1385.16 MAINTENANCE OF ROOFS, GUTTERS AND DOWNSPOUTS.
   (a)   All roofs of every dwelling structure shall be maintained weather- tight and shall be equipped with gutters and downspouts connected to a public storm sewer, or a combined storm and sanitary sewer, or other method of conveying runoff which, in the opinion of the building commissioner, creates no excessive erosion, water damage or a nuisance to common areas or other properties, public or private.
      (1)   As an alternative to the requirements set forth in section (a), above, one or more downspouts may be diverted into an approved rain barrel provided that overflow from such appurtenance is directed back into the downspout. Rain barrels shall be covered at all times and shall not cause a public or private nuisance. Rain barrels shall not be installed in the front or side yard setbacks, unless it can be demonstrated to the satisfaction of the building commissioner that due to the configuration of the structure or the existence of landscaping the rain barrel would not be visible from the public right of way or cause a public or private nuisance. Rain barrels are to be positioned adjacent to the dwelling structure so as to not be visible from the public right of way. A landscaping plan may be necessary if the rain barrel(s) need to be screened from view from the public right of way.
      (2)   A rain barrel is to be composed of HDPE plastic or equivalent, as determined by the Building Department, minimum size of 30 gallons, maximum size of 55 gallons, with a secure top. Rain barrel installations require the review and approval of the building commissioner or his/her authorized representative. Plans submitted for review and approval shall include a site plan drawn to scale, showing the structure in relation to the property lines and the location of the downspout(s) proposed to be used for the rain barrels, along with details of the type and size of the rain barrel and the method of connecting the overflow back to the downspout.
      (3)   Any determination by the Building Commissioner pursuant to this section may be appealed by any aggrieved party to the Board of Zoning Appeals. In light of the environmental benefits of rain barrel installation, as well as the costs of same, no application fee shall be required for such appeal. (Ord. 2016-66. Passed 9-6-16.)