§§ 152.001 through 152.024
As used in §§ 152.001 through 152.024 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.
(Former § 175.10) (Ord. No. 2023-01, 04-10-2023)
(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, 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 § 150.60 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 153 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.
(Former § 175.11) (Ord. No. 2023-01, 04-10-2023; Amended Ord. No. 2024-20, eff. 05-08-2024)
(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, 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.
(Former § 175.12) (Ord. No. 2023-01, 04-10-2023)
(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, 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 153 of the Municipal Code. In addition to meeting the standards for the issuance of a floodplain development permit set forth in Chapter 153 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.
(Former § 175.13) (Ord. No. 2023-01, 04-10-2023)
Reserved.
(A) The grantance of any permit issued pursuant to §§ 152.001 through 152.009, 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.
(Former § 175.20) (Ord. No. 2023-01, 04-10-2023)
(A) Fees assessed pursuant to §§ 152.002 and 152.004 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 § 152.003 shall be collected by the Village Clerk-Fiscal Officer and receipted into the street construction, maintenance and repair fund of the Municipality.
(Former § 175.21) (Ord. No. 2023-01, 04-10-2023)
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.
(Former § 175.22) (Ord. No. 2023-01, 04-10-2023)
(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.
(Former § 175.23) (Ord. No. 2023-01, 04-10-2023)