CODIFIED ORDINANCES OF WAKEMAN

PART THIRTEEN - BUILDING CODE

                        Chap. 1301. Ohio Building Code.

                        Chap. 1305. OBOA One, Two and Three Family Dwelling Code.

                        Chap. 1309. Flood Control.

                        Chap. 1313. Nuisances.

                        Chap. 1317. Numbering Structures.

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CODIFIED ORDINANCES OF WAKEMAN

PART THIRTEEN - BUILDING CODE

CHAPTER 1301

Ohio Building Code

1301.01Adoption.

1301.02Purpose.

1301.03Scope.

1301.04Compliance.

1301.05Existing structures.

1301.06Violations.

1301.07Stop work order.

1301.08Conflict.

1301.09Enforcement.

1301.99Penalty.

CROSS REFERENCES

See sectional histories for similar State law

Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261

Power to enact further and additional regulations - see Ohio R.C. 3781.01

Authorization by Board of Building Standards - see Ohio R.C. 3781.12

Enforcement - see Ohio R.C. 3781.03, 3781.031, 3781.10(E), 3781.102, 3781.19

Final jurisdiction - see Ohio R.C. 3781.04

Application - see Ohio R.C. 3781.06, 3781.10(E), 3781.11(A)

Submission of plans - see Ohio R.C. 3791.04

Dead bolt locks in apartment buildings - see Ohio R.C. 3781.103

Smoke detection system for apartments and condominiums - see

Ohio R.C. 3781.104

Automatic sprinkler systems - see Ohio R.C. 3781.105, 3791.041 et seq.

Fire suppression systems - see Ohio R.C. 3781.108

Use of public buildings by handicapped persons - see Ohio R.C. 3781.111

Energy conservation - see Ohio R.C. 3781.181, 3781.182, 3781.21

Abandoned service stations - see Ohio R.C. 3791.11 et seq.

Safety standards for refuse containers - see Ohio R.C. 3791.21

1301.01 BUILDING CODE 4

1301.01 ADOPTION.

There is hereby adopted by the Municipality, the Ohio Building Code (OBC) and related codes as adopted by the Ohio Board of Building Standards, Department of Industrial Relations, effective January 1, 2002, and as identified and published in Division 4101:1 et seq. of the Ohio Administrative Code (OAC).

1301.02 PURPOSE.

The purpose of the Ohio Building Code is to establish uniform minimum requirements for the erection, construction, repair, alteration, and maintenance of buildings, including construction of industrialized units. Such requirements shall relate to the conservation of energy, safety, and sanitation of buildings for their intended use and occupancy with consideration for the following:

(a)Performance. Establish such requirements, in terms of performance objectives for the use intended.

(b)Extent of Use. Permit to the fullest extent feasible, the use of materials and technical methods, devices, and improvements which tend to reduce the cost of construction without affecting minimum requirements for the health, safety, and security of the occupants of buildings without preferential treatment of types or classes of materials or products or methods of construction.

(c)Standardization. To encourage, so far as may be practicable, the standardization of construction practices, methods, equipment, material and techniques, including methods employed to produce industrialized units.

The rules of the Board of Building Standards and proceedings shall be liberally construed in order to promote its purpose. When the Building Official finds that the proposed design is a reasonable interpretation of the provisions of this Code, it shall be approved. Materials, equipment and devices approved by the Building Official pursuant to Section 118 of the Ohio Building Code shall be constructed and installed in accordance with such approval.

(OBC 101.3)

1301.03 SCOPE.

The provisions of the Ohio Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. No building or its equipment or accessories, to which the rules of the Board of Building Standards apply shall be erected, constructed, or installed, except in conformity with the rules of the Board. Exceptions:

(a)Detached one-, and two-, and three-family dwellings and structures incidental to those dwellings which are not constructed as industrialized units shall comply with local residential codes, of any, adopted by the authority having jurisdiction. This exception does not include the energy provisions required in Chapter 13, Energy Efficiency of the OBC (see Sections 3781.06, 3781.181 and 3781.182 of the Ohio Revised Code);

(b)Buildings owned by and used for a function of the United States Government;

5 Ohio Building Code 1301.04

(c)Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade; for the purposes of this section, a building or structure is not considered used in the business of retail trade if fifty percent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller. (See Sections 3781.06 and 3781.061 of the Ohio Revised Code);

(d)Agricultural labor camps;

(e)Type A or Type B family day-care homes;

(f)Buildings or structures which are designed, constructed and maintained in accordance with federal standards and regulations and are used primarily for federal and state military purposes where the U.S. Secretary of Defense, pursuant to 10 U.S.C. Sections 18233(a)(1) and 18237, has acquired by purchase, lease, or transfer, and constructs, expands, rehabilitates, or corrects and equips, such buildings or structures as he determines to be necessary to carry out the purposes of Chapter 1803 of the U.S.C.;

(g)Manufactured homes constructed under 24 CFR Part 3280", Manufactured Home Construction and Safety Standards.

(OBC 101.2)

1301.04 COMPLIANCE.

(a)No owner or any other person shall construct, erect, build or equip any building or structure to which the Ohio Building Code is applicable, or make any addition thereto or alteration thereof, except in case of repairs for maintenance without affecting the construction, sanitation, safety or other vital feature of such building or structure, without complying with this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto.

(ORC 3791.01, 3791.02)

(b)No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto.

(ORC 3791.01, 3791.03)

(c)No owner or any other person shall proceed with the construction, erection, alteration or equipment of any building or structure to which the Ohio Building Code is applicable without complying with this chapter and the plan and specification submission and processing requirements of the Municipality, and until plans or drawings, specifications and data have been approved, or the industrialized unit has been inspected at the point of origin.

(ORC 3791.04)

1301.05 BUILDING CODE 6

1301.05 EXISTING STRUCTURES.

The provisions of Chapter 34 of the Ohio Building Code shall control the alteration, repair, addition, and change of occupancy of any existing structure.

The occupancy of any structure currently existing on the date of adoption of this Code shall be permitted to continue without change provided the alleged occupancy can be shown to have existed for more than two years and there are no orders of the Building Official pending, no evidence of fraud, or no serious safety or sanitation hazard.

Buildings constructed in accordance with plans which have been approved prior to the effective date of this Code are existing buildings.

(OBC 102.6)

1301.06 VIOLATIONS.

(a)Adjudication Orders Required Before Legal Proceedings. Before the Municipality attempts to enforce Chapters 3781 and 3791 of the Ohio Revised Code or any rules adopted pursuant thereto, by any remedy, civil or criminal, it shall issue an adjudication order within the meaning of Sections 119.06 to 119.13 of the Ohio Revised Code or a stop work order as provided in Section 1301.07. Every adjudication order shall:

(1)Cite the law or rules directly involved and shall specify what appliances, site preparations, additions, or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with Chapters 3781 and 3791 of the Ohio Revised Code.

(2)Include notice to the party of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the notice. The notice shall also inform the party that at the hearing he may be represented by counsel, present his arguments or contentions orally or in writing and present evidence and examine witnesses appearing for or against him.

(b)Notice of Violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure. When the Building Official finds that work or equipment is contrary to approved construction documents and the rules of the Board of Building Standards, the Building Official shall send a notice in writing to the owner of said building or the owners agent which shall state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the Board. The notice shall specify a reasonable period of time in which to conform to said plans or the rules of the Board. Before any work may continue on the construction, erection, alteration, or equipment of any building for which the approval is invalid, the owner of the building shall resubmit the plans or drawings and specifications for approval as required under Section 105.3 of the Ohio Building Code.

(c)Prosecution of Violation. Upon the issuance of any order provided for in this section or Section 1301.07, the person receiving an order shall cease work upon the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or shall cease using the appliance, materials, assemblages or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of Section 3781.19 of the Ohio Revised Code and all appeals from such hearing have been completed, or the order has been released.

(OBC 113)

6A Ohio Building Code 1301.08

1301.07 STOP WORK ORDER.

(a)Authority. Whenever the Building Official finds any work regulated by this Code being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Building Official is authorized to issue a stop work order whenever the Building Official finds, after inspection, that the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or that the use of an appliance, materials, assemblage, or manufactured product does not comply with the provisions of Chapters 3781 and 3791 of the Ohio Revised Code or the rules adopted pursuant thereto. The effect of such an order shall be limited to the matter specified in the order.

(b)Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owners agent and the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

(c)Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition. Failure to cease work after receipt of a stop work order is hereby declared a public nuisance.

(OBC 114)

1301.08 CONFLICT.

(a)General. Where, in any specific case, different sections of the Ohio Building Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)Other Laws. The provisions of the Ohio Building Code shall not be deemed to nullify any provisions of state or federal law. The Municipality, under Section 3781.01 of the Ohio Revised Code, may make further and additional regulations, not in conflict with Chapters 3781 and 3791 of the Ohio Revised Code or with the rules of the Board of Building Standards. However, under Section 3781.12 of the Ohio Revised Code, approval by the Board of Building Standards of any fixture, device, material, system, assembly or product of a manufacturing process, or method or manner of construction or installation shall constitute approval for their use anywhere in Ohio. The rules of the Board of Building Standards shall supersede and govern any order, standard, or rule of the Division of the Fire Marshal or Industrial Compliance in the Department of Commerce, and Department of Health and of counties and townships, in all cases where such orders, standards or rules are in conflict with the rules of the Board of Building Standards, except that rules adopted and orders issued by the Fire Marshal pursuant to Chapter 3743, of the Ohio Revised Code prevail in the event of a conflict.

(OBC 102)

1301.09 BUILDING CODE 6B

1301.09 ENFORCEMENT.

(a)General. The Building Official shall enforce provisions of the rules of the Board of Building Standards and of Chapters 3781 and 3791 of the Ohio Revised Code, relating to construction, arrangement, and the erection of buildings or parts thereof as defined in the rules of the Board in accordance with the certification except as follows:

(1)Fire. The Fire Marshal or Fire Chief shall enforce all provisions of the rules of the Board relating to fire prevention.

(2)Health. The Department of Health, or the Boards of Health, the Division of Industrial Compliance of the Department of Commerce, or the municipal Department of Building Inspection shall enforce such provisions relating to sanitary construction.

(3)Engineering. The Department of the City Engineer, in cities having such departments, has complete supervision and regulation of the entire sewerage and drainage system of the City, including the house drain and the house sewer and all laterals draining into the street sewers. The department shall have control and supervision of the installation and construction of all drains and sewers that become a part of the sewerage system of the City and shall issue all the necessary permits and licenses for the construction and installation of all house drains and house sewers and of all other lateral drains that empty into the main sewers. Such Department shall keep a permanent record of the installation and location of every drain and sewerage system of the City.

(4)No officer exempted. This section does not exempt any officer or department from the obligation of enforcing any provision of the rules of the Board.

(5)Interpretations. The Building Official shall have the authority to render interpretations of the Ohio Building Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code.

(b)Applications and Approvals. The Building Official shall receive applications, require the review of submitted construction documents and issue plan approvals for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such approvals have been issued and enforce compliance with the provisions of this Code.

(c)Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this Code. When the Building Official finds that work or equipment is contrary to approved plans therefor and the rules of the Board, the Building Official shall send a notice in writing to the owner of said building or the owners agent. The notice shall state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the Board, and specify a reasonable period of time in which to conform to said plans or the rules of the Board.

6C Ohio Building Code 1301.99

(d)Inspections. If the plans for the erection, construction, repair, alteration, relocating, or equipment of a building are subject to inspection by the Building Official, under Section 109 of the Ohio Building Code, the Building Official shall cause to be made such inspections, investigations, and determinations as are necessary to determine whether or not the work which has been performed and the installations which have been made are in conformity with the approved plans and to safety and sanitation, except special inspections required under Section 1704 of the Ohio Building Code.

(e)Identification. The Building Department personnel shall show, when requested, proper identification when entering structures or premises in the performance of duties under this Code.

(f)Right of Entry. The Building Official, or Building Officials designee, is authorized to enter a structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that credentials are presented to the occupant and that entry is requested and obtained. Where permission to enter has not been obtained, is denied, or the Building Official has probable cause to believe that there exists in a structure or upon a premises a condition which is a serious hazard the Building Official shall have recourse to the remedies provided by law to secure entry.

(g)Department Records. The Building Official shall keep official records of applications received, certificate of plan approval issued, notices and orders issued, certificate of occupancy, and other such records required by the rules of the Board of Building Standards. Such information shall be retained in the official permanent record for each project. One set of approved construction documents shall be retained by the Building Official for a period of not less than one hundred eighty days from date of completion of the permitted work, or as required by document retention regulations.

(h)Liability. Liability of certified Building Department personnel for any tortuous act will be determined by Ohio courts to the applicable provisions of Chapter 2744 of the Ohio Revised Code.

(OBC 104)

1301.99 PENALTY.

Whoever violates any provision of this chapter or any Code adopted herein or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. Each day during which noncompliance or a violation continues shall constitute a separate offense. The Municipality may institute injunction proceedings in Common Pleas Court to abate the nuisance of failure to cease work after receipt of a stop work order as referred to in Section 1301.07.

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CHAPTER 1305

OBOA One, Two and Three Family Dwelling Code

1305.01Adopted.1305.02Copies on file.

CROSS REFERENCES

Adoption of technical codes - see Ohio R.C. 731.231

1305.01 ADOPTED.

From and after the effective date of this section, Council hereby adopts the most recent version of the OBOA One, Two and Three Family Dwelling Code relative to the fabrication, erection, construction, enlargement, alteration, repair, location and use of detached one, two and three family dwellings, their appurtenances and accessory structures within the corporate limits of the Village of Wakeman, Ohio, and providing for the issuance of permits and therefore providing penalties for violations thereof. (Ord. 1999-19. Passed 9-13-99.)

1305.02 COPIES ON FILE.

In accordance with Ohio R.C. 731.231, a complete copy of the OBOA One, Two and Three Family Dwelling Code, as adopted herein, is on file with the Clerk-Treasurer for public inspection, and also on file in the Huron County Law Library, Huron County Courthouse, Norwalk, Ohio. The Clerk-Treasurer has copies of the OBOA One, Two and Three Family Dwelling Code available to the public at the same cost as the Villages to obtain said code.

(Ord. 1999-19. Passed 9-13-99.)

9

CHAPTER 1309

Flood Damage Prevention

1309.01Statutory authorization,

findings of fact, purpose

and objectives.

1309.02Definitions.

1309.03General provisions.

1309.04Administration.

1309.05Provisions for flood hazard

reduction.

CROSS REFERENCES

Basis of zoning districts - see Ohio R.C. 713.10

Levees - see Ohio R.C. 717.01

Marking flood areas - see Ohio R.C. 1521.14

Conservancy districts, purpose - see Ohio R.C. 6101.04

1309.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE

  AND OBJECTIVES.

(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 Wakeman, State of Ohio does ordain as follows:

(b)Findings of Fact.

(1) The flood hazard areas of Village of Wakeman 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, all of which adversely affect the public health, safety, and general welfare.

(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(c)Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

1309.02 BUILDING CODE 10

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) Ensure that potential buyers are aware that property is in an area of special flood hazard; and,

(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(d)Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

(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 flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and,

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 86-19. Passed 2-9-87.)

1309.02 DEFINITIONS.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(a)"Accessory structure" means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

(b)"Appeal" means a request for a review of the Zoning Inspector's interpretation of any provision of this chapter or a request for a variance

(c)"Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

(d)Base flood means the flood having a one percent (1%) chance of being equalled or exceeded in any given year. The base flood may also be referred to as the 100 year flood.

(e)Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

(f)Federal Emergency Management Agency (FEMA) mean the agency with the overall responsibility for administering the National Flood Insurance Program.

11 Flood Damage Prevention 1309.02

(g)Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)The overflow of inland or tidal waters, and/or

(2)The unusual and rapid accumulation or runoff of surface waters from any source.

(h)"Flood Hazard Boundary Map (FHBM)" means the official map issued by the Federal Emergency Management Agency where the areas of special flood hazard have been designated as Zone A. As of September 1, 1986, the FHBM will officially be called a "Flood Insurance Rate Map (FIRM)"

(i)"Flood Insurance Rate Map (FIRM)" means the same as "Flood Hazard Boundary Map". See above.

(j)"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor.

(k)"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

It includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

(l)Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. This definition shall exclude any manufactured home park as defined in Ohio R.C. 3733.01, over which the Public Health Council has exclusive rule making power.

(m)"New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter.

(n)"Start of construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement 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.

(o)"Structure" means a walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

(p)"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

1309.03 BUILDING CODE 12

(q)"Variance" is a grant of relief to a person from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 86-19. Passed 2-9-87.)

1309.02 GENERAL PROVISIONS.

(a)Lands to Which This Chapter Applies. This chapter shall apply to areas of special flood hazard within the jurisdiction of the Village of Wakeman.

(b)Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard have been identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), #390288B, effective September 1, 1986, and any revision thereto are adopted by reference and declared to be part of this chapter.

(c)Compliance. Unless specifically exempted from filing for a development permit as stated in Section 1309.04(b) no structure or land shall hereafter be located, erected, constructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter.

(d)Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e)Interpretation. In the interpretation and application of this chapter, all provisions shall be:

(1)Considered as minimum requirements;

(2)Liberally construed in favor of the governing body; and,

(3)Deemed neither to limit nor repeal any other powers granted under State statutes. Where a provision of this chapter may be in conflict with a State law, such State law shall take precedence over the chapter.

(f)Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Village of Wakeman, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(g)Violations and Penalties. Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor of the fourth degree. Any person who violates this chapter or fails to comply with any of its requirements (including violations of conditions of and safeguards established in connection with conditions) shall upon conviction thereof be fined or imprisoned as provided by the laws of the Village of Wakeman. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of Wakeman from taking such other lawful action as is necessary to prevent or remedy any violations. (Ord. 86-19. Passed 2-9-87.)

13 Flood Damage Prevention 1309.04

1309.04 ADMINISTRATION.

(a)Establishment of Development Permit. A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 1309.03(b). Application for a Development Permit shall be made on forms furnished by the Zoning Inspector and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the locations of the foregoing; and, a description of the extent to which any watercourse will be altered or relocated as a result of proposed development. If base flood elevation data are available, the following information is also required:

(1)Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures;

(2)Elevation in relation to mean sea level to which any proposed structure will be floodproofed; and,

(3)Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 1309.05(b)(2).

(b)Exemption from Filing a Development Permit. An application for a Development Permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small development activities (except for filling and grading) valued at less than one thousand dollars ($1,000).

(c)Designation of the Flood Damage Prevention Administrator. The Zoning Inspector is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

(d)Duties and Responsibilities of the Zoning Inspector. The Zoning Inspector shall include but are not limited to:

(1)Permit review.

A.Review all development permits to determine that the permit requirements of this chapter have been satisfied.

B.Review all development permits to assure that all necessary permits have been received from those federal, state, or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required.

C.Review all development permits to determine if the proposed development is located within a designated floodway. Floodways may be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provision of Section 1309.05(c) is met.

(2)Use of other base flood elevation and floodway data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency are designated as Zone A on the communitys Flood Insurance Rate Map (or Flood Hazard Boundary Map). Within these areas, the Zoning Inspector shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source in order to administer Section 1309.05(a), (b) and (c).

1309.04 BUILDING CODE 14

(3)Information to be obtained and maintained. Where base flood elevation data are utilized within areas of special flood hazard on a communitys Flood Hazard Boundary Map or Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply:

A.Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not such structures contain a basement.

B.For all new or substantially improved floodproofed structures:

1.Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and,

2.Maintain the floodproofing certifications required in Section 1309.04(a)(3).

C.Maintain for public inspection all records pertaining to the provisions of this chapter.

(4)Alteration of watercourses.

A.Notify adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

B.Require the necessary maintenance will be provided for by the applicant for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.

(e)Interpretation of Flood Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection (e) hereof.

(f)Variance Procedure.

(1)Appeal Board.

A.The Board of Zoning Appeals as established by the Village of Wakeman shall hear and decide appeals and requests for variances from the requirements of this chapter.

B.The Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Zoning Inspector in the enforcement or administration of this chapter.

C.Those aggrieved by the decision of the Board of Zoning Appeals or any taxpayer, may appeal such decision to the Huron Court of Common Pleas, as provided in Ohio R.C. Ch. 2506.

D.In passing upon such application, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1.The danger that materials may be swept onto other lands to the injury of others;

2.The danger to life and property due to flooding or erosion damage;

3.The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

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4.The importance of the services provided by the proposed facility to the community;

5.The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

6.The compatibility of the proposed use with existing and anticipated development;

7.The necessity to the facility of a waterfront location, where applicable;

8.The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

9.The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

11.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.

E.Upon consideration of the factors of subsection (e)(1)D., hereof and the purposes of this chapter, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

F.The Zoning Inspector shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(2)Conditions for Variances.

A.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 subsection (e)(1)D., hereof have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

B.Variances may be issued for the construction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

C.Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D.Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

E.Variances shall only be issued upon:

1.A showing of good and sufficient cause;

2.A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

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3.A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection (e)(1)D., hereof, or conflict with existing local laws or ordinances.

F.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 that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 86-19. Passed 2-9-87.)

1309.05 PROVISIONS FOR FLOOD HAZARD REDUCTION.

(a)General Provisions. In all areas of special flood hazards the following standards are required:

(1)Anchoring.

A.All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.All manufactured homes not otherwise regulated by the Ohio Revised Code pertaining to manufactured home parks shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(2)Construction materials and methods.

A.All new construction and substantial improvements shall be constructed with materials resistant to flood damage.

B.All new construction and substantial improvement shall be constructed using methods and practices that minimize flood damage.

C.All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(3)Utilities.

A.All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;

B.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 floodwaters; and,

C.Individual waste water treatment system shall be located to avoid impairment to them or contamination from them during flooding.

(4)Subdivision Proposals.

A.All subdivision proposals, including manufactured home subdivisions, shall be consistent with the need to minimize flood damage;

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B.All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

C.All subdivision proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage; and

(5)Base flood elevation data shall be provided for subdivision proposals, including manufactured home subdivisions, and other proposed developments which contain at least 50 lots or 5 acres (whichever is less).

(b)Specific Standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 1309.04(d)(2), the following provisions are required: