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Contractor Requirements
SEQ CHAPTER \h \r 1
CODIFIED ORDINANCES OF LISBON
PART THIRTEEN - BUILDING CODE
Chap. 1310. Flood Damage Prevention.
Chap. 1312. Repair and Maintenance of Structures.
Chap. 1314. Licensing of Artisan-Contractors.
BUILDING CODE 23
CHAPTER 1310
Flood Damage Prevention
1310.01 Findings of fact.
1310.02 Purposes.
1310.03 Methods of reducing flood losses.
1310.04 Definitions.
1310.05 Application of chapter.
1310.06 Areas of special flood hazard.
1310.07 Compliance required.
1310.08 Conflicts with easement, covenant or deed restrictions and ordinances.
1310.09 Interpretation of chapter; conflicts with State law.
1310.10 Warning and disclaimer of liability.
1310.11 permit required; application; exceptions.
1310.12 Enforcement.
1310.13 Duties of Mayor.
1310.14 Appeals; variances.
1310.15 Standards for flood hazard reduction.
1310.16 Floodproofing standards.
1310.17 Floodways.
1310.99 Penalty; equitable remedies.
CROSS REFERENCES
Flood control as function of Ohio Commission on Interstate Cooperation - see Ohio
R.C. 105.36
Flood control by soil conservation district supervisors - see Ohio R.C. 1515.08
Flood insurance - see Ohio R.C. 3425.34(C), 3941.02(A)(1)
Water supply, sanitation, ditches - see Ohio R.C. 6101.01 et seq.
1310.01 FINDINGS OF FACT.
(a) The flood hazard areas of the Village 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.
(b) These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard 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.
(Ord. 1298. Passed 5-11-87.)
1310.02 PURPOSES.
The purposes of this chapter are 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:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities, such as water and gas
mains, electric, telephone and sewer lines and streets and bridges located in areas
of special flood hazard;
(f) 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;
(g) Ensure that potential buyers are aware that property is in an area of
special flood hazard; and
(h) Ensure that persons who occupy an area of special flood hazard
assume responsibility for their actions.
(Ord. 1298. Passed 5-11-87.)
1310.03 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this chapter includes methods and
provisions for:
(a) 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;
(b) Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
(c) Controlling the alteration of natural flood plains, stream channels and
natural protective barriers, which help accommodate or channel flood waters;
(d) Controlling filling, grading, dredging and other development which may
increase flood damage; and
(e) Preventing or regulating the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 1298. Passed 5-11-87.)
1310.04 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. As used in this chapter:
(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 Mayor'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 chance of being
equaled 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
and mining, dredging, filling, grading, paving, excavating or drilling operations
located in the area of special flood hazard.
(f) "Federal Emergency Management Agency" (FEMA) means the agency
with the overall responsibility for administering the National Flood Insurance
Program.
(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 run-off of surface waters
from any source.
(h) "Flood Hazard Boundary Map" (FHBM) means the same as "Flood
Insurance Rate Map."
(i) "Flood Insurance Rate Map" (FIRM) means an official map on which the
Federal Emergency Management Agency has delineated the areas of special flood
hazard.
(j) "Lowest floor" means the lowest floor of the lowest enclosed area
(including the 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 designed for use with or
without a permanent foundation when connected to the required utilities.
"Manufactured home" includes park trailers, travel trailers and other similar
vehicles placed on a site for more than 180 consecutive days.
(1) "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. "Manufactured home park or subdivision" does not include 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 (Ordinance 1298, passed
May 11, 1987).
(n) "Start of construction" means the date the building permit was issued,
provided that 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 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; the installation of streets
and/or walkways; excavation for a basement, footings, piers or foundations or the
erection of temporary forms; the installation on the property of accessory buildings,
such as garages or sheds, not occupied as dwelling units or 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 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. "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 such alteration affects the external dimensions of the structure.
"Substantial improvement" does not include 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 ensure safe living conditions, or any
alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
(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. 1298. Passed 5-11-87.)
1310.05 APPLICATION OF CHAPTER.
This chapter applies to all areas of special flood hazard within the jurisdiction of
the Village.
(Ord. 1298. Passed 5-11-87.)
1310.06 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 (or Flood Hazard
Boundary Map), Number 390085A, dated September 30, 1988. Such Map and any
revision thereto are hereby adopted by reference and declared to be a part of this
chapter.
(Ord. 1298. Passed 5-11-87.)
1310.07 COMPLIANCE REQUIRED.
Unless specifically exempted from filing for a development permit, as stated in
Section 1310.11(b), no structure or land shall hereafter be located, erected,
constructed, repaired, extended, converted, enlarged or altered without full
compliance with this chapter and all other applicable regulations which apply to
uses within the jurisdiction of this chapter.
(Ord. 1298. Passed 5-11-87.)
1310.08 CONFLICTS WITH EASEMENT, COVENANT OR DEED
RESTRICTIONS AND ORDINANCES.
This chapter is not intended to repeal, abrogate or impair any existing easement,
covenant or deed restriction. However, where this chapter and an ordinance,
easement, covenant or deed restriction conflict or overlap, the more stringent
restriction shall prevail.
(Ord. 1298. Passed 5-11-87.)
1310.09 INTERPRETATION OF CHAPTER; CONFLICTS WITH STATE LAW.
In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other power granted under State
statutes. Where a provision of this chapter is in conflict with a State law, such State
law shall take precedence.
(Ord. 1298. Passed 5-11-87.)
1310.10 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 hazard or uses permitted within such
areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the Village, any officer or employee thereof or the Federal
Emergency Management Agency, for any flood damage that results from reliance
on this chapter or any administrative decision lawfully made under this chapter.
(Ord. 1298. Passed 5-11-87.)
1310.11 DEVELOPMENT PERMIT REQUIRED; APPLICATION;
EXCEPTIONS.
(a) A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in Section
1310.06. An application for a development permit shall be made on forms
furnished by the Mayor 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 thereof; 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) The elevation, in relation to mean sea level, of the lowest floor,
including the basement, of all proposed structures;
(2) The 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 1310.16 (b).
(b) An application for a development permit is not 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
($1,000.00).
(Ord. 1298. Passed 5-11-87.)
1310.12 ENFORCEMENT.
The Mayor is hereby appointed to administer and implement this chapter by
granting or denying a development permit application in accordance with the
provisions of this chapter.
(Ord. 1298. Passed 5-11-87.)
1310.13 DUTIES OF MAYOR.
The duties of the Mayor under this chapter include, but are not limited to, the
following:
(a) Permit Review. The Mayor shall:
(1) Review all development permits to determine that the permit
requirements of this chapter have been satisfied;
(2) Review all development permits to ensure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required. The applicant is responsible for
obtaining such permits as required.
(3) 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, the Mayor shall ensure that the
encroachment provisions of Section 1310.17(a) are met.
(b) Use of Other Base Flood 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 community's Flood
Insurance Rate Map (or Flood Hazard Boundary Map). Within these areas, the
Mayor 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 Sections 1310.16(a) and (b) and 1310.17.
(c) Information to be Obtained and Maintained. Where base flood elevation
data are utilized within areas of special flood hazard on a community's Flood
Insurance Rate Map, (or Flood Hazard Boundary Map), regardless of the source of
such data, the Mayor shall:
(1) Obtain and record the actual elevation, in relation to mean sea
level, of the lowest floor, including the basement, of all new or substantially
improved structures, and state whether or not such structures contain a basement;
(2) For all new or substantially improved floodproofed structures:
A. Verify and record the actual elevation, in relation to mean sea level,
to which the structure was floodproofed; and
B. Maintain the floodproofing certifications required in Section
1310.11(a)(3); and
(3) Maintain for public inspection all records pertaining to this
chapter.
(d) Alteration of Watercourses. The Mayor shall:
(1) Notify adjacent communities and the Ohio Department of Natural
Resources, Division of Water, prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency Management
Agency; and
(2) Require that necessary maintenance will be provided for by the
applicant, for the altered or relocated portion of such watercourse, so that the flood
carrying capacity will not be diminished.
(e) Interpretation of Flood Boundaries. The Mayor shall make
interpretations, where needed, as to the exact location of the boundaries of the
areas of special flood hazard (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 1310.14.
(Ord. 1298. Passed 5-11-87.)
1310.14 APPEALS; VARIANCES.
(a) Procedures.
(1) Council shall hear and decide appeals and requests for
variances from the requirements of this chapter.
(2) Council shall hear and decide appeals when it is alleged that
there is an error in any requirement, decision or determination made by the Mayor
in the enforcement or administration of this chapter.
(3) Persons aggrieved by a decision of Council, or any taxpayer,
may appeal such decision to the County Court of Common Pleas, as provided in
Ohio R.C. Chapter 2506.
(4) In passing upon applications, Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this
chapter and:
A. The danger that materials may be swept onto other lands to the
injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to
the community;
E. The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
F. The necessity to the facility of a waterfront location, where
applicable;
G. The compatibility of the proposed use with- existing and anticipated
development;
H. The relationship of the proposed use to the comprehensive plan
and flood plain management program for that area;
I. The safety of access to the property, in times of flood, for ordinary
and emergency vehicles;
J. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable, expected
at the site; and
K. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such as
sewer, gas, electrical and water systems and streets and bridges.
(5) Upon consideration of the factors set forth in paragraph (a) (4)
hereof, and the purposes of this chapter, Council may attach such conditions to
the granting of variances as it deems necessary to further the purposes of this
chapter.
(6) The Mayor shall maintain the records of all appeal actions and
report any variance to the Federal Emergency Management Agency upon request.
(b) Conditions for Variances.
(1) Generally, a variance 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, provided that the provisions of paragraph (a)(4) hereof have
been fully considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
(2) A variance may be issued for the reconstruction, rehabilitation
or restoration of a structure 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.
(3) A variance shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would result.
(4) A variance shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) A variance shall only be issued upon:
A. A showing of good and sufficient cause;
B. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
C. A determination that the granting of a variance will not result in
increased flood heights beyond that which is allowed in this chapter, additional
threats to public safety or extraordinary public expense; create nuisances; cause
fraud on or victimization of the public, as identified in paragraph (a) (4) hereof; or
conflict with existing local laws or ordinances.
(6) Any applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(Ord. 1298. Passed 5-11-87.)
1310.15 STANDARDS FOR FLOOD HAZARD REDUCTION.
In all areas of special flood hazard, the following standards are required:
(a) Anchoring.
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(2) All manufactured homes not otherwise regulated by the Ohio
Revised Code pertaining to manufactured home parks shall be anchored to
prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or frame
ties to ground anchors.
(b) Construction Materials and Methods.
(1) All new construction and substantial improvements shall be
constructed with materials resistant to flood damage.
(2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
(3) All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
(c) Utilities.
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters into the systems.
(2) New and replacement sanitary sewerage systems shall be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharge from the systems into flood waters.
(3) Individual wastewater treatment systems shall be located to
avoid impairment to them or contamination from them during flooding.
(d) Subdivision Proposals.
(1) All subdivision proposals, including manufactured home
subdivisions, shall be consistent with the need to minimize flood damage.
(2) All subdivision proposals, including manufactured home
subdivisions, shall have public utilities and facilities, such as sewer, gas, electrical
and water systems, located and constructed to minimize flood damage.
(3) All subdivision proposals, including manufactured home
subdivisions, shall have adequate drainage provided to reduce exposure to flood
damage.
(4) Base flood elevation data shall be provided for subdivision
proposals, including manufactured home subdivisions, and other proposed
developments which contain at least fifty lots or five acres, whichever is less.
(Ord. 1298. Passed 5-11-87.)
1310.16 FLOODPROOFING STANDARDS.
In all areas of special flood hazard where base flood elevation data have been
provided as set forth in Section 1310.13(b), the following provisions are required:
(a) Residential Construction. New construction and substantial
improvement of any residential structure shall have the lowest floor, including the
basement, elevated to or above the base flood elevation.
(b) Nonresidential Construction. New construction and substantial
improvement of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including the basement, elevated to the level of the
base flood elevation or, together with attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy, and
(3) Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with accepted
standards of practice for meeting the standards of this subsection. Such
certification shall be provided to the official as set forth in Section 1310.11(a)(3).
(c) Accessory Structures. An exemption to the elevation or dry
floodproofing standards may be granted for accessory structures (e.g. sheds,
detached garages) containing 576 square feet or less in gross floor area. Such
structures shall meet the encroachment provisions of Section 1310.17(a) and the
following additional standards:
(1) Such structures shall not be used for human habitation.
(2) Such structures shall be designed to have low flood damage
potential.
(3) Such structures shall be constructed and placed on the building
site so as to offer the minimum resistance to the flow of flood waters.
(4) Such structures shall be firmly anchored to prevent flotation.
(5) Service facilities such as electrical and heating equipment shall
be elevated or floodproofed.
(d) Manufactured Homes. The following standards shall apply to all new
and substantially improved manufactured homes not subject to the manufactured
home requirements of Ohio R.C. 3733.01:
(1) Manufactured homes shall be anchored in accordance with
Section 1310.15(a)(2).
(2) Manufactured homes shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at or above the
base flood elevation.
(e) Enclosures Below Base Flood Elevation. This provision applies to all
new and substantially improved residential and nonresidential structures which are
elevated to or above the base flood elevation using pilings, columns or posts, or
which contain a crawl space. These structures may enclose the area below the
base flood elevation, provided that the enclosed areas are designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of flood waters. Specific design criteria are found in the National
Flood Insurance Program Rules and Regulations.
(Ord. 1298. Passed 5-11-87.)
1310.17 FLOODWAYS.
A floodway is the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot. The
floodway is an extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles and erosion potential. The Flood Insurance Rate
Map (or Flood Hazard Boundary Map) does not designate a floodway. However,
floodways may be delineated in other available sources of flood information as
specified in Section 1310.13(b). The following provisions apply within all delineated
floodway areas:
(a) Encroachments, including fill, new construction, substantial
improvements and other development, are prohibited, unless a technical
evaluation demonstrates that encroachments will not result in any increase in flood
levels during the occurrence of the base flood discharge.
(b) If division (a) hereof is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Sections 1310.15 and 1310.16.
(Ord. 1298. Passed 5-11-87.)
1310.99 PENALTY; EQUITABLE REMEDIES.
(a) Whoever violates or fails to comply with any of the provisions of this
chapter, including violations of and noncompliance with conditions and safeguards
established in connection with conditions, is guilty of a minor misdemeanor and
shall be fined not more than one hundred dollars ($100.00) for each offense. A
separate offense shall be deemed committed each day during or on which a
violation or noncompliance occurs or continues.
(b) Nothing in divisions (a) hereof shall be deemed to prevent the Village
from taking such other lawful action as is necessary to prevent or remedy any
violation or noncompliance.
(Ord. 1298. Passed 5-11-87.)
CHAPTER 1312
Repair And Maintenance of Structures
1312.01 Exterior property areas to be maintained in clean,
nuisance-free condition.
1312.02 Structures to be free from deterioration; repairs to be made.
1312.03 Foundations.
1312.04 Fences.
1312.05 Remedies.
1312.99 Penalty
1312.01 EXTERIOR PROPERTY AREAS TO BE MAINTAINED IN
CLEAN, NUISANCE-FREE CONDITION.
(a) All exterior property areas shall be maintained in a clean and sanitary
condition free from any accumulation of rubbish, garbage, junk, or refuse.
(b) Exterior property areas and accessory structures shall be free from
health, fire and accident hazards and from vermin, insect and rodent harborage
and conditions which might create a nuisance.
(Ord. 1372. Passed 3-25-91.)
1312.02 STRUCTURES TO BE FREE FROM DETERIORATION;
REPAIRS TO BE MADE.
(a) All exterior parts of dwelling structures shall be maintained weathertight
and so as to resist decay or deterioration from any cause. This includes exterior
walls, parapet walls, chimneys, windows, doors, and all other exterior structures,
either above or below the roof line.
(b) Any dwelling structure or secondary or appurtenant structure whose
exterior surface is bare, deteriorated, ramshackle, tumbledown, decaying,
disintegrating or in poor repair must be repaired or razed, as follows:
(1) All buckled, rotted, decayed or deteriorated walls, doors, windows,
porches, floors, steps, ceilings, soffits, posts, sills, trim and missing members
thereof must be replaced and put in good condition.
(2) All replacements must reasonably match and conform to the original
design if not replaced completely.
(3) All exterior wood or exterior unfinished surfaces must be sealed and
painted, surface covered with other approved protective coating or treated to
prevent rot and decay, and shall conform and match the existing paint or surface
covering and the original design or replacement thereof. All exterior walls and
surfaces must be properly protected against the weather where such are defective
or lack weather protection, including lack of paint or surface covering, or where
such have weathered due to lack of proper protective covering.
(c) Any dwelling structure or secondary or appurtenant structure whose
exterior surface is deteriorated, decaying or disintegrating or whose exterior
surface has been impaired through peeling or flaking of the paint or other
protective coating, shall be repaired, repainted or resurfaced as follows:
(1) All exterior surfaces shall be replaced or repaired in good
condition preparatory to repainting or coating.
(2) All bare exterior surfaces which are flaking or crumbling shall be
replaced or sealed in a good and workmanlike manner.
(3) All new or repaired bare surfaces shall be painted or coated.
(4) All exterior surfaces weathered with dirt and grime or which are
peeling or flaking shall be painted or covered with an approved protective coating
or surface.
(Ord. 1372. Passed 3-25-91.)
1312.03 FOUNDATIONS.
(a) Foundations of dwelling structures shall be maintained structurally
sound and in good repair. Foundations of structures shall be free of loose, missing
or deteriorated mortar, damaged, loose of missing bricks, flaking tiles and other
deteriorated foundation materials.
(b) All areas of foundations which evidence leaning, bowing or cracking shall
be deemed to be in violation of this chapter and shall be repaired accordingly.
(c) Foundations of dwelling structures shall be maintained in such
condition as to prevent the seepage or leaking of water within the space enclosed
within such foundations.
(d) Openings into foundations of dwelling structures shall be protected
against the entrance of rodents and insects.
(Ord. 1372. Passed 3-25-91.)
1312.04 FENCES.
All fences provided and/or caused to be erected by an owner, agent or
occupant shall be constructed of manufactured metal fencing material, wood,
masonry, or other inert material. Such fences shall be maintained in good
condition, uniform in height, and all metal or wood shall be protected against
deterioration by the use of proper paint or other preservative.
(Ord. 1372. Passed 3-25-91.)
1312.05 REMEDIES.
An imposition of the penalty described in Section 1312.99 shall not preclude
the Village Solicitor from instituting an appropriate action or proceeding in law or in
equity to restrain, correct, or abate a violation of any provision of this chapter or to
prevent the occupancy of a building, structure, or premises contrary to this chapter.
(Ord. 1372. Passed 3-25-91.)
1312.99 PENALTY.
Whoever is found guilty of violating or failing to comply with any of the
provisions of this chapter shall be guilty of a minor misdemeanor and shall be fined
not more than one hundred dollars ($100.00) for each offense. A separate offense
shall be deemed committed each day during or on which a violation or
noncompliance occurs.
(Ord. 1372. Passed 3-25-91.)
CHAPTER 1314
Licensing of Artisan-Contractors
1314.01 Definitions.
1314.02 License required prior to work.
1314.03 Exemptions.
1314.04 Application; requirements for license.
1314.05 Refusal of license; stopping work.
1314.99 Penalty.
1314.01 DEFINITIONS.
For the purposes of this chapter the following definitions shall apply:
(a) "Contractor" means any person firm, or corporation contracting to
supply and perform work or labor for another person, firm or corporation for a
stipulated sum of money.
(b) "Sub-contractor" means any person, firm or corporation assuming, by
secondary contract, some or all of the obligations of a primary contractor.
(c) "Village" means the Village of Lisbon, Ohio.
(Ord. 1571. Passed 2-26-98.)
1314.02 LICENSE REQUIRED PRIOR TO WORK.
No person, firm or corporation, either as a contractor or a subcontractor, shall
construct, alter, remove, demolish, or commence the construction, alteration,
removal, or demolition of any building or structure, or install any equipment for the
operation of a building or structure, within the Village, without first filing with the
Zoning Administrator an application, in writing, and obtaining a formal license in
conformity with this chapter.
(Ord. 1571. Passed 2-26-98.)
1314.03 EXEMPTIONS.
An owner of real estate who personally performs his or her own labor on real
estate owned by him or her, shall be exempt from the license requirements
hereunder.
(Ord. 1571. Passed 2-26-98.)
1314.04 APPLICATION; REQUIREMENTS FOR LICENSE.
(a) No person, firm or corporation, either as a contractor or a subcontractor,
shall perform any of the services set forth in Section 1314.02 hereof without first
obtaining a license from the Zoning Administrator/or his or her agent to perform
such work within the Village.
(b) No license shall be issued by the Zoning Administrator until the contractor
or subcontractor has first complied with the following requirements.
(1) Submission of a written application, on forms provided by the Village.
(2) Payment of a fee in the amount of fifty dollars ($50.00) per year, which
year shall commence on the day the license is issued.
(3) Certificate from Village Income Tax Department that such
person, firm or corporation, either as a contractor or a subcontractor, is registered
with such department, including the partners, employees, agents or servants of
such contractor or subcontractor performing work or labor within the Village.
(4) Proof of liability insurance shall be shown at time of application
for license.
(Ord. 1571. Passed 2-26-98.)
1314.05 REFUSAL OF LICENSE; STOPPING WORK.
Failure of any person, firm or corporation, either as a contractor or a
subcontractor, to meet any of the requirements set forth in this chapter shall be
cause for the Zoning Administrator to refuse the issuance of a license for the
performance of any work by such contractor or subcontractor within the Village.
Should a contractor or subcontractor be found by the Zoning Administrator to be
performing work without a valid and proper license, the Zoning Administrator shall
cause all work to cease immediately until all of the above requirements are
satisfied. The license fee hereunder shall doubled if work has begun on a job cite
before said license is obtained.
(Ord. 1571. Passed 2-26-98.)
1314.99 PENALTY.
Whoever violates this chapter two or more times, or whoever continues to work
at a job cite after being notified of their violation of this chapter, is guilty of a minor
misdemeanor.
(Ord. 1571. Passed 2-26-98.)
SEQ CHAPTER \h \r 1
CODIFIED ORDINANCES OF LISBON
PART THIRTEEN - BUILDING CODE
Chap. 1310. Flood Damage Prevention.
Chap. 1312. Repair and Maintenance of Structures.
Chap. 1314. Licensing of Artisan-Contractors.
BUILDING CODE 23
CHAPTER 1310
Flood Damage Prevention
1310.01 Findings of fact.
1310.02 Purposes.
1310.03 Methods of reducing flood losses.
1310.04 Definitions.
1310.05 Application of chapter.
1310.06 Areas of special flood hazard.
1310.07 Compliance required.
1310.08 Conflicts with easement, covenant or deed restrictions and ordinances.
1310.09 Interpretation of chapter; conflicts with State law.
1310.10 Warning and disclaimer of liability.
1310.11 permit required; application; exceptions.
1310.12 Enforcement.
1310.13 Duties of Mayor.
1310.14 Appeals; variances.
1310.15 Standards for flood hazard reduction.
1310.16 Floodproofing standards.
1310.17 Floodways.
1310.99 Penalty; equitable remedies.
CROSS REFERENCES
Flood control as function of Ohio Commission on Interstate Cooperation - see Ohio
R.C. 105.36
Flood control by soil conservation district supervisors - see Ohio R.C. 1515.08
Flood insurance - see Ohio R.C. 3425.34(C), 3941.02(A)(1)
Water supply, sanitation, ditches - see Ohio R.C. 6101.01 et seq.
1310.01 FINDINGS OF FACT.
(a) The flood hazard areas of the Village 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.
(b) These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard 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.
(Ord. 1298. Passed 5-11-87.)
1310.02 PURPOSES.
The purposes of this chapter are 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:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities, such as water and gas
mains, electric, telephone and sewer lines and streets and bridges located in areas
of special flood hazard;
(f) 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;
(g) Ensure that potential buyers are aware that property is in an area of
special flood hazard; and
(h) Ensure that persons who occupy an area of special flood hazard
assume responsibility for their actions.
(Ord. 1298. Passed 5-11-87.)
1310.03 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this chapter includes methods and
provisions for:
(a) 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;
(b) Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
(c) Controlling the alteration of natural flood plains, stream channels and
natural protective barriers, which help accommodate or channel flood waters;
(d) Controlling filling, grading, dredging and other development which may
increase flood damage; and
(e) Preventing or regulating the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 1298. Passed 5-11-87.)
1310.04 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. As used in this chapter:
(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 Mayor'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 chance of being
equaled 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
and mining, dredging, filling, grading, paving, excavating or drilling operations
located in the area of special flood hazard.
(f) "Federal Emergency Management Agency" (FEMA) means the agency
with the overall responsibility for administering the National Flood Insurance
Program.
(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 run-off of surface waters
from any source.
(h) "Flood Hazard Boundary Map" (FHBM) means the same as "Flood
Insurance Rate Map."
(i) "Flood Insurance Rate Map" (FIRM) means an official map on which the
Federal Emergency Management Agency has delineated the areas of special flood
hazard.
(j) "Lowest floor" means the lowest floor of the lowest enclosed area
(including the 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 designed for use with or
without a permanent foundation when connected to the required utilities.
"Manufactured home" includes park trailers, travel trailers and other similar
vehicles placed on a site for more than 180 consecutive days.
(1) "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. "Manufactured home park or subdivision" does not include 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 (Ordinance 1298, passed
May 11, 1987).
(n) "Start of construction" means the date the building permit was issued,
provided that 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 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; the installation of streets
and/or walkways; excavation for a basement, footings, piers or foundations or the
erection of temporary forms; the installation on the property of accessory buildings,
such as garages or sheds, not occupied as dwelling units or 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 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. "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 such alteration affects the external dimensions of the structure.
"Substantial improvement" does not include 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 ensure safe living conditions, or any
alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
(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. 1298. Passed 5-11-87.)
1310.05 APPLICATION OF CHAPTER.
This chapter applies to all areas of special flood hazard within the jurisdiction of
the Village.
(Ord. 1298. Passed 5-11-87.)
1310.06 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 (or Flood Hazard
Boundary Map), Number 390085A, dated September 30, 1988. Such Map and any
revision thereto are hereby adopted by reference and declared to be a part of this
chapter.
(Ord. 1298. Passed 5-11-87.)
1310.07 COMPLIANCE REQUIRED.
Unless specifically exempted from filing for a development permit, as stated in
Section 1310.11(b), no structure or land shall hereafter be located, erected,
constructed, repaired, extended, converted, enlarged or altered without full
compliance with this chapter and all other applicable regulations which apply to
uses within the jurisdiction of this chapter.
(Ord. 1298. Passed 5-11-87.)
1310.08 CONFLICTS WITH EASEMENT, COVENANT OR DEED
RESTRICTIONS AND ORDINANCES.
This chapter is not intended to repeal, abrogate or impair any existing easement,
covenant or deed restriction. However, where this chapter and an ordinance,
easement, covenant or deed restriction conflict or overlap, the more stringent
restriction shall prevail.
(Ord. 1298. Passed 5-11-87.)
1310.09 INTERPRETATION OF CHAPTER; CONFLICTS WITH STATE LAW.
In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other power granted under State
statutes. Where a provision of this chapter is in conflict with a State law, such State
law shall take precedence.
(Ord. 1298. Passed 5-11-87.)
1310.10 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 hazard or uses permitted within such
areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the Village, any officer or employee thereof or the Federal
Emergency Management Agency, for any flood damage that results from reliance
on this chapter or any administrative decision lawfully made under this chapter.
(Ord. 1298. Passed 5-11-87.)
1310.11 DEVELOPMENT PERMIT REQUIRED; APPLICATION;
EXCEPTIONS.
(a) A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in Section
1310.06. An application for a development permit shall be made on forms
furnished by the Mayor 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 thereof; 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) The elevation, in relation to mean sea level, of the lowest floor,
including the basement, of all proposed structures;
(2) The 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 1310.16 (b).
(b) An application for a development permit is not 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
($1,000.00).
(Ord. 1298. Passed 5-11-87.)
1310.12 ENFORCEMENT.
The Mayor is hereby appointed to administer and implement this chapter by
granting or denying a development permit application in accordance with the
provisions of this chapter.
(Ord. 1298. Passed 5-11-87.)
1310.13 DUTIES OF MAYOR.
The duties of the Mayor under this chapter include, but are not limited to, the
following:
(a) Permit Review. The Mayor shall:
(1) Review all development permits to determine that the permit
requirements of this chapter have been satisfied;
(2) Review all development permits to ensure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required. The applicant is responsible for
obtaining such permits as required.
(3) 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, the Mayor shall ensure that the
encroachment provisions of Section 1310.17(a) are met.
(b) Use of Other Base Flood 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 community's Flood
Insurance Rate Map (or Flood Hazard Boundary Map). Within these areas, the
Mayor 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 Sections 1310.16(a) and (b) and 1310.17.
(c) Information to be Obtained and Maintained. Where base flood elevation
data are utilized within areas of special flood hazard on a community's Flood
Insurance Rate Map, (or Flood Hazard Boundary Map), regardless of the source of
such data, the Mayor shall:
(1) Obtain and record the actual elevation, in relation to mean sea
level, of the lowest floor, including the basement, of all new or substantially
improved structures, and state whether or not such structures contain a basement;
(2) For all new or substantially improved floodproofed structures:
A. Verify and record the actual elevation, in relation to mean sea level,
to which the structure was floodproofed; and
B. Maintain the floodproofing certifications required in Section
1310.11(a)(3); and
(3) Maintain for public inspection all records pertaining to this
chapter.
(d) Alteration of Watercourses. The Mayor shall:
(1) Notify adjacent communities and the Ohio Department of Natural
Resources, Division of Water, prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency Management
Agency; and
(2) Require that necessary maintenance will be provided for by the
applicant, for the altered or relocated portion of such watercourse, so that the flood
carrying capacity will not be diminished.
(e) Interpretation of Flood Boundaries. The Mayor shall make
interpretations, where needed, as to the exact location of the boundaries of the
areas of special flood hazard (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 1310.14.
(Ord. 1298. Passed 5-11-87.)
1310.14 APPEALS; VARIANCES.
(a) Procedures.
(1) Council shall hear and decide appeals and requests for
variances from the requirements of this chapter.
(2) Council shall hear and decide appeals when it is alleged that
there is an error in any requirement, decision or determination made by the Mayor
in the enforcement or administration of this chapter.
(3) Persons aggrieved by a decision of Council, or any taxpayer,
may appeal such decision to the County Court of Common Pleas, as provided in
Ohio R.C. Chapter 2506.
(4) In passing upon applications, Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this
chapter and:
A. The danger that materials may be swept onto other lands to the
injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to
the community;
E. The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
F. The necessity to the facility of a waterfront location, where
applicable;
G. The compatibility of the proposed use with- existing and anticipated
development;
H. The relationship of the proposed use to the comprehensive plan
and flood plain management program for that area;
I. The safety of access to the property, in times of flood, for ordinary
and emergency vehicles;
J. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable, expected
at the site; and
K. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such as
sewer, gas, electrical and water systems and streets and bridges.
(5) Upon consideration of the factors set forth in paragraph (a) (4)
hereof, and the purposes of this chapter, Council may attach such conditions to
the granting of variances as it deems necessary to further the purposes of this
chapter.
(6) The Mayor shall maintain the records of all appeal actions and
report any variance to the Federal Emergency Management Agency upon request.
(b) Conditions for Variances.
(1) Generally, a variance 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, provided that the provisions of paragraph (a)(4) hereof have
been fully considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
(2) A variance may be issued for the reconstruction, rehabilitation
or restoration of a structure 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.
(3) A variance shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would result.
(4) A variance shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) A variance shall only be issued upon:
A. A showing of good and sufficient cause;
B. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
C. A determination that the granting of a variance will not result in
increased flood heights beyond that which is allowed in this chapter, additional
threats to public safety or extraordinary public expense; create nuisances; cause
fraud on or victimization of the public, as identified in paragraph (a) (4) hereof; or
conflict with existing local laws or ordinances.
(6) Any applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(Ord. 1298. Passed 5-11-87.)
1310.15 STANDARDS FOR FLOOD HAZARD REDUCTION.
In all areas of special flood hazard, the following standards are required:
(a) Anchoring.
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(2) All manufactured homes not otherwise regulated by the Ohio
Revised Code pertaining to manufactured home parks shall be anchored to
prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or frame
ties to ground anchors.
(b) Construction Materials and Methods.
(1) All new construction and substantial improvements shall be
constructed with materials resistant to flood damage.
(2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
(3) All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
(c) Utilities.
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters into the systems.
(2) New and replacement sanitary sewerage systems shall be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharge from the systems into flood waters.
(3) Individual wastewater treatment systems shall be located to
avoid impairment to them or contamination from them during flooding.
(d) Subdivision Proposals.
(1) All subdivision proposals, including manufactured home
subdivisions, shall be consistent with the need to minimize flood damage.
(2) All subdivision proposals, including manufactured home
subdivisions, shall have public utilities and facilities, such as sewer, gas, electrical
and water systems, located and constructed to minimize flood damage.
(3) All subdivision proposals, including manufactured home
subdivisions, shall have adequate drainage provided to reduce exposure to flood
damage.
(4) Base flood elevation data shall be provided for subdivision
proposals, including manufactured home subdivisions, and other proposed
developments which contain at least fifty lots or five acres, whichever is less.
(Ord. 1298. Passed 5-11-87.)
1310.16 FLOODPROOFING STANDARDS.
In all areas of special flood hazard where base flood elevation data have been
provided as set forth in Section 1310.13(b), the following provisions are required:
(a) Residential Construction. New construction and substantial
improvement of any residential structure shall have the lowest floor, including the
basement, elevated to or above the base flood elevation.
(b) Nonresidential Construction. New construction and substantial
improvement of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including the basement, elevated to the level of the
base flood elevation or, together with attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy, and
(3) Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with accepted
standards of practice for meeting the standards of this subsection. Such
certification shall be provided to the official as set forth in Section 1310.11(a)(3).
(c) Accessory Structures. An exemption to the elevation or dry
floodproofing standards may be granted for accessory structures (e.g. sheds,
detached garages) containing 576 square feet or less in gross floor area. Such
structures shall meet the encroachment provisions of Section 1310.17(a) and the
following additional standards:
(1) Such structures shall not be used for human habitation.
(2) Such structures shall be designed to have low flood damage
potential.
(3) Such structures shall be constructed and placed on the building
site so as to offer the minimum resistance to the flow of flood waters.
(4) Such structures shall be firmly anchored to prevent flotation.
(5) Service facilities such as electrical and heating equipment shall
be elevated or floodproofed.
(d) Manufactured Homes. The following standards shall apply to all new
and substantially improved manufactured homes not subject to the manufactured
home requirements of Ohio R.C. 3733.01:
(1) Manufactured homes shall be anchored in accordance with
Section 1310.15(a)(2).
(2) Manufactured homes shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at or above the
base flood elevation.
(e) Enclosures Below Base Flood Elevation. This provision applies to all
new and substantially improved residential and nonresidential structures which are
elevated to or above the base flood elevation using pilings, columns or posts, or
which contain a crawl space. These structures may enclose the area below the
base flood elevation, provided that the enclosed areas are designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of flood waters. Specific design criteria are found in the National
Flood Insurance Program Rules and Regulations.
(Ord. 1298. Passed 5-11-87.)
1310.17 FLOODWAYS.
A floodway is the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot. The
floodway is an extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles and erosion potential. The Flood Insurance Rate
Map (or Flood Hazard Boundary Map) does not designate a floodway. However,
floodways may be delineated in other available sources of flood information as
specified in Section 1310.13(b). The following provisions apply within all delineated
floodway areas:
(a) Encroachments, including fill, new construction, substantial
improvements and other development, are prohibited, unless a technical
evaluation demonstrates that encroachments will not result in any increase in flood
levels during the occurrence of the base flood discharge.
(b) If division (a) hereof is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Sections 1310.15 and 1310.16.
(Ord. 1298. Passed 5-11-87.)
1310.99 PENALTY; EQUITABLE REMEDIES.
(a) Whoever violates or fails to comply with any of the provisions of this
chapter, including violations of and noncompliance with conditions and safeguards
established in connection with conditions, is guilty of a minor misdemeanor and
shall be fined not more than one hundred dollars ($100.00) for each offense. A
separate offense shall be deemed committed each day during or on which a
violation or noncompliance occurs or continues.
(b) Nothing in divisions (a) hereof shall be deemed to prevent the Village
from taking such other lawful action as is necessary to prevent or remedy any
violation or noncompliance.
(Ord. 1298. Passed 5-11-87.)
CHAPTER 1312
Repair And Maintenance of Structures
1312.01 Exterior property areas to be maintained in clean,
nuisance-free condition.
1312.02 Structures to be free from deterioration; repairs to be made.
1312.03 Foundations.
1312.04 Fences.
1312.05 Remedies.
1312.99 Penalty
1312.01 EXTERIOR PROPERTY AREAS TO BE MAINTAINED IN
CLEAN, NUISANCE-FREE CONDITION.
(a) All exterior property areas shall be maintained in a clean and sanitary
condition free from any accumulation of rubbish, garbage, junk, or refuse.
(b) Exterior property areas and accessory structures shall be free from
health, fire and accident hazards and from vermin, insect and rodent harborage
and conditions which might create a nuisance.
(Ord. 1372. Passed 3-25-91.)
1312.02 STRUCTURES TO BE FREE FROM DETERIORATION;
REPAIRS TO BE MADE.
(a) All exterior parts of dwelling structures shall be maintained weathertight
and so as to resist decay or deterioration from any cause. This includes exterior
walls, parapet walls, chimneys, windows, doors, and all other exterior structures,
either above or below the roof line.
(b) Any dwelling structure or secondary or appurtenant structure whose
exterior surface is bare, deteriorated, ramshackle, tumbledown, decaying,
disintegrating or in poor repair must be repaired or razed, as follows:
(1) All buckled, rotted, decayed or deteriorated walls, doors, windows,
porches, floors, steps, ceilings, soffits, posts, sills, trim and missing members
thereof must be replaced and put in good condition.
(2) All replacements must reasonably match and conform to the original
design if not replaced completely.
(3) All exterior wood or exterior unfinished surfaces must be sealed and
painted, surface covered with other approved protective coating or treated to
prevent rot and decay, and shall conform and match the existing paint or surface
covering and the original design or replacement thereof. All exterior walls and
surfaces must be properly protected against the weather where such are defective
or lack weather protection, including lack of paint or surface covering, or where
such have weathered due to lack of proper protective covering.
(c) Any dwelling structure or secondary or appurtenant structure whose
exterior surface is deteriorated, decaying or disintegrating or whose exterior
surface has been impaired through peeling or flaking of the paint or other
protective coating, shall be repaired, repainted or resurfaced as follows:
(1) All exterior surfaces shall be replaced or repaired in good
condition preparatory to repainting or coating.
(2) All bare exterior surfaces which are flaking or crumbling shall be
replaced or sealed in a good and workmanlike manner.
(3) All new or repaired bare surfaces shall be painted or coated.
(4) All exterior surfaces weathered with dirt and grime or which are
peeling or flaking shall be painted or covered with an approved protective coating
or surface.
(Ord. 1372. Passed 3-25-91.)
1312.03 FOUNDATIONS.
(a) Foundations of dwelling structures shall be maintained structurally
sound and in good repair. Foundations of structures shall be free of loose, missing
or deteriorated mortar, damaged, loose of missing bricks, flaking tiles and other
deteriorated foundation materials.
(b) All areas of foundations which evidence leaning, bowing or cracking shall
be deemed to be in violation of this chapter and shall be repaired accordingly.
(c) Foundations of dwelling structures shall be maintained in such
condition as to prevent the seepage or leaking of water within the space enclosed
within such foundations.
(d) Openings into foundations of dwelling structures shall be protected
against the entrance of rodents and insects.
(Ord. 1372. Passed 3-25-91.)
1312.04 FENCES.
All fences provided and/or caused to be erected by an owner, agent or
occupant shall be constructed of manufactured metal fencing material, wood,
masonry, or other inert material. Such fences shall be maintained in good
condition, uniform in height, and all metal or wood shall be protected against
deterioration by the use of proper paint or other preservative.
(Ord. 1372. Passed 3-25-91.)
1312.05 REMEDIES.
An imposition of the penalty described in Section 1312.99 shall not preclude
the Village Solicitor from instituting an appropriate action or proceeding in law or in
equity to restrain, correct, or abate a violation of any provision of this chapter or to
prevent the occupancy of a building, structure, or premises contrary to this chapter.
(Ord. 1372. Passed 3-25-91.)
1312.99 PENALTY.
Whoever is found guilty of violating or failing to comply with any of the
provisions of this chapter shall be guilty of a minor misdemeanor and shall be fined
not more than one hundred dollars ($100.00) for each offense. A separate offense
shall be deemed committed each day during or on which a violation or
noncompliance occurs.
(Ord. 1372. Passed 3-25-91.)
CHAPTER 1314
Licensing of Artisan-Contractors
1314.01 Definitions.
1314.02 License required prior to work.
1314.03 Exemptions.
1314.04 Application; requirements for license.
1314.05 Refusal of license; stopping work.
1314.99 Penalty.
1314.01 DEFINITIONS.
For the purposes of this chapter the following definitions shall apply:
(a) "Contractor" means any person firm, or corporation contracting to
supply and perform work or labor for another person, firm or corporation for a
stipulated sum of money.
(b) "Sub-contractor" means any person, firm or corporation assuming, by
secondary contract, some or all of the obligations of a primary contractor.
(c) "Village" means the Village of Lisbon, Ohio.
(Ord. 1571. Passed 2-26-98.)
1314.02 LICENSE REQUIRED PRIOR TO WORK.
No person, firm or corporation, either as a contractor or a subcontractor, shall
construct, alter, remove, demolish, or commence the construction, alteration,
removal, or demolition of any building or structure, or install any equipment for the
operation of a building or structure, within the Village, without first filing with the
Zoning Administrator an application, in writing, and obtaining a formal license in
conformity with this chapter.
(Ord. 1571. Passed 2-26-98.)
1314.03 EXEMPTIONS.
An owner of real estate who personally performs his or her own labor on real
estate owned by him or her, shall be exempt from the license requirements
hereunder.
(Ord. 1571. Passed 2-26-98.)
1314.04 APPLICATION; REQUIREMENTS FOR LICENSE.
(a) No person, firm or corporation, either as a contractor or a subcontractor,
shall perform any of the services set forth in Section 1314.02 hereof without first
obtaining a license from the Zoning Administrator/or his or her agent to perform
such work within the Village.
(b) No license shall be issued by the Zoning Administrator until the contractor
or subcontractor has first complied with the following requirements.
(1) Submission of a written application, on forms provided by the Village.
(2) Payment of a fee in the amount of fifty dollars ($50.00) per year, which
year shall commence on the day the license is issued.
(3) Certificate from Village Income Tax Department that such
person, firm or corporation, either as a contractor or a subcontractor, is registered
with such department, including the partners, employees, agents or servants of
such contractor or subcontractor performing work or labor within the Village.
(4) Proof of liability insurance shall be shown at time of application
for license.
(Ord. 1571. Passed 2-26-98.)
1314.05 REFUSAL OF LICENSE; STOPPING WORK.
Failure of any person, firm or corporation, either as a contractor or a
subcontractor, to meet any of the requirements set forth in this chapter shall be
cause for the Zoning Administrator to refuse the issuance of a license for the
performance of any work by such contractor or subcontractor within the Village.
Should a contractor or subcontractor be found by the Zoning Administrator to be
performing work without a valid and proper license, the Zoning Administrator shall
cause all work to cease immediately until all of the above requirements are
satisfied. The license fee hereunder shall doubled if work has begun on a job cite
before said license is obtained.
(Ord. 1571. Passed 2-26-98.)
1314.99 PENALTY.
Whoever violates this chapter two or more times, or whoever continues to work
at a job cite after being notified of their violation of this chapter, is guilty of a minor
misdemeanor.
(Ord. 1571. Passed 2-26-98.)
