is protected by methods to minimize flood damages.
         E.   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
      (5)   Other Conditions for Variances.
         A.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
         B.   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1361.05(d)(3)A. to K. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
         C.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
   (e)   Procedure at Hearings.
      (1)   All testimony shall be given under oath.
      (2)   A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
      (3)   The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
      (4)   The administrator may present evidence or testimony in opposition to the appeal or variance.
      (5)   All witnesses shall be subject to cross-examination by the adverse party or their counsel.
      (6)   Evidence that is not admitted may be proffered and shall become part of the record for appeal.
      (7)   The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
      (8)   The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
   (f)   Appeal to the Court.  Those aggrieved by the decision of the Appeals Board may appeal such decision to the Guernsey County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 2011-11.  Passed 6-22-11.)
1361.06  ENFORCEMENT.
   (a)    Compliance Required.
      (1)   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1361.03(i).
      (2)   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1361.06(c).
      (3)   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1361.06(c).
   (b)   Notice of Violation.  Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
      (1)   Be put in writing on an appropriate form;
      (2)   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
      (3)   Specify a reasonable time for performance;
      (4)   Advise the owner, operator, or occupant of the right to appeal;
      (5)   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person’s last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
   (c)   Violations and Penalties.  Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the Village of Byesville. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of Byesville from taking such other lawful action as is necessary to prevent or remedy any violation. The Village of Byesville shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 2011-11.  Passed 6-22-11.)
CHAPTER 1371
Fences and Screen Walls
1371.01   Definitions.
1371.02   Types of fences permitted.
1371.03   General requirements for fences and screen walls.
1371.04   Specifications for wood fences.
1371.05   Maximum height.
1371.06   Specifications for chain link fences.
1371.07   Permit and inspection.
1371.08   Setback.
1371.09   Maintenance.
1371.10   Corner and through-lot fences.
1371.11   Compliance required;  conflicting provisions.
1371.99   Penalty.
 
CROSS REFERENCES
Barbed wire or electric – see GEN. OFF. 521.07
Swimming pool – see BLDG. 1331.03
 
1371.01  DEFINITIONS.
   The following terms shall have the following definitions for purposes of this Chapter  of the Building Code:
   (a)   “Fence” means the installation of acceptable material at or along the property line or lines to define or enclose the property or to prevent entry to an area such as a garden or a pool area or other body of water.
   (b)    “Screen wall” means an exterior wall installed to provide privacy or secure a specific point or place such as a swimming pool, a deck, patio, arbor or balcony.  (Ord. 01-08.  Passed 7-11-01.)
1371.02  TYPES OF FENCES PERMITTED.
   The following types of fences shall be permitted on property when the applicable  section of the Village Zoning Code authorizes construction of fences in the district of the Village where the property is located:
   (a)    Solid Board. A board fence where the boards are installed against each other so as to provide a solid wall that doesn’t allow seeing through or the passage of air.
   (b)    Spaced Board. A board fence where there is a space left between the boards so as to allow the flow of air and allow seeing through.  Typically, the space is anywhere from one inch (1″) up to the width of the vertical boards.
   (c)    Board on Board (or Shadow Box). A fence constructed like a Solid Board Fence, except that the fence boards are installed alternately from one side of the fence fails (or stringers) to the other. Boards can run either vertically or horizontally.
   (d)    Louver. A fence where the boards are installed on an angle between the rails or posts to direct sunlight or air. Boards may be installed either vertically or horizontally.
   (e)    Basket Weave. A fence where thin basket boards are woven alternately around small wooden  members which extend through the height of the weave. (Requires high quality, flexible wood because of the thinness.)
   (f)    Post and Rail (commonly called split rail). A rustic fence where split rails are inserted into slotted posts. Two and three horizontal rails are common.
   (g)    Post and Board (commonly called paddock or corral). A type of fence with horizontal boards fastened to the face of the posts, or inserting into slotted posts. Two, three and four horizontal boards are common. A variation is a “crossbuck” pattern where two boards diagonally cross each other between the top and bottom boards on a two board style.
   (h)    Picket. A fence that is typically a spaced board fence four feet (4′) or less in height usually with a blunted point cut at 45° angles, or rounded, or with a gothic point.
   (i)    Good Neighbor Fence. Any solid or spaced board fence where the face boards are installed at the center of the posts so that the fence looks the same from both sides.
   (j)    Stockade. A fence, usually installed as solid wood, where the cover boards or pickets are milled or sliced to half round with the top finished to a pointed or conical point.
   (k)    Chain Link.
   (1)    Premanufactured Vinyl Fences.
   (m)    Brick or Stone Fences.
   (n)    Decorative Wrought Iron (or other metal manufactured to look like wrought iron) Fences.  (Ord. 01-08.  Passed 7-11-01.)
1371.03  GENERAL REQUIREMENTS FOR FENCES AND SCREEN WALLS.
   (a)    The following requirements shall apply only to the construction of fences:
      (1)   Fences shall be installed so that the finished side is to the neighbor’s view. All posts and structural members shall be on the side facing the installer’s property. (Exception: when the style of fencing commonly described as “Good Neighbor Fence” is utilized.)
      (2)   Fencing shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground as far as is practical. Adjustments for grade shall occur at the bottom of the fence. Where adjustments for grade changes are severe enough to require stepping, a minimum of eight feet (8′) of uniform fence run shall be maintained prior to each step.
      (3)   Where a neighbor has already installed a fence along a property line an additional fence will not be permitted. If a neighbor’s fence does not border the entire property line a new section of fence may be installed along that portion of the property line. If the installation leaves gaps, connection to the existing fence may be made with the neighbor’s permission. If the neighbor will not allow physical connection to their fence, then the new fence can be cantilevered to project to within four inches of the existing fence but may not cross the property line.
      (4)   The height of the fence shall be controlled by the applicable provisions of the Village Zoning Code for the district in which the fence will be located. The height of fences shall be measured from a point not to exceed six inches (6″) above the finished grade line or natural contour of the ground.
   (b)   The following requirements shall apply only to the construction of screen walls:
      (1)   Screen walls shall be installed so that all posts and structural members are covered with a finish material to within at least twelve inches but no closer than eight inches of grade unless treated for grounds contact.  Materials shall be listed for exterior use and be compatible with the structure to which it is adjoined. (Exception: when fencing materials are used for a screen wall they shall be installed so the finished side is to the neighbor’s view.)
      (2)   Screen walls shall be installed plumb and the top finish of the wall shall be level. Adjustments for grade shall occur at the bottom of the wall Where adjustments for grade changes are severe enough to require stepping, a minimum of sixteen feet of uniform wall run shall be maintained prior to each step. The bottom of the screen wall shall not leave gaps from grade of more than twelve inches (12″).
      (3)   The height of a screen wall that is attached to the main structure shall not exceed six feet (6′) above the floor, deck, balcony, or patio and must comply to all setback requirements of the main structure. The height above grade of the screen wall that is independent from the main structure or does not meet the setback requirements for main structures shall comply with regulation in the Zoning Code for a fence. (Exception: a screen wall used to provide privacy for a swimming pool that complies with the accessory use requirements and setbacks may be built to a height of six feet (6′) above the floor level of an attached deck or the water surface.)
   (c)    The following requirements shall apply to both fences and screen walls:
      (1)   All fences and screen walls shall be erected to withstand a fifteen pound horizontal wind pressure, shall be placed perpendicular to the ground and shall be substantially and properly supported according to the standard practice.
      (2)   Fencing and screen walls shall not be topped with sharp points such as may readily result in bodily injury and no portion of fencing shall be of barbed wire.
      (3)   Where solid fences or screen walls are erected and where a water drainage situation occurs, such problem shall be disposed of by placing adequate outlets at the bottom of the fence or screen wall to eliminate possible accumulation of stagnant water or other undesirable conditions.
         (Ord. 01-08.  Passed 7-11-01.)
1371.04  SPECIFICATIONS FOR WOOD FENCES.
   The following specifications, derived from ASTM F 537 and Standard Practice in the Fence Industry, shall apply to the materials and construction of wood fences:
   (a)    Posts and Framing. Post spacing shall not exceed eight feet (8′). All post holes should be a minimum of thirty inches (30″) deep for four feet (4′) high fences and thirty-six inches (36″) deep for fences higher than four feet (4′) up to six feet (6′). All Terminal, Corner and Gate posts should be set thirty-six inches (36″) deep.
   (b)    Post holes should be at least four inches (4″) larger in diameter than the largest dimension of the post. All Terminal, Corner and Gate posts should be set in concrete.
   (c)    Fences up to five feet (5′) shall have a minimum of two rails (stringers) top and bottom. Fences over five feet (5′) shall have a third rail at center height. Stringers shall be 2 x 4 minimum (nominal).
   (d)    Materials. All materials used in wood fencing should be either:
      (1)   Naturally rot resistant wood (such as cedar),
      (2)   A wood pressure treated for rot-resistance, or,
      (3)   Be coated thoroughly with a paint or protective coating immediately on erection.
   (e)    Fasteners. Fasteners shall be made of a non-rusting, non-corrosive material, or coated to resist rusting. Nails shall be long enough to penetrate the receiving member twice the thickness of the thinner member, but not less than one and one- half inches (1 l/2′).
   (f)    Cover boards shall be 1/2″ minimum thickness.
   (g)    Solid wood fences should allow for expansion to avoid buckling as follows:
For widths 2 to 4 inches, a one-sixteenth inch (1/16″) space should be provided; for widths 6 to 8 inches, a minimum space of one-eighth inch (1/8″) should be provided.
   (h)    The tops of the cover boards may be cut to many different designs such as dog ear (corners cut off at 45° angles), gothic (two arc shaped cuts that meet in the center to form a graceful point), standard point (boards cut to a point with 45° angles), or domed or rounded top (where the top is cut to a half circle). There are many shapes and styles that may be custom cut at specific request. Post tops may also be cut to several decorative shapes such as pyramid, gothic,  domed and chamfered. Also, shaped terminals may be screwed onto the tops of posts.
      (Ord. 01-08.  Passed 7-11-01.)
1371.05  MAXIMUM HEIGHT.
   No fence of any variety constructed, remodeled or repaired under this Chapter shall  exceed six feet in height.  (Ord. 01-08.  Passed 7-11-01.)
1371.06  SPECIFICATIONS FOR CHAIN LINK FENCES.
   The following specifications, derived from ASTM F 567 and F 761, and Standard Practice in the Fence Industry, shall apply to the materials and construction of chain link fences:
   (a)    Structural Members:
      (1)    Posts. Post spacing shall not exceed ten feet (10′). Posts shall be set in concrete. Diameter of holes shall be four times the largest cross section of the post.
      (2)   Depth. Depth shall be a minimum of twenty-four inches (24″) for a four- foot high fence, plus an additional three inches (3″) for each  additional one foot increase in height over four feet.
      (3)    Top Rail. A top rail shall be used for all chain link fences. Top rail shall be continuous between terminals and shall be swedged or sleeved. Top rail shall be supported at all posts. At corners and terminals, rail shall be connected by means of a rail end fitting.
      (4)    Dimensions of Structural Members.
 
Member
Minimum Diameter
5′ or less in height
6′ height
Top Rail
1-3/8 in.
1-3/8 in.
Line Post
1-5/8 in.
2 in.
Terminal and Gate Post
2 1/2 in.
2 1/2 in.
      (5)    Fabric. The salvage edge of wire fabric shall be either knuckled or twisted. The fabric shall be installed with only a knuckled edge at the  top. Rolls of wire fabric shall be joined by weaving a single picket  into the ends of rolls to form a continuous mesh. Fasten fabric to line  posts at intervals not exceeding fifteen inches (15″). Fasten fabric to  top rail at intervals not exceeding twenty-four inches (24″). Tension  bars shall be used at all terminal, corner and gate posts. Fabric shall  be tightened to provide a smooth, uniform appearance free from sag.
         (Ord. 01-08.  Passed 7-11-01.)
1371.07  PERMIT AND INSPECTION.
   (a)   Any fences which may be permitted shall require the issuance of a permit by the Building Inspector after the same has been approved by him. The permit fee for installing the fence shall be twenty dollars ($20.00).
   (b)   Each property owner shall determine property lines and ascertain that the fence constructed does not deviate from the plans as approved by the Building Inspector issuing permits and does not encroach upon another lot or parcel of land. The Village shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with the plans submitted for permit, provided, however, that the issuance of such  permit by the Village shall not be construed to mean the Village has determined the fence is not encroaching upon another lot nor shall it relieve the property owner of the duty imposed
on him herein.
   (c)   Prior to issuing a permit, the Building Inspector shall provide notice to all adjacent property owners of the filing of the permit to install a fence.
(Ord. 01-08.  Passed 7-11-01.)
1371.08  SETBACK.
   (a)   No fence other than a post and rail or picket fence as described in this Chapter shall be placed parallel to the front of any residence.
   (b)   All other types of fences may be placed in side yards or back yards, however, any fence placed in a side yard may not extend past the front point of the structure of the residence, exclusive of any porch, patio or deck.
(Ord. 01-08.  Passed 7-11-01.)
1371.09  MAINTENANCE.
   Such permitted structures shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such structures and property lines shall be well maintained at all times. Any such structures 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.  (Ord. 01-08.  Passed 7-11-01.)
1371.10  CORNER AND THROUGH-LOT FENCES.
   Where a rear or side yard abuts any street, alley or sidewalk, fences otherwise permitted in side or rear yards shall not extend into required yards. However, this provision shall not prohibit permitted rail or split rail fences erected in such side or rear yards parallel to and not nearer than one foot to the side or rear property line at a height not to exceed three feet above the natural grade.  (Ord. 01-08.  Passed 7-11-01.)
1371.11  COMPLIANCE REQUIRED; CONFLICTING PROVISIONS.
   (a)   Fences shall be designed, erected, altered, reconstructed, moved, anchored, positioned, and maintained, in whole or in part, strictly in accordance with the provisions of this Chapter.
   (b)   To the extent that the provisions of this Chapter are included in or similar to restrictive covenants contained in any deeds of record or recorded plats or approved subdivisions, or the contents of an approved zoning plan, then the contents of such restrictive covenants, approval of plats or subdivisions or plans shall control to the extent they are not in conflict with this Chapter. (Ord. 01-08.  Passed 7-11-01.)
1371.99  PENALTY.
   Whoever violates any provision of this Chapter is guilty of a minor misdemeanor. Any such violation shall constitute a separate offense on each successive day continued.
(Ord. 01-08.  Passed 7-11-01.)
CODIFIED ORDINANCES OF BYESVILLE
Apr 29, 2017 - Sat
Byesville, United States
60°F
light rain
light rain
9 mph, SSE
88%
1.02 bar
sat04/29 sun04/30 mon05/01 tue05/02 wed05/03
moderate rain
66/60°F
sky is clear
82/71°F
moderate rain
74/53°F
moderate rain
52/47°F
moderate rain
65/53°F