Rutland Codified Ordinances and Rules - CHAPTER 175: PROPERTY AND LAND USAGE

There is hereby established the Village of Rutland Building Department, which shall have full authority to enforce all laws, statutes and regulations as provided and authorized by the Ohio Revised Code and the Ohio Administrative Code pursuant to the Certification approved by the Certification rule adopted by the Ohio Board of Building Standards.

(Ord. No. 2020-017, § 2, 01-04-2021)

§175.02 ENFORCEMENT.

(A) The Village hereby grants to Washington County, Ohio, herein this section, “County”, full authority to do all things necessary to exercise all enforcement authority, accept and approve plans and specifications and make inspections necessary within the incorporated areas of the Village in accordance with the provisions of the Ohio Building Code pursuant to Rule 4101:2-1-03 of the Administrative Code, except “Plumbing”, and Chapters 4101:2-56 to 4101:2-69 of the Administrative Code.

(B) The County—

(1) Accepts the authority and responsibility to carry out the terms of this agreement;

(2) Shall have full authority to do all things necessary to administer and enforce the Ohio Building Code within the incorporated areas of the Village and in consideration therefore the Southeast Ohio Building Department, also referred to as the Washington County Building Department, shall retain all permit and inspection fees authorized by the State of Ohio for such purposes

(C) This section shall be deemed to authorize the County to administer and enforce for the Village of Rutland any amendments or additions to the Ohio Building Code hereafter adopted by the Ohio Board of Building Standards pursuant to the authority granted by said board by Chapter 3781 of the Revised Code of Ohio at all times after said Board shall have adopted such amendments or additions.

(Ord. No. 2020-017, § 2, 01-04-2021)

§175.02—175.09 RESERVED.

Reserved.

(Ord. No. 2020-017, § 3, 01-04-2021)

DEVELOPMENT, CONCRETE WORK AND FENCING PERMITS (§§175.10—176.30)

§ 175.10 DEFINITIONS.

As used in §§175.10 through 175.30 of the Municipal Code:

(A) “Commercial structure” means a structure utilized or owned by a business, trade, for-profit corporation, non-profit corporation or religious institution.

(B) “Dwelling” means a structure in which a person, people or animals temporarily or permanently reside.

(C) “Mitigated tract of land” means a tract or parcel of land acquired by the Municipality during the Village of Rutland Mitigation Project declared January 27, 1996 and completed June 26, 2000.

(D) “Special flood hazard area” means an area within the Municipality identified as a special flood hazard area in accordance with the Flood Insurance Rate Map, issued by the United States Federal Emergency Management Agency, adopted May 19, 2014 and revised subsequently thereafter.

(Ord. No. 2023-01, 04-10-2023)

§ 175.11. DEVELOPMENT OF RESIDENTIAL AND COMMERCIAL STRUCTURES.

(A) Development permit - when required; fees.

Except as otherwise provided in division (D) of this section, prior to the construction or enlargement of a new or existing dwelling or commercial structure within the corporation limits of the Municipality, the owner of the same shall obtain from the Mayor or his designee a development permit by filing an application for the same, prescribed by the Mayor in accordance with § 175.12 of the Municipal Code, the fee of which shall be assessed in the sum as follows:

(1) Fifty dollars for the construction or enlargement of a new or existing dwelling or commercial structure when the cumulative cost of such construction or enlargement is less than five thousand dollars;

(2) Seventy five dollars for the construction or enlargement of a new or existing dwelling or commercial structure when the cumulative cost of such construction or enlargement is five thousand dollars or greater.

(B) Development permit - standards for issuance.

Prior to the issuance of a development permit, the Mayor or his designee shall ensure the following standards are met:

(1) The construction or enlargement of a dwelling or commercial structure will not commence or proceed upon a special flood hazard area unless the owner has obtained a floodplain development permit in lieu of a development permit in accordance with division (D) of this section.

(2) The construction or enlargement of a dwelling or commercial structure will not commence or proceed upon a mitigated tract of land.

(3) In the event of the construction or enlargement of a commercial structure:

(a) Exterior lighting will be omitted upon the exterior wall of a newly constructed or enlarged portion of such commercial structure which may face a neighboring dwelling located upon an adjacent tract of land, except this division shall not be applicable to lighting installed upon the exterior wall of a newly constructed or enlarged portion of such commercial structure which may face a public street or roadway.

(b) Any area designated for the parking of motor vehicles between the commercial structure proposed for construction and a neighboring dwelling shall be separated from the tract of land upon which the neighboring dwelling is located with fencing of plastic or wooden material with a minimum height of ten feet.

(c) Newly constructed commercial structures, or newly enlarged portions thereof, shall have sufficient storm water collection drains connected directly to the municipal storm water collection system.

(C) Notwithstanding division (A) and (B) of this section, the issuance of a development permit pursuant to this section shall not preclude the requirement of obtaining, from the Village Building Department established under § 175.01 of the Municipal Code, the proper permit for the construction of a commercial structure, in whole or in part; the structural addition thereto; or the structural, electrical, mechanical, plumbing, fuel gas, fire alarm and suppression, or accessibility alterations or modifications therein.

(D) If the construction or enlargement of a new or existing dwelling or commercial structure involves a special flood hazard area, the owner of the same need not obtain a development permit in accordance with this section, but shall obtain a floodplain development permit in accordance with Chapter 173 of the Municipal Code. In addition to meeting the standards for the issuance of a floodplain development permit set forth in Chapter 173 of the Municipal Code, the standards for the issuance set forth in division (B)(1) through (B)(3) of this section shall be met.

(E) Whoever violates this section shall be guilty of development without a permit, a misdemeanor of the fourth degree. In the event of a violation of this section, the Village Code Enforcement Officer shall issue a stop work order, which shall remain in effect until a proper permit is issued in accordance with this section, Except that: Such issuance shall not relieve the person found in violation from the criminal penalty set forth in this division.

(Ord. No. 2023-01, 04-10-2023; Amended Ord. No. 2024-20, eff. 05-08-2024)

§ 175.12 CONCRETE WORK.

(A) Concrete work permit - when required; fees.

Prior to the commencement of concrete or masonry work within the corporation limits of the Municipality, when such work involves the construction of a curb of a public street or roadway, driveway approach or apron, or sidewalk within the public right-of-way, the owner of the property upon which such work is to be completed shall obtain from the Village Street Commissioner a concrete work permit by filing an application for the same, prepared and issued by the Mayor in accordance with § 175.12 of the Municipal Code, the fee of which shall be assessed in the sum as follows:

(1) Fifty dollars for concrete or masonry work when the cumulative cost of materials and labor is less than five thousand dollars;

(2) Seventy five dollars for concrete or masonry work when the cumulative cost of materials and labor is five thousand dollars or greater.

(B) Concrete work permit - standards for issuance.

Prior to the issuance of a concrete work permit, the Village Street Commissioner shall ensure the following standards are met:

(1) The construction of a concrete or asphalt driveway apron will not involve the removal, impedance or interference of a curb catch basin.

(2) The proposed concrete or asphalt driveway apron will have a minimum width of ten feet upon completion of construction.

(3) The proposed concrete or asphalt driveway apron will have a minimum one and one half inch lip abutting the edge of the public street or roadway.

(4) The proposed concrete or asphalt driveway apron will have a sloped curb cut.

(5) A blueprint, drawing or plan of the proposed concrete or asphalt driveway apron will be completed and certified by a registered professional engineer, evidenced by the seal of the same affixed, embossed or stamped upon the blueprint, drawing or plan.

(6) The construction of the concrete or asphalt driveway apron shall be in conformity with the blueprint, drawing or plan certified by the registered professional engineer whose seal is affixed, embossed or stamped thereon.

(7) Any sidewalk constructed along the right-of-way in the municipality, or upon any property accessible to the public, shall have a minimum width of three feet.

(C) Whoever violates this section shall be guilty of concrete work without a permit, a misdemeanor of the fourth degree. In the event of a violation of this section, the Village Code Enforcement Officer shall issue a stop work order, which shall remain in effect until a proper permit is issued in accordance with this section, Except that: Such issuance shall not relieve the person found in violation from the criminal penalty set forth in this division.

(Ord. No. 2023-01, 04-10-2023)

§ 175.13 FENCING.

(A) Fencing permit - when required; fees.

Except as otherwise provided in division (C) of this section, prior to the construction of fencing, regardless of the material used, within the corporation limits of the Municipality, the owner of the property upon which such fencing is to be erected shall obtain from the Mayor or his designee a fencing permit by filing an application for the same, prepared and issued by the Mayor in accordance with § 175.12 of the Municipal Code, the fee of which shall be assessed in the sum as follows:

(1) Fifty dollars for fencing work when the cumulative cost of materials and labor is less than five thousand dollars;

(2) Seventy five dollars for fencing work when the cumulative cost of materials and labor is five thousand dollars ($5,000.00) or greater.

(B) Fencing permit - standards for issuance.

Prior to the issuance of a fencing permit, the Mayor or his designee shall ensure the following standards are met:

(1) The proposed fence will not be constructed upon a special flood hazard area.

(2) The proposed fence will not be constructed upon a mitigated tract of land.

(3) The proposed fence will be constructed with rigid plastic or wood.

(4) The proposed fence will be constructed at least ten feet from the edge of a public street or roadway.

(C) If the installation of fencing involves a special flood hazard area, the owner of the same need not obtain a fencing permit in accordance with this section, but shall obtain a floodplain development permit in accordance with Chapter 173 of the Municipal Code. In addition to meeting the standards for the issuance of a floodplain development permit set forth in Chapter 173 of the Municipal Code, the standards for the issuance set forth in division (B)(1) through (B)(4) of this section shall be met.

(D) Whoever violates this section shall be guilty of installing a fence without a permit, a misdemeanor of the fourth degree. In the event of a violation of this section, the Village Code Enforcement Officer shall issue a stop work order, which shall remain in effect until a proper permit is issued in accordance with this section, Except that: Such issuance shall not relieve the person found in violation from the criminal penalty set forth in this division.

(Ord. No. 2023-01, 04-10-2023)

§§ 175.14—175.19 RESERVED.

Reserved.

§ 175.20 CONDITIONS OF PERMIT ISSUED.

(A) The grantance of any permit issued pursuant to §§ 175.11 through 175.19, inclusive, of the Municipal Code shall convey the information, drawings, terms and conditions set forth upon or attached to the application for the permit are accurate and with which the permittee will ensure conformity.

(B) In the event such conformity is breached, the Village Code Enforcement Officer or Village Street Commissioner, whichever is applicable, shall issue a stop work order and revoke the permit. The stop work order may be released and the permit may be reinstated upon such conformity. Nothing in this division shall preclude the Village Code Enforcement Officer or Village Street Commission, whichever is applicable, from authorizing the permittee to take necessary action to remedy a breach of such conformity.

(Ord. No. 2023-01, 04-10-2023)

§ 175.21 DISBURSEMENT OF PERMIT FEES.

(A) Fees assessed pursuant to §§ 175.11 and 175.13 of the Municipal Code shall be collected by the Village Clerk-Fiscal Officer and receipted into the general fund of the Municipality.

(B) Fees assessed pursuant to § 175.12 shall be collected by the Village Clerk-Fiscal Officer and receipted into the street construction, maintenance and repair fund of the Municipality.

(Ord. No. 2023-01, 04-10-2023)

§ 175.22 PERIOD DURING WHICH PERMIT IS VALID.

A [development] permit shall be valid for not more than one hundred eighty days from the date of issuance; and the validity of such permit shall be null and void upon the expiration of the period herein, or the revocation of such permit.

(Ord. No. 2023-01, 04-10-2023)

§ 175.23 MAYORAL POWER TO ACT; AUTHENTICATION.

(A) When any section of the Municipal Code requires a municipal officer to issue a permit, and such municipal officer is absent for any cause, or is unable to perform the duty for any cause, or fails to perform the duty for any cause, the Mayor is hereby authorized and directed to act in the issuance of such permit in accordance with the Municipal Code.

(B) Any permit required by the Municipal Code shall, prior to becoming effective, bear the signature of the Mayor and the official seal of the municipal corporation; and the same shall serve as evidence of a true and authenticated permit. This division shall not apply to temporary instruction permit as provided for by R.C. §4507.05.

(Ord. No. 2023-01, 04-10-2023)

MANUFACTURED AND MOBILE HOMES (§§175.30—176.33)

§175.30 MANUFACTURED AND MOBILE HOMES - DEFINITIONS.

As used in the Municipal Code, “manufactured home” and “mobile home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, is built on a permanent chassis, and is transportable in one or more sections, regardless if the wheels or tongue are removed upon installation. For the purpose of §§ 175.30 through 175.39 of the Municipal Code, “mobile home” does not include a recreational vehicle as defined in R.C. §4501.01(Q).

(Ord. No. 2024-08, eff. 05-08-2024)

§175.31 INSTALLATION AND RELOCATION.

(A) Prior to the installation and relocation of a manufactured home or mobile home within the corporation limits of the Municipality, the owner of the manufactured home or mobile home, or the installation company employed by the owner for such purpose, shall obtain from the Mayor a manufactured-mobile home installation or relocation permit, the fee thereof shall be in the sum of one hundred dollars, assessed at the time of issuance and credited to the general fund of the Municipality. The permit required by this division shall only be issued if the manufactured home or mobile home complies with the regulations set forth in §175.32 of the Municipal Code and shall be valid for not more than six months from the date of issuance.

(B) No person shall install or relocate a manufactured home or mobile home within the corporation limits of the Municipality without having obtained a valid manufactured-mobile home installation or relocation permit from the Mayor pursuant to division (A) of this section.

(C) Whoever violates division (B) of this section shall be guilty of unlawful installation or relocation of a manufactured or mobile home, a misdemeanor of the fourth degree.

(Ord. No. 2024-08, eff. 05-08-2024)

§175.32 REGULATIONS.

(A) Except as otherwise provided in division (B) of this section, manufactured homes and mobile homes installed or relocated within the corporation limits of the Municipality shall comply with the following regulatory provisions:

(1) The manufactured home or mobile home shall be aged not more than fifteen years and have legal proof of title.

(2) The minimum width of the manufactured home or mobile home shall be fourteen feet and shall have not less than eight hundred square feet of habitation space.

(3) The manufactured home or mobile home shall have conventional siding and the tongue shall be removed upon installation.

(4) The manufactured home or mobile home shall be underpinned with rigid masonry, metal, wood or vinyl not more than ninety days from the date of installation.

(5) The manufactured home shall be connected to the municipal sanitary sewer collection and disposal system.

(6) The parcel upon which the manufactured home or mobile home is to be installed or relocated is a minimum of five thousand square feet in size.

(7) The manufactured home or mobile home shall not be installed less than five feet from the property boundary and shall have a minimum road frontage of ten feet.

(8) The manufactured home or mobile home shall be installed in accordance with Chapter 4781-6 of the Ohio Administrative Code.

(9) The manufactured home or mobile home shall be in compliance with Chapter 173 of the Municipal Code.

(B) Any manufactured home or mobile home installed within the corporation limits of the Municipality on or before February 12, 2024 shall be exempt from the foregoing regulations. This exemption shall not apply to the manufactured home or mobile home if relocated within the corporation limits of the Municipality on or after February 12, 2024.

(C) It shall be prohibited the relocation of a manufactured home or mobile home from one parcel to another parcel within the corporation limits of the Municipality if such manufactured home or mobile home is not in compliance with the regulatory provisions set forth in division (A)(1) through (A)(8) of this section.

(Ord. No. 2024-08, eff. 05-08-2024)

§175.33 UNDERPINNING.

(A) Subject to §175.32, all manufactured homes and mobile homes within the corporation limits of the Village of Rutland shall be underpinned.

(B) The underpinning of manufactured or mobile homes within the corporation limits of the Village of Rutland shall be free of damages; and if damages occur, they shall be timely repaired by the owner of the manufactured home or mobile home, but not more than sixty days upon written order by the Code Enforcement Officer or Mayor to repair the same, unless the time period allotted herein is extended by the Code Enforcement Officer or Mayor.

(C) Whoever violates division (B) of this section by failure to comply with the written order provided therein shall be guilty of permitting damaged underpinning, a minor misdemeanor.

(Ord. No. 2024-08, eff. 05-08-2024)

STREET ADDRESSING (§§175.41—175.43)

§ 175.41 NUMBERING OF STRUCTURES AND DWELLINGS GENERALLY (EFFECTIVE AUGUST 7, 2024).

(A) Effective August 7, 2024 and thereafter, all principal structures and dwellings along the streets and other public thoroughfares of the Municipality shall be numbered in accordance with this section. As used in this section, PRINCIPAL STRUCTURES AND DWELLINGS, means a structure that is inhabited or occupied as a dwelling or a business.

(B) The alleys, avenues and streets of the Municipality shall be divided in numerical blocks and arranged as provided for in division (B)(1) through (B)(15) of this section.

(1) Along Main Street—

(a) From Salem Street to Larkin Street, shall be designated the 0 to 99 block.

(b) From Larkin Street to the northern boundary of engineering parcel number 16-010-0142, shall be designated the 100 to 199 block.

(c) From the northern boundary of engineering parcel number 16-010-0142 to Mulberry Street, shall be designated the 200 to 299 block.

(d) From Mulberry Street to Locust Street, shall be designated the 300 to 399 block.

(e) From Locust Street to the southern boundary of engineering parcel number 16-010-0086, shall be designated the 400 to 499 block.

(f) From the southern boundary of engineering parcel number 16-010-0086 to Brick Street, shall be designated the 500 to 599 block.

(g) From the west intersection of Brick Street to the east intersection of Brick Street, and including the same and Martin Avenue, shall be designated the 600 to 699 block.

(h) From the east intersection of Brick Street to Lynn Street, and Lynn Avenue, from the terminus to Lynn Street, shall be designated the 700 to 799 block.

(i) From Lynn Street to the east corporation limit, shall be designated the 800 to 899 block.

(2) Along Salem Street—

(a) From Main Street to Larkin Street, shall be designated the 0 to 99 block.

(b) From Larkin Street to Davis Avenue, shall be designated the 100 to 199 block.

(d) From Beech Grove Road to the western boundary of engineering parcel number 16-012-0054, shall be designated the 300 to 399 block.

(e) From engineering parcel number 16-012-0054 to the west corporation limit, shall be designated the 400 to 499 block.

(3) Along College Avenue—

(a) From Mulberry Street to Locust Street, shall be designated the 300 to 399 block.

(b) From Locust Street to Long Street, shall be designated the 400 to 499 block.

(4) Along Davis Avenue—

(a) From the southern boundary of engineering parcel number 16-012-0029 to the southern boundary of engineering parcel number 16-012-0027, shall be designated the 200 to 299 block.

(b) From the southern boundary of engineering parcel 16-012-0027 to the terminus, shall be designated the 300 to 399 block.

(5) Along Depot Street, from Main Street to the south corporation limit, shall be designated the 0 to 99 block.

(6) Along Elm Street from Bryant Street to the terminus, shall be designated the 100 to 199 block.

(7) Along Hill Street, from College Avenue to Union Avenue, shall be designated the 100 to 199 block.

(8) Along Larkin Avenue, from Salem Street to Larkin Street, shall be designated the 0 to 99 block.

(9) Along Larkin Street, from Main Street to Larkin Avenue, shall be designated the 0 to 99 block.

(10) Along Long Street, from College Avenue to the terminus, shall be designated the 100 to 199 block.

(11) Along Lynn Street, from Main Street to Lynn Avenue, shall be designated the 0 to 99 block.

(12) Along Nelson Road, from North Main Street to Bryant Street, shall be designated the 0 to 99 block.

(13) Along Nelson Road, from Nelson Road to the terminus, shall be designated the 100 to 199 block.

(14) Along North Main Street—

(a) From Salem Street to Nelson Road, shall be designated the 0 to 99 block.

(b) From Nelson Road to the north corporation limit, shall be designated the 100 to 199 block.

(15) Along Union Avenue, from Hill Street to Long Street, shall be designated the 300 to 399 block.

(C) The address numbering of alleys, avenues and streets assigned prior to August 7, 2024 shall continue unrevised, however, in the assignment of new address numbering, the Street Commissioner shall apply the following standards:

(1) Along all alleys, avenues and streets eastbound, address numbering shall be of odd numbers and westbound shall be of even numbers.

(2) Along all alleys, avenues and streets northbound, address numbering shall be of even numbers and southbound shall be of odd numbers.

(3) A principal dwelling or structure erected upon a tract of land in the Municipality shall be numbered utilizing discretion as to the size of the parcel upon which the principal dwelling or structure was erected, the size of the parcels contiguous thereto, and the number of additional principal dwellings or structures which may added between the principal dwellings or structures already existing and the principal dwelling or structure newly constructed so as to permit the address numbering of future principal dwellings or structures in accordance with this section.

(D) The Street Commissioner shall be registrar of the address numbering of all alleys, avenues and streets, and shall maintain a register of all address numbers assigned in the Municipality. Such register shall include the engineering parcel number, address number, street and the legal name of the owner of the principal dwelling or structure erected thereon. The Street Commissioner shall promptly report the assignment of all new address numbering to the Meigs County Tax Map Office, the Meigs County Emergency Management Agency and the Meigs County 9-1-1 Central Emergency Dispatch Center.

(Ord. No. 2024-21, eff. 08-07-2024)

§ 175.42 APPLICATION FOR NUMBERING (EFFECTIVE AUGUST 7, 2024).

The owner of property upon which a structure or dwelling is erected may file an application with the Street Commissioner for the assignment of a number to such structure or dwelling in accordance with §175.31 of the Municipal Code. Upon receiving such application, the Street Commissioner shall verify if the structure is a principal structure or dwelling as defined in §175.31 of the Municipal Code and if the same is true, the Street Commissioner shall assign thereto a number in accordance with § 175.31 of the Municipal Code.

(Ord. No. 2024-21, eff. 08-07-2024)

§ 175.43 PREMISES IDENTIFICATION (EFFECTIVE AUGUST 7, 2024).

(A) The owner of a structure shall provide the same with a true and correct address number issued by the municipality in accordance with this section. Such address number shall be placed in a position to be plainly legible and visible from the street fronting the property; and shall be of the characteristic of a minimum of four inches high with a minimum stroke width of one half inch.

(B) Address numbers assigned to structures prior to the effective date of this section shall remain in effect.

(C) The Mayor shall prescribe and issue an address number to each new structure constructed on or after the effective date of this section in accordance with the address numbering system of the municipality.

(D) Whoever violates this section shall be guilty of a minor misdemeanor.

(Ord. No. 2018-11-06, § 4(A), 11-05-2018; Amend. and Codified by Ord. No. 2023-13, 09-11-2023; Renumbered Ord. No. 2024-21, 07-08-2024)