Missouri
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City of Clarkson Valley Missouri |
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Cross References─Planning
and zoning commission, ch. 400; cable television franchising regulations, ch.
620; parks and recreation, ch. 230; sewers and sewage disposal, ch. 235;
subdivision regulations, ch. 410; zoning regulations, ch. 405; contracts for
public construction, §105.010.
SECTION 500.010: BUILDING CODE─ADOPTION
A certain document, three (3) copies
of which are on file in the office of the City Clerk, being marked and
designated as the "BOCA National Building Code, Fourteenth Edition,
1999" as published by the Building Officials and Code Administrators
International, Inc., with the modifications hereinafter set forth, is hereby
adopted as the Building Code of the City; for the control of buildings and
structures as herein provided; and each and all regulations, provisions,
penalties, conditions and terms of the BOCA National Building Code, Fourteenth
Edition, 1999, are hereby referred to, adopted and made a part hereof, as if
fully set out in this Article. (CC
1990 §5-136; Code 1977 §21.010; Ord. No. 93-14 §§1─3, 9-7-93; Ord. No.
97-07 §§1─2, Exhibit A §5-136, 3-4-97; Ord. No. 99-09 §§1─3,
9-7-99)
The
code adopted by Section 500.010 is hereby amended as follows:
The term "Building Official" wherever employed in this Article or
the code adopted by this Article shall mean the Building Commissioner, whose
office is created by Section 500.090, and he/she shall be the person vested with
executive authority to see that all laws, ordinances and codes regulating
building construction are observed and enforced.
Section
100.1 Title, is amended by substituting the words "City of Clarkson
Valley, Missouri" for the words "[name of jurisdiction]" in lines
one (1) and two (2) thereof.
Section
103.4 Rehabilitation, is amended by inserting the date "November 1,
1977" in lines one (1), two (2) and three (3) thereof.
Sections
109.1 Code Official through 109.4
Deputy, are hereby abolished and revoked in their entirety and substituted
therefore is a new section 109.1 which shall read as follows:
"109.1
Building Commissioner: Any
reference in this Building Code to "Department of Building Inspection"
or "Official of Department of Building Inspection", "Building
Official", "Code Official", or "Inspector" unless
otherwise provided shall be construed to mean the Building Commissioner of the
City as provided in Section 500.090 of the Municipal Code, City of Clarkson
Valley, Missouri."
Section
111.5 Plans and specifications, is
amended by changing the word and figure "two (2)" to the word and
figure "five (5)" in line two (2) thereof.
Section
111.6 Site plan, is amended by changing the first (1st) line to read as
follows: "There shall also be
filed five (5) site plans showing to scale the size and loca- ...."
Section
112.5 Approved plans, is amended in its
entirety to read as follows:
"112.5
Approved plans: The Building
Official shall stamp or endorse in writing on four (4) sets of corrected plans
the words "APPROVED─City of Clarkson Valley, Missouri" followed
by the date and signature of the Building Official; and two (2) sets of such
approved plans shall be returned to the applicant and the applicant shall keep
one (1) of such sets of approved plans at the building site, open to inspection
of the Building Official or his/her authorized representative at all reasonable
times, and the Building Official shall deliver one (1) set of such approved
plans to the Building Inspector for his/her files."
Section
113.6 Bond is added to read as follows:
"113.6
Bond:
(1)
A permit shall not be issued until the applicant for the permit shall
have entered into a bond payable to the City of Clarkson Valley.
In Zone "A" Semi-Rural District the bond shall be in the sum of
one thousand dollars ($1,000.00), said bond shall be either in cash or with a
corporate surety company approved by said City.
In Zone "C" Office District the bond shall be either in cash
for the sum of ten thousand dollars ($10,000.00) deposited with the City or with
a corporate surety company approved by said City in the sum of one hundred
thousand dollars ($100,000.00) as the applicant for the permit shall elect.
(2)
The bond for either zoning district shall be conditioned that the
applicant for the permit will perform the work authorized by the permit in
compliance with this Building Code, the Municipal Code and all ordinances of the
City of Clarkson Valley and further conditioned that during the construction and
work authorized by the permit said applicant will not cause any nuisance to
exist within said City which are
required for the purpose of promoting health, safety, morals or general welfare
of the community, and said bond shall be conditioned for the payment of any
damage or destruction or removal of a nuisance caused or permitted as herein
contained. The applicant and any
surety on said bond shall not be released or discharged from liability on said
bond until applicant has complied with all conditions of said bond and a
certificate of use and occupancy has been issued for the structure for which the
permit was granted.
(3)
Any applicant for a permit in the Zone "A" Semi-Rural District
who has entered into and posted bonds with the City of Clarkson Valley, pursuant
to subparagraph (1) above, which amount in the aggregate to ten thousand dollars
($10,000.00) at any one (1) time, shall not be required to increase said sum or
to post any additional bonds or any additional sum in excess of said ten
thousand dollars ($10,000.00), so long as there has been compliance with the
conditions specified in the outstanding permits and the conditions required by
the bond herein described. Said sum
of ten thousand dollars ($10,000.00) shall suffice for all outstanding permits
of the applicant and each said permit shall be considered and treated as though
it is secured by a bond in the sum of one thousand dollars ($1,000.00).
(4)
In the event of any violation of the conditions of any of the applicant's
outstanding permits or in the event of any failure of performance of the work
authorized by any of the applicant's permits, then this provision limiting the
amount of the bonds to ten thousand dollars ($10,000.00) in the Zone
"A" Semi-Rural District shall not apply and said provisions limiting
the aggregate amount of the bond shall be void and of no avail and the applicant
shall be required upon written notice from the City Building Commissioner to
immediately post a bond as provided in subparagraph (1) above in the sum of one
thousand dollars ($1,000.00) for each outstanding permit then issued to the
applicant in the Zone "A" Semi-Rural District."
Section
114.3 New construction and alterations, is
amended to read as follows:
"The fee for a building permit
in connection with new construction or alteration of an existing structure shall
be based on the square footage of livable and/or usable space in the structure
measured from the outside of the outside walls, and the computation of square
footage shall include finished basements, occupied spaces, garages and porches.
Said fee shall be at the rate of four cents ($0.04) per square foot plus
twenty-five dollars ($25.00) for issuance of the building permit.
The fee for a building permit in connection with swimming pools or porch
additions shall be fifteen dollars ($15.00) plus twenty-five dollars ($25.00)
for issuance of the building permit. Any amendment to a permit necessitating an
additional fee because of an increase in the square footage of the work involved
shall not be approved until the additional fee shall have been paid."
Section
114.3.1 Fee schedule, is amended by substituting
the following fee schedule for the words "jurisdiction to insert
appropriate schedules".:
"Inspection
fees: That in addition to the
building permit fees, an inspection fee shall be paid to the City of Clarkson
Valley or to the appropriate political subdivision as herein provided for each
inspection deemed necessary by the Building Commissioner after review of plans
submitted with the building permit application.
The fee for any inspections conducted by the City of Clarkson Valley
shall be twenty-two dollars ($22.00) per inspection.
The City of Clarkson Valley may contract with a political subdivision to
conduct any or all of the inspections herein required and does adopt the fees of
said political subdivision applicable to any inspections conducted pursuant to
said contract and the City does authorize that payment of inspection fees be
made directly to said political subdivision for any inspections conducted by
said political subdivision pursuant to the herein mentioned contract."
Section
114.3.2, Moving of buildings is added to
read as follows:
"114.3.2
Moving of buildings: The fee
for a building permit for the removal of a building or structure from one lot to
another or to a new location on the same lot shall be at the rate of two cents
($0.02) per one hundred dollars ($100.00) of the estimated cost of moving plus
the cost of new foundations and all work necessary to place the building or
structure in its completed condition in the new location plus twenty dollars
($20.00) for issuance of the building permit."
Section
114.3.3 Demolition is added to read as
follows:
"114.3.3
Demolition: The fee for a
permit for the demolition of a building or structure shall be twenty dollars
($20.00) for issuance of the permit plus five dollars ($5.00) for each
inspection required by the Building Commissioner."
Section
114.4 Accounting, is amended by
substituting the words "City Treasurer" for the words "Code
Official" in line one (1) thereof.
Section
115.2.3, Minimum number of inspections is
added to read as follows:
"115.2.3
Minimum number of inspections: The
minimum number of inspections required and their designation shall be indicated
on the form designated "Record of Inspections" issued with the
building permit at the time said building permit is issued and the inspection
fees are paid as provided. The applicant shall be responsible for notifying the
Building Official when the building is ready for inspection at least twenty-four
(24) hours in advance of each inspection designated as required by the
"Record of Inspections". In addition to any other inspections as
herein provided, all new construction shall be inspected at the time of
completing the stages of construction set forth below and before proceeding with
the next stage of construction in the following sequential order:
(1)
Footing;
(2)
Foundation;
(3)
Plumbing rough-in;
(4)
Electrical rough-in;
(5)
Initial fire inspection, heating and air conditioning rough-in;
(6)
Building framing;
(7)
Plumbing final;
(8)
Sewer tap-on;
(9)
Electrical final;
(10)
Heating inspection;
(11)
Air conditioning inspection;
(12)
Final fire inspection;
(13)
Building final;
(14)
Occupancy permit."
Section
115.2.4 Inspections as work progresses,
is added to read as follows:
"115.2.4
Inspections as work progresses:
(1)
Work requiring a building permit shall not be commenced until the permit
holder or his/her agent shall have posted an inspection record card in a
conspicuous place on the front premises and in such position as to allow the
Building Commissioner conveniently to make the required entries thereon
regarding inspection of the work. This
card shall be maintained in such position by the permit holder until the
completion of the work and the issuance of an occupancy permit.
(2)
No work shall be done on any part of the building or structure beyond the
point indicated in each successive inspection without first obtaining the
written approval of the Building Commissioner.
Such written approval shall be given only after an inspection shall have
been made of each successive step in the construction as indicated by each of
the inspections required in Section 115.2.
There shall be a final inspection and approval on all buildings when
completed and ready for occupancy.
(3)
No reinforcing steel or structural framework of any part of any building
or structure shall be covered or concealed in any manner whatever without first
obtaining the approval of the Building Commissioner.
(4)
Other inspections: In addition to the inspections specifically specified on the
inspection record card referred to in paragraph (1) above, the Building
Commissioner may make any other inspections of any construction work to
ascertain compliance with the provisions of this code and other ordinances of
the City. These inspections may,
among others, include zoning and/or architectural requirements, soil, footing,
forms, foundations, backfill, masonry, floor and floor slabs, etc., all of which
may or may not be included in the inspections called for above."
Section
117.4 Violation, penalties, is amended by striking and deleting all the
words in said Section commencing with and following the words "guilty of
a" in the fifth (5th) line thereof and substituting the words,
"misdemeanor punishable as provided in Section 100.100 of the Municipal
Code of Clarkson Valley. Any such
person who, having been served with an order to remove any such violation, shall
fail to comply with said order within ten (10) days after such service or shall
continue to violate any provisions of the regulations made under authority of
this Chapter in the respect named in such order shall also be subject to
punishment as provided in such Section 100.100."
Section
118.2 Unlawful continuance, is amended by
striking and deleting all the words in said Section commencing with and
following the word "of" in the fourth (4th) line thereof and
substituting the words "as provided in Section 100.100 of the Municipal
Code of Clarkson Valley".
Section
119.7 Occupancy Permit, is added to read
as follows:
"119.7
Occupancy permit: All
references to a "certificate of use and occupancy" in this Code shall
be deemed to mean an "occupancy permit".
An occupancy permit shall be issued by the Building Official only upon
full and complete compliance with the provisions of this code, the Municipal
Code and ordinances of the City of Clarkson Valley."
Section
123 Board of Survey, is hereby abolished
and revoked in its entirety.
Section
124.0 Means of Appeal through 124.7
Court review, are hereby abolished and revoked in their entirety and
substituted therefor are two (2) new Sections which shall read as follows:
"Section
124.0 Board of adjustment"
"Section
124.1 Application for appeal: The
owner of a building or structure or any other person may appeal from a decision
of the Building Official refusing to grant a modification to the provisions of
this Building Code covering the manner of construction or materials to be used
in the erection, alteration or repair of a building or structure to the Board of
Adjustment. Application for appeal
may be made when it is claimed that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this Building Code do not fully apply, or an equally good or
better form of construction can be used. The
provisions of the zoning ordinance of the City of Clarkson Valley shall apply,
govern and regulate any appeal taken pertaining to this Building Code."
Article
5 General Building Limitations, is
amended by adding the following paragraphs:
"515.0
Fireplaces, Flues and Chimneys"
"515.1 Woodburning fireplaces,
flues and/or chimneys or any combination of them must be of all masonry
construction. Flues and/or chimneys
or any combination of them when not visible either from the exterior below the
roof surface or from the interior living areas and which are intended for non-woodburning
purposes (i.e. gas furnace, gas water heater, etc.) may be of stainless steel
Type B construction."
Section
622.0 Radio and Television Antennas,
through 622.3.2 Structural Provisions
are hereby abolished and revoked in their entirety and substituted therefor are
three (3) new Sections which shall read as follows:
"Section
622.0 Radio and television antennas."
"622.1
Permits not required: Antenna
structures which do not exceed four (4) feet in height or width or length may be
erected and maintained on any building or lot without a building permit.
Such an antenna structure shall not be erected so as to injure any roof
covering and when removed from a roof, the roof covering shall be repaired to
maintain weather and watertightness. Such
an antenna structure shall be erected within the building setback lines and
shall not be installed near electric power lines nor shall any such antenna
structure encroach upon any street or other public space."
"Section
622.2 Permits required: Antenna
structures which are greater than four (4) feet in height or width or length
shall not be erected or maintained on any building or lot without a building
permit issued by the Building Official. A
permit shall be granted to the lot owner by the Building Commissioner upon
payment of the permit fee and approval of the application as provided herein.
(1) Application for permit:
The owner or occupant with written
permission from the owner of any lot, premises or parcel within the City of
Clarkson Valley, Missouri, who desires to erect an antenna structure greater
than four (4) feet in height or width or length on such lot, premises or parcel,
must first submit a written application for a permit to the City along with a
plat of the lot, premises or parcel showing existing improvements and the exact
location and dimensions of the proposed antenna structure with existing and
proposed screening, all of which shall be drawn to scale; a description and
drawing of the kind of antenna structure proposed; and the methods of anchorage;
the written consent of all Clarkson Valley property owners whose property is
contiguous to the applicant's property shall be attached to the application
(contiguous as used herein shall mean actual contact with or touching the
applicant's property); together with such other information as is required by
other Sections of this BOCA Code. Each
application shall specify the name and address of the owner of the real estate
and the applicant.
(2)
Permit fee:
The applicant shall submit with each
application the fee currently in effect for permits.
The permit fee shall cover the costs of reviewing the construction plans
and specifications, inspections of the construction and processing the
application.
(3) Referral of application to Architectural Board:
Any applications received by the
City shall be referred to the Architectural Board for its action in accordance
with Chapter 500, Article IV, of the Municipal Code of the City of Clarkson
Valley, Architectural Compliance.
(4) Requirement of antenna structure:
(a)
No antenna structure shall be constructed unless it is set back from all
building lines, heretofore established, such distance as shall be established by
the Building Commissioner, taking into consideration the size of the lot and the
improvements, plans and design, terrain, surrounding properties, height, weight
and size of structure, the materials used in the structure, and safety and
similar factors; notwithstanding any other provision herein, the distance
between the base of the structure supporting the antenna and the property line
closest to said base shall be equal to or greater than the height of the antenna
as measured from its highest point to the ground level adjacent to said base of
the antenna structure.
(b)
All connections to roof structures must be properly flashed to maintain
watertightness.
(c)
The design and materials of the construction shall comply with the
requirements of Section 621.3 of BOCA National Building Code, Thirteenth
Edition, for character, quality and minimum dimensions.
(d)
No antenna structure shall be constructed without appropriate and
sufficient screening to reduce visibility of said antenna structure being viewed
from public or private properties in the area with due consideration for
minimizing interference with reception. If
said screening shall consist of landscaping, said planting shall be completed
before final approval by the Building Commissioner.
(e)
Any antenna structure and its attachment to a building or the ground
shall meet all of the applicable requirements of the Building Code.
(f)
Any wiring used in connection with an antenna structure shall be placed
at least four (4) inches beneath the surface of the ground within a rigid
conduit.
(g)
Observance of public utility requirements of distances between any
antenna structure and public utility property is mandatory.
(5) Construction standards:
(a)
All construction practices shall be in accordance with all applicable Sections
of the Occupational Safety and Health Act of 1970 and any amendments thereto as
well as all State Codes, where applicable.
(b)
All installation of electronic equipment shall be of a permanent nature, durable
and installed in accordance with the provisions of the Electrical Code, Section
500.030.
(c)
The Missouri Underground Facility Safety and Damage Prevention Act shall be
complied with in installing any antenna structure and complete drawings showing
the location of buried cables shall be provided to any utilities using the same
rights-of-way or easements if requested.
(d)
Any exposed units of an antenna structure shall be meticulously maintained with
respect to weathering and vandalism.
(6)
Permit to precede construction:
No installation or erection of an
antenna structure shall commence before a building permit is obtained from the
City of Clarkson Valley.
(7) Obedience to governments:
All Federal Laws, Missouri Statutes,
and City of Clarkson Valley ordinances shall be complied with by the grantee of
a permit pertaining to any antenna structure.
(8)
Permit grantee responsibility:
Each grantee of a permit under this
ordinance agrees on behalf of himself/herself as a lot owner and his/her
successor and assigns to accept the sole responsibility for the antenna
structure and to hold the City of Clarkson Valley harmless from any litigation
concerning any antenna structure for which the grantee has been granted a
permit. Grantee agrees on behalf of
himself/herself and his/her successors and assigns to indemnify the City for any
expenses incurred as a result of any litigation involving the City which may
arise concerning such antenna structure.
(9)
Violation, penalties:
Any person violating any of the
provisions of this ordinance shall be subject to punishment as provided in
Section 100.100 of the City's Municipal Code."
Section
421.10 Enclosures for private swimming pools are
hereby abolished and revoked in their entirety and substituted therefor is one
(1) new section which shall read as follows:
Section
421.10 Enclosures for private swimming pools:
Every person owning land on which there is situated a swimming pool which
contains twenty-four (24) inches or more of water in depth at any point and
greater than two hundred fifty (250) square feet in area shall erect and
maintain thereon an adequate enclosure either surrounding the property or pool
area, sufficient to make such body of water inaccessible to small children.
Such enclosure, including gates therein, must be not less than four (4)
feet above the underlying ground; all gates must be self-closing and
self-latching with latches placed four (4) feet above the underlying ground or
otherwise made inaccessible from the outside to small children.
A natural barrier, hedge, pool cover
or other protective device approved by the governing body may be used so long as
the degree of protection afforded by the substituted devices or structures is
not less than the protection afforded by the enclosure, gate and latch herein.
Section
2101.8 Siding coverage, is added to read
as follows:
"2101.8
Siding coverage: The siding
coverage of exterior walls must extend below the foundation top with the same
type of material (i.e. wood, brick, etc.) as used above the foundation top to
cover the exterior foundation wall to within not less than eight (8) inches of
finished grade level."
Section 2906.1 Filing, is amended by substituting the words and figures "one thousand dollars ($1,000.00)" for the word "(amount)" in line three (3) thereof; the words and figures "one hundred thousand dollars ($100,000.00)" for the word "(amount)" where it appears the first (1st) time in line five (5) thereof, and the words and figures "one hundred thousand dollars ($100,000.00)" for the word "(amount)" where it appears the second (2nd) time in line five (5) thereof. An additional sentence shall be added to Section 2906.1 which shall read: "The bond can either be cash or with a bonding company acceptable to the City of Clarkson Valley." (CC 1990 §5-137; Code 1977 §§21.020, 21.030, 21.040; Ord. No. 88-21 §1, 11-1-88; Ord. No. 90-15 §2, 12-4-90; Ord. No. 92-8 §2, 4-7-92; Ord. No. 93-07 §2, 4-6-93; Ord. No. 93-14 §§1─3, 9-7-93; Ord. No. 97-07 §§1─2, 3-4-97; Ord. No. 99-06 §1, 7-6-99; Ord. No. 99-09 §§1─3, 9-7-99)
The St. Louis County Electrical
Code, as amended, adopted by the County of St. Louis on March 6, 1997, three (3)
copies of which are on file in the office of the City Clerk, is hereby adopted
as the Electrical Code of the City and made a part hereof as if fully set out in
this Section. (CC 1990 §5-156; Ord.
No. 88-28 §2, 12-6-88; Ord. No. 95-01 §1, 2-7-95; Ord. No. 97-14 §1, 12-2-97)
The St. Louis County Explosives
Code, as amended, adopted by the County of St. Louis on June 6, 1994, three (3)
copies of which are on file in the office of the City Clerk, is hereby adopted
as the Explosives Code of the City and made a part hereof as if fully set out in
this Section. (CC 1990 §5-176; Ord.
No. 87-9 §2, 8-4-87; Ord. No. 95-01 §1, 2-7-95; Ord. No. 97-14 §1, 12-2-97)
The St. Louis County Mechanical
Code, as amended, adopted by the County of St. Louis on March 21, 1994, three
(3) copies of which are on file in the office of the City Clerk, is hereby
adopted as the Mechanical Code of the City and made a part hereof as if fully
set out in this Section. (CC 1990
§5-196; Ord. No. 88-30 §2, 12-6-88; Ord. No. 95-01 §1, 2-7-95; Ord. No. 97-14
§1, 12-2-97)
The St. Louis County Plumbing Code, as amended, adopted by the County of St. Louis on January 25, 1996, three (3) copies of which are on file in the office of the City Clerk, is hereby adopted as the Plumbing Code of the City and made a part hereof as if fully set out in this Section. (CC 1990 §5-221; Ord. No. 88-29 §2, 12-6-88; Ord. No. 95-01 §1, 2-7-95; Ord. No. 97-14 §1, 12-2-97)
The St. Louis County Elevator Code,
as amended, adopted by the County of St. Louis on March 17, 1994, three (3)
copies of which are on file in the office of the City Clerk, is hereby adopted
as the Elevator Code of the City and made a part hereof as if fully set out in
this Section. (CC 1990 §5-226; Ord.
No. 95-01 §1, 2-7-95)
The St. Louis County Amusements
Code, as amended, adopted by the County of St. Louis on March 17, 1992, three
(3) copies of which are on file in the office of the City Clerk, is hereby
adopted as the Amusements Code of the City and made a part hereof as if fully
set out in this Section. (CC 1990
§5-231; Ord. No. 95-01 §1, 2-7-95)
Any person violating any of the
provisions of this Chapter or any of the Codes adopted in this Chapter shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an
amount not exceeding five hundred dollars ($500.00) or be imprisoned in the City
or County Jail for a period of not exceeding ninety (90) days, or both such fine
and imprisonment. Each day such
violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
Cross References─City
officers and employees, ch. 120.
A.
Office Created─Appointment─Term.
The office of Building Commissioner is hereby created, and the Building
Commissioner shall be appointed by the Mayor with the approval of the Board of
Aldermen and shall serve at the pleasure of the Mayor.
B.
Powers And Duties.
The Building Commissioner shall be the chief inspection and enforcement
officer of all ordinances regulating construction, structures, excavations,
grading, land, zoning, subdivisions and such other duties as shall be assigned
from time to time by the Board of Aldermen. He/she shall have the exclusive
authority to issue permits for building and construction and to approve fees,
deposits and bonds for repair except as otherwise provided in this Section. The
Building Commissioner shall perform all of the duties and functions of the
office of Street Commissioner.
C.
Deputy, Assistants.
A Deputy Building Commissioner and other assistants to the Building
Commissioner may be appointed by the Mayor with the approval of the Board of
Aldermen to assist the Building Commissioner in the performance of his/her
duties. The Deputy Building Commissioner shall in the absence of the Building
Commissioner have all the authority and power of the Building Commissioner.
D.
Compensation.
The Building Commissioner, the Deputy Building Commissioner and the
assistants to the Building Commissioner shall receive such compensation as shall
be set by ordinance. (CC 1990 §§5-36─5-39; Code 1977 §4.060)
A.
Office Created─Appointment. There is
hereby created the office of City Electrical Inspector who shall be appointed by
the Mayor with the approval of the Board of Aldermen.
B.
Powers And Duties.
The Electrical Inspector shall be the chief enforcement officer of the
Electrical Code of the City and shall have exclusive responsibility for
approving applications and issuing electrical work permits for installations,
repairs, alterations and/or corrections of electrical apparatus as described in
the City Electrical Code. The Inspector is authorized and empowered to enforce
or cause the enforcement of the City Building and Fire Codes as well as the
Electrical Code; to stop any construction and/or alteration whenever there shall
be a violation of an ordinance and/or uncorrected violations; to appoint
deputies to assist him/her in his/her duties; and to call upon any public safety
officer to enforce, or to assist in the enforcement of the ordinances of the
City.
C.
Authority Of City To Contract For
Performance Of Duties. The Board of Aldermen may adopt an ordinance to contract for
the performance of all of the duties of the Electrical Inspector by another
political subdivision.
D.
Compensation.
The Electrical Inspector and his/her deputies shall receive such
compensation as shall be set out by ordinance.
(CC 1990 §§5-56─5-59; Code 1977 §4.100)
A.
Office Created─Appointment. There is
created hereby the office of City Plumbing Inspector who shall be appointed by
the Mayor with the approval of the Board of Aldermen.
B.
Powers And Duties.
The City Plumbing Inspector shall be the chief enforcement officer of the
City's Plumbing Code and shall have the exclusive responsibility for approving
applications and issuing plumbing work permits for installations, repairs,
alterations and/or corrections of plumbing apparatus as described in the City's
Plumbing Code. The Inspector is authorized and empowered to enforce and/or cause
the enforcement of the City's Building Code and Sanitation Code as well as the
Plumbing Code, to appoint deputies to assist him/her in his/her duties, to stop
construction for ordinance violation, to revoke a permit, and to call upon a
public safety officer to enforce or to assist in the enforcement of the
ordinances of the City.
C.
Authority Of City To Contract For
Performance Of Duties. The Board of Aldermen may adopt an ordinance to contract for
the performance of all of the duties of the Plumbing Inspector by contract by
another political subdivision.
D.
Compensation.
The City Plumbing Inspector and his/her deputies shall receive such
compensation as shall be set by ordinance.
(CC 1990 §§5-76─5-79; Code 1977 §4.110)
All buildings and structures erected
in the City shall conform to certain minimum architectural standards of
appearance and conformity with surrounding existing structures in order to
maintain and encourage stability of values of surrounding property and
structures and to promote and protect the general welfare and happiness of the
City and its inhabitants. (CC 1990
§5-96; Code 1977 §20.010)
The Architectural Board which is
established pursuant to this Article shall hold meetings at the call of the
Chairman of the Architectural Board and at such other times as the Board may
determine. Two (2) members of the Architectural Board shall constitute a quorum
and, in the absence of the Chairman, the member next in seniority shall be the
Acting Chairman. Meetings of the
Architectural Board may be called by the Mayor. No official action of the
Architectural Board shall be taken except at a meeting open to the public. The
Board shall keep minutes of its proceedings showing the vote of each member upon
each question or, if absent or if failing to vote, indicating such fact. A majority
of the Architectural Board members may adopt rules and regulations to govern the
procedure before the Board. (CC 1990 §5-97; Code 1977 §20.020)
Every application for a building
permit, except for alterations and repairs not affecting the outward appearance
of a building, shall be filed with the City Clerk along with the plans,
elevations, detail drawings and specifications of the improvements and a plat of
the lot containing lot and building lines, easements, proposed improvements,
existing and finished grades and a topography plot of the building lot. The City
Clerk shall affix the date of receipt and within five (5) days submit such
application and accompanying documents to the Architectural Board before the
Building Commissioner may approve and issue a building permit. The application
for a building permit and accompanying documents shall be submitted to the
Architectural Board within five (5) days of the filing of such application and
documents with the City pursuant to Article I of this Chapter. (CC 1990 §5-98;
Code 1977 §20.030)
A.
Within three (3) days after an application shall have been submitted to
the Architectural Board, the Chairman shall examine same and shall determine
whether the proposed structure will conform to proper architectural standards in
appearance and design and will be in general conformity with the style and
design of surrounding structures and conducive to the proper architectural
development of the City. If, in his/her opinion, the proposed structure will so
conform, he/she shall approve the application and return same to the Building
Commissioner forthwith.
B.
If, in the opinion of the Chairman of the Architectural Board, the
proposed structure will not so conform, or if the Chairman has a doubt
concerning the subject, he/she shall call a meeting of the Architectural Board,
and notice of the time and place of the meeting shall be given to the applicant.
At the meeting the Architectural
Board shall examine the application and accompanying documents required by
Section 500.140, hear the applicant in reference thereto, and any other evidence
that may be pertinent.
C.
After the hearing at such meeting, or at any meeting of the Architectural
Board within fifteen (15) days subsequent to the hearing, the Architectural
Board shall proceed in the following manner:
1.
If, in the opinion of the Architectural Board, the proposed structure
will conform to proper architectural standards of appearance and design and will
be in general conformity with the style and design of surrounding structures
and conducive to the proper architectural development of the City, it shall
approve the proposed structure.
2.
If, in the opinion of the Architectural Board, the proposed structure
will constitute an unsightly, grotesque or unsuitable structure in appearance,
detrimental to the welfare of surrounding property or residents, it shall
disapprove the proposed structure, but the board may make recommendations in
regard to such application if it sees fit.
3.
If the Architectural Board cannot decide that the proposed structure will
come within either classification provided in paragraphs (1) or (2) of this
Section, it shall return the application, together with the accompanying
documents required by Section 500.140, to the Building Commissioner without
either the approval or disapproval of the Board, but it may make such
suggestions and recommendations in regard thereto as it may see fit.
D.
If the Architectural Board returns the application to the Building
Commissioner with approval, the Building Commissioner shall issue the permit.
E.
If the Architectural Board returns the application to the Building
Commissioner without approval or disapproval, the Building Commissioner may
issue the permit. Failure by the Board to act within thirty (30) days after the
City Clerk shall have delivered such application and accompanying documents to
the Board shall constitute action under Subsection (C)(3).
F.
If the Architectural Board shall return the application to the Building
Commissioner with disapproval and recommendations, the Building Commissioner may
issue the permit, provided that the applicant shall make appropriate changes in
the documents submitted with the application and shall agree to comply with the
recommendations of the Board.
G.
If the Architectural Board shall return the application to the Building
Commissioner either with its disapproval and without recommendations, or with
its disapproval with recommendations and the applicant shall refuse to comply
with the recommendations, in either event the Building Commissioner shall refuse
to issue a building permit.
H.
The City Clerk shall give written notice to the applicant of the
disposition of his/her application under this Section within five (5) days after
disposition by the Architectural Board as provided in this Section. Notice shall
be sent by registered or certified mail to applicant at the address appearing on
the application. (CC 1990 §5-99;
Code 1977 §20.040)
A.
In the event an applicant shall be aggrieved by any decision of the
Architectural Board under the provisions of this Article, the applicant may
appeal to the Board of Aldermen to review at a public hearing any decision under
this Article of the Architectural Board and/or Building Commissioner
B.
Upon an applicant complying with the requirements of Subsection (A) of
this Section, the City Clerk shall publish once a week for two (2) consecutive
weeks, in a newspaper of general circulation in the City, notice of the hearing,
which shall include a statement concerning the action of the Architectural Board
on the matter. The hearing shall be held at a regular or special meeting of the
Board of Aldermen not more than ninety (90) nor less than thirty (30) days after
the date of the taking of the appeal or depositing the sum of one hundred
dollars ($100.00), whichever date shall be last to occur.
C.
The Aldermen at the public hearing shall hear such interested parties as
may desire to be heard and after the hearing shall approve or disapprove the
application, or shall approve same subject to recommendations or conditions. If
the Aldermen approve the application, or approve same subject to conditions,
then the Board of Aldermen shall forthwith notify the Building Commissioner of
such approval or approval with conditions. If the application and accompanying
documents otherwise comply with this Code or City ordinances, including the
Building Code, the Building Commissioner shall issue a building permit
immediately if the application was approved by the Board of Aldermen, but if the
application was approved subject to recommendations or conditions and the
applicant complies with such recommendations or conditions, the Building
Commissioner shall issue the building permit immediately following such
compliance. If the Board of Aldermen disapproves the application, the Building
Commissioner shall not issue a building permit.
D.
In the event an applicant aggrieved by any decision of the Architectural
Board shall not have complied with all the requirements imposed on such
applicant under Subsection (A) of this Section within one hundred eighty (180)
days after the date the applicant filed his/her appeal with the City Clerk, the
appeal shall be deemed for purposes of this Article to have been abandoned.
(CC 1990 §5-100; Code 1977 §20.050 )
The provisions contained in this
Article are independent of the provisions in Article I of this Chapter, and no
provision herein shall in any way be construed or interpreted to be a substitute
for or a replacement of any provision in such Article I.
(CC 1990 §5-101; Code 1977 §20.060)
A.
Creation─Appointment─Composition.
There shall be an Architectural Board appointed by the Mayor with the
approval of the Board of Aldermen. This
Board shall consist of two (2) members,
B.
Powers And Duties.
The Architectural Board shall inspect and study all plans and
specifications for structures accompanying the applications for building
permits, and it shall determine whether the proposed structure will conform in
styling and architecture with other existing buildings in the area in which it
is proposed to be located. The
duties and functions of the Board are contained in Article IV of this Chapter.
C.
In any circumstance where the two (2) members of the Architectural Board
are unable to agree, said matter shall be referred to the Board of Aldermen for
ultimate decision. (CC 1990 §5-116;
Code 1977 §5.060(1-2); Ord. No. 00-02 §§1─3, 2-1-00)
A.
The fence regulations set forth in this Section supplement the district
regulations for each district in the zoning regulation.
B.
Swimming Pool Safety Devices.
Every person owning land on which there is situated a swimming pool
which contains twenty-four (24) inches or more of water in depth at any point
and greater than two hundred fifty (250) square feet in area shall erect and
maintain thereon an adequate enclosure either surrounding the property or pool
area sufficient to make such body of water inaccessible to small children.
Such enclosure, including gates therein, must be not less than four (4)
feet above the underlying ground; all gates must be self-closing and
self-latching with latches placed four (4) feet above the underlying ground or
otherwise made inaccessible from the outside to small children.
C.
Definitions.
A "fence" is a
structure, partition or wall erected for the purpose of enclosing or separating
land or for the purpose of providing shade or privacy screening.
A fence shall not include wires strung underground for the purpose of
keeping animals and/or people either inside an enclosure or outside an
enclosure. Shrubs, hedges, trees and other plant material shall not be
considered a fence.
D.
Permit Required.
No person shall erect or maintain within the City any fence without
first having complied with the provisions of Article IV of this Chapter and
having obtained a building permit. A
person seeking architectural approval and a building permit shall comply with
the regulations appearing elsewhere in the Building Code with regard to
submitting plans and drawings for constructing and/or erecting a structure.
There shall be a permit fee of twenty-five dollars ($25.00) paid to the
City when submitting plans, drawings and application for a fence building permit
and a fee of twenty-five dollars ($25.00) paid to the City each time the City
requires an inspection be made by the Building Commissioner.
Normally there will be one (1) inspection at the completion of the fence
unless the City determines that more inspections are required because of the
type of construction. No permit shall be required for a prior-approved fence when
being replaced or repaired with like or similar materials.
E.
Prohibited Fences.
Certain fences shall not be allowed including fences made of chicken
wire, barbed wire, chain link or similar materials.
Electric fences above ground shall not be permitted
unless used on larger lots
consisting of not less than two (2) acres which have been authorized for the
maintaining of livestock. Fences
which exceed the height of six (6) feet shall not be permitted.
(CC 1990 §5-138; Ord. No. 99-06 §2, 7-6-99)
A.
No person shall store or keep liquefied petroleum gases within the City
except under the provisions of this Section.
B.
A resident may maintain a one thousand (1,000) gallon tank under the Code
fire safety regulations for the purpose of storing fuel to be used in his/her
domestic situation.
C.
A contractor may apply for and receive a special permit from the Director
of Public Safety for a period not to exceed thirty (30) days to store prohibited
materials on a building site; the Director of Public Safety, with the protection
of the public in view, may extend such permit. The Director of Public Safety
shall issue such permit only when he/she is satisfied that all precautions
he/she deemed necessary shall have been taken.
D.
No prohibited material shall be divided, pumped, distributed or
transferred within the City except under permit from the Director of Public
Safety, and any sale thereof is prohibited.
E.
The regulations under this Section do not apply to gasoline, kerosene and
like fuels which are regulated under other portions of this Code.
(CC 1990 §5-1; Code 1977 §14.110)
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