Building Permits and Inspections
A. Authority. No building or structure shall be constructed, erected, altered or remodeled nor shall any such work be commenced upon any lands zoned under these regulations unless the owner, contractor or the duly authorized agent of either shall have first applied for and received from the Building Inspector a building permit therefor as herein provided. A building permit shall not be required for construction not exceeding eighteen (18) inches in height which is located in the side or rear yard.
B. Conformance With Zoning Regulations. No building permit shall be issued for any building or structure unless the same be in conformity in every respect with all the provisions of these regulations unless otherwise set out. No permit for non-residential or multi-family structure shall be issued unless a site plan has been submitted. If an application for rezoning is not required, such site plan will be submitted using the standards contained in Article XX. For a lot not subject to an approved site plan, no permit for a single-family structure or a two-family structure shall be issued unless a plot plan has been submitted.
C. Filing Procedure. Applications for building permits shall be filed with the Zoning Administrator upon forms prescribed setting forth the legal description of the lot, tract or parcel of land, together with a general description of the building or structure to be constructed, erected or altered thereon, including the size and shape, square foot area, principal material of construction, location of the building or structure upon the lot, tract or parcel and the intended use. A complete application for a building permit includes approval of all requirements of these regulations, including a plot plan and a site plan. The application shall also contain a description of the use of land surrounding the applicant's property including the location of buildings within two hundred fifty (250) feet of the boundary of the applicant's property. In addition, the applicant shall pay any fees required by the Board of Aldermen.
D. An application for single-family and duplex building permits shall include a plot plan of the site to be built upon. The plot plan shall be sealed by a land surveyor licensed in the State of Missouri. The following information must be shown on the plot plan and will be reviewed prior to the issuance of a building permit:
1. Complete legal description and lot dimensions of the site.
2. Scale of the drawing (not to exceed one (1) inch equals thirty (30) feet).
3. Location and complete dimensions of the proposed building foundation, including dimensions to all property lines (dimensions shall be perpendicular to the property line). All front, side and rear yards, setbacks and building lines must be shown.
4. If any portion of the site is located within the FEMA 100-year floodplain, the elevation of the low opening must be shown.
5. The locations of easements, both public and private.
6. Additional information as may be required to properly review the proposed plot plan.
E. Site Plans.
1. For all uses except single-family structures and two-family dwellings, a site plan prepared by a licensed architect, engineer, landscape architect or certified land planner must be submitted with any application for a building permit unless the application qualifies under Subsections (F) or (G) below. Any major change requires rereview as defined here in Subsection (E). Examples of applications that would go through process in Subsection (E) include:
a. Any new building on any bare piece of ground;
b. Any addition to the building or major facade change to any building that does not have an approved site plan of record;
c. For those sites with a site plan of record, any addition or accessory building over five thousand (5,000) square feet or over fifty percent (50%) of the existing square footage of the buildings on site plan approved by Planning and Zoning Commission;
d. Any use conversion (e.g. converting a legal non-conforming single-family home to a commercial use);
e. New hard surfacing over one-half (½) acre or cumulative additions that exceed one-half (½) acre;
f. New drive through/motor vehicle oriented business (MVOB);
g. Any major facade change.
2. The scale of the site plan is optional but shall not be smaller than two hundred (200) feet to one (1) inch. The application must include ten (10) copies of a conceptual plan which includes:
a. A composite site development plan showing the major details of the proposed development consisting of the following: conceptual drainage plans; approximate location of buildings with elevation diagrams, structures, off-street parking areas and off-street loading areas; means of ingress and egress; conceptual landscaping or screening proposals; locations and the conceptual design of signs; location and screening dumpsters; open space areas; and pedestrian areas.
b. In order to insure the highest possible quality, design, appearance and function of commercial structures and development, the following considerations shall be observed:
(1) The design, appearance and character or theme of a building or structure is extremely important to the overall image of the community. How the site plan and architecture relates to adjacent sites and structures shall be considered as part of the review process. Buildings proposed to be developed or redeveloped in the "Original Town" or other established areas of the community will be expected to incorporate building materials and architectural designs consistent with the surrounding area.
(2) Architectural styles and buildings must compliment the area's historic development patterns and preserve its distinct character. Building quality should meet or exceed that of the surrounding area to upgrade building conditions and appearances, to improve economic viability and to reduce blight. Within any area that is designated now or in the future as a historic district or as a historical landmark, such area shall adhere to the Secretary of Interior Standards for Rehabilitation.
c. The proposed name of the development and the names of abutting developments and landowners.
d. The names and addresses of the owner and/or registered engineer, architect, surveyor or landscape architect responsible for the engineering, survey and design and preparation of the site plan.
e. The location of boundary lines and their relation to established section lines or fractional section lines, township and range lines.
f. The approximate location and width of existing and proposed streets, roads, lots (approximate dimensions), building lines, utility easements, drainage easements, parks and other open spaces, other similar features and proposed improvement of perimeter streets.
g. The Planning Commission, in its discretion, may require a survey showing the physical features of the property, including contours at vertical intervals of not more than five (5) feet where the slope is greater than ten percent (10%) and not more than two (2) feet where the slope is less than ten percent (10%) (ten (10) foot intervals for non-residential uses). Elevations shall be marked on such contours based on the existing datum plane established by the U.S. Coast and Geodetic Survey. Bench mark elevations used shall be described on the plan.
h. All parcels of land proposed to be dedicated to public use and the conditions of such dedication, if any.
i. Date, north point and scale.
j. Designation of proposed specific uses of land within the development, whether for residential, commercial, industrial or public use, such as parks, churches, etc., including the density of proposed residential use and the exact nature of proposed commercial, industrial and other use.
k. An attached statement from the developer's engineer that the proposed development is to be served by sanitary sewer facilities.
l. An attached statement from the developer's engineer that the proposed development is to be served by an adequate water supply and an adequate water distribution system.
m. This plan shall be approved by the Planning Commission and the Board of Aldermen. Prior to issuing a building permit for each phase or all of the development, the Building Inspector shall review the approved site plan. If the property is not to be developed as indicated by the plan or any approved amendments thereto, the Building Inspector shall refuse to issue any building permits. The applicant, in case of denial of a building permit, may appeal the Zoning Administrator's action to the Board of Adjustment as provided by these regulations.
n. A proposed use or building that meets the definition of a motor vehicle oriented business (MVOB) shall be subject to the following screening criteria to determine if it should be permitted in the location proposed by the applicant:
(1) Location requirements. The proposed use/building shall not be permitted unless the following location requirements are met or exceeded as set forth below:
(a) Determine if the use/building is located in high-hazard street segments. High-hazard segments shall be determined as follows:
(i) Accident. Locations of high-hazard segments of the City's street system shall be determined using the following formula:
Accident Rate = (Number of Accidents) X (1,000,000)
(Average Daily Traffic) X (Section Length) X (365 Days/Year)
Accident Rate will be in Units of: Number of accidents occurring in a year per one million (1,000,000) miles traveled.
(ii) Analyzed roadway segments shall be compared to the latest published accident data by the Missouri Highway Transportation Department (MHTD). In the event the analyzed road segment exceeds State average rates, the proposed use/building shall be denied. Said presumption may be rebutted by applicant through substantial and competent evidence adduced on the record as a whole before the Board of Aldermen.
(b) The driveway must be at least one hundred (100) feet from any other MVOB driveway located on the same side.
(2) Access requirements. The proposed use/building shall not be permitted unless the access requirements for driveways is met or exceeded as set forth below:
(a) Must be one hundred sixty (160) feet from another driveway on same side.
(b) Must be two hundred (200) feet from another driveway on opposite side if left turn movements could potentially conflict.
(c) Must be one hundred sixty (160) feet from nearest public street.
(d) Must not have access to adjoining arterial if access available through shopping center or service road.
(e) Must have two hundred seventy-five (275) feet of sight distance either direction.
(f) Two-way access must have minimum thirty (30) feet throat width. One-way access must have minimum fifteen (15) feet throat width. Must have minimum radii of fifteen (15) feet.
If an island is used in a two-way driveway, clearance width of two (2) feet should be added on both sides of island.
(3) Congestion impact requirements. The proposed use/building shall not be permitted unless the congestion impact is determined to be acceptable applying the following criteria:
(i) Trip generation rate as shown in Institute of Transportation Engineer Trip Generation Handbook 5th Edition for:
i) Midday P.M. peak;
ii) P.M. peak; and
iii) Saturday midday peak
based on generated trips per unit of measure.
(ii) Number of access drives (combination of one (1) entrance and exit).
(iii) Existing volumes on adjacent arterial.
(b) Determine vehicles per hour per access drive for all three (3) peak hour categories based on the following equation:
trips/hour X number of units of measure
(c) Determine if vph/access drive for all three (3) peak hour categories falls within acceptable limits based on existing volumes on adjacent arterial.
(d) Peak period traffic volumes shall be updated by scientifically conducted traffic counts on not less than an annual basis.
o. If the site plan is for a structure containing separate, individual, private storage spaces of varying sizes leased or rented on individual leases for varying periods of time or any similar storage facility (commonly referred to as a self-service storage facility or mini-warehouse), then the site plan must meet the following criteria:
(1) Size requirements. The maximum height shall not exceed thirty (30) feet and the minimum setback from all lot lines shall be thirty (30) feet.
(2) Exterior screening. The exterior view of the premises shall be controlled as follows:
(a) General commercial district.
(i) If the exterior surface of the structure is stucco, brick or rock, the required fence or wall may be transparent with minimal landscaping to provide screening as set out in Section 405.045(E) of this Chapter.
(ii) If the exterior surface of the structure is other than stucco, brick or rock, the required fence or wall in combination with landscaping shall provide for a ninety percent (90%) opaque screening from all directions.
(b) Industrial district. Minimal landscaping in order to provide screening as set out in Section 405.045(E) of this Chapter is required.
(i) If the property is adjacent to any residential zoning district ("R-A", "R-1", "R-2", "R-3", "R1P", "R2P", "R3P") or non-retail district ("C-O", "C-OP"), the adjacent property line with its required fence and landscaping shall provide for a ninety percent (90%) opaque screening from that direction.
(3) General requirements. The proposed use shall not be permitted unless the following general requirements are met or exceeded as set forth below:
(a) Master lighting plan outlining in detail all lighting elements;
(b) Master landscape plan outlining in detail all landscaping and materials;
(c) No structure, fence or wall shall be located within the required setback;
(d) All buildings or areas used for storage or necessary driveways shall be enclosed with a minimum six (6) foot fence or wall;
(e) No commercial, wholesale or retail sales or miscellaneous or garage sales shall be conducted;
(f) No auctions with the exception of abandoned property limited to the abandoned storage unit items only;
(g) No servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment shall be allowed;
(h) No manufacturing or assembly of any kind shall be allowed;
(i) No business establishment of a transfer and storage business type of any kind shall be allowed;
(j) No noxious or offensive use because of odors, dust, noise, fumes or vibration of any kind shall be allowed;
(k) No power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment of any kind shall be operated;
(l) All driveways, parking, loading and vehicle circulation areas shall be paved with concrete, asphalt or asphaltic concrete;
(m) All lights shall be shielded to direct light onto the uses established and away from adjacent property, but it may be of significant intensity to discourage vandalism and theft;
(n) The property shall be maintained by owner or operator for removal of trash and debris;
(o) No outside self-service storage shall be allowed unless the property is entirely zoned industrial;
(p) If a residential structure is allowed to be maintained, it shall be deemed an accessory use only and shall be newly constructed or remodeled to be compatible with the exterior of the storage units and be entirely contained within the fenced or walled area, and the residential structure shall be used for an on-site manager and not as rental property.
F. Minor Site Plan Process. The following applications do not require approval pursuant to Subsection (E) and only require approval by the Planning Commission.
1. Any fence in a commercial zone.
2. Any pole sign (new or replacement) in excess of twenty (20) feet tall.
3. New wall signs where none existed prior.
4. New pole sign where none existed prior.
5. New monument signs where none existed prior.
6. New hard surfacing under one-half (½) acre (those over one-half (½) acre go through process in Subsection (E)).
7. Exterior refinishes and repainting in the "original town".
G. Staff Level Review Process. The following applications do not require approval pursuant to Subsections (E) or (F) and may be approved by the Community Development Director or his/her designee.
1. Tenant exterior refinishes in established shopping centers, provided that it is in keeping with any approved site plan of record for the shopping center.
2. On sites with a site plan of record, additions and accessory buildings under five thousand (5,000) square feet and less than fifty percent (50%) of the existing square footage of buildings on site plan approved by Planning and Zoning Commission.
3. Conversion from one commercial use to another provided no drastic facade changes are made.
4. Hard surfacing of existing gravel parking provided no new ingress/egress site is under one-half (½) acre and no known drainage problems exist.
H. Staff Administrative Evaluations. Upon delivery of the completed application and the required payments, the Building Inspector shall evaluate the application. After such evaluation, a building permit may be issued, provided all requirements of these regulations are met.
I. Vested Rights. No building permit lawfully issued prior to the effective date of these regulations, or of any change or amendment hereto, and which permit, by its own terms and provisions, is in full force and effect at said date shall be invalidated by the passage of these regulations or any such change or amendment but shall remain a valid and subsisting permit, subject only to its own terms and provisions and in effect at the time of the issuance of said permit; provided that all such permits shall expire not later than sixty (60) days from the effective date of these regulations, unless actual construction shall have theretofore begun and continued pursuant to the terms of said permit.
J. Number Of Building Permits. There shall be a separate building permit for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the building permit for the principal building when construction is simultaneous.
K. Building Inspector's Authority. The Building Inspector shall be empowered to act within the provisions of these regulations upon all applications for building permits and the same shall be approved or denied not later than the fifth (5th) business day succeeding the day the complete application is received.
L. Appeals. In the event of refusal to issue a building permit upon application as herein provided, the applicant shall have the right to a hearing by the Board of Adjustment as provided by the law. Provided however, that appeals shall only be permitted after payment of filing fees in accordance with ordinances governing the same.
M. Filing Fees. Fees for building permits shall be set by ordinance of the Board of Aldermen.
N. Enforcement. In addition to any other method of enforcement of these regulations, the following enforcement procedures may be invoked:
1. A permit may be revoked and/or a "stop construction" order posted on the building or structure by the Building Inspector at any time prior to the completion of a building or structure for which the same was issued, when it shall appear to the Building Inspector that the same was procured by false representation or that any of the provisions of these regulations are being violated. Provided however, twenty-four (24) hours' written notice of such revocation shall be served upon the owner, his/her agent or contractor or upon any person employed upon the building or structure for which such permit was issued and thereafter no such construction shall proceed.
2. Upon the failure, refusal or neglect of any owner, his/her agent, contractor or duly authorized representative to secure such permit as required by these regulations and pay the prescribed fee therefor as herein provided, the Building Inspector shall post a "stop construction" order on any and all buildings or structures involved. Further, no construction shall proceed until and unless said owner, his/her agent, contractor or fully authorized representative secures such permit as required by these regulations and pays the prescribed fee therefor.
O. Building Permit Validity. A permit shall expire one (1) year after issuance but may be renewed upon application and for good cause shown for one (1) additional year by the Building Inspector. (Ord. No. 724-97 §20-1, 2-18-97; Ord. No. 819-00 §1, 6-19-00; Ord. No. 866-01 §1, 7-2-01; Ord. No. 987-2004, 4-5-04; Ord. No. 1041-2006 §1, 5-1-06)
SECTION 405.440: CERTIFICATES OF OCCUPANCY
A. No vacant land shall be occupied or used except for agricultural uses and no building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Building Inspector. Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No permit for excavation for any building shall be issued before application has been made for certification of occupancy.
B. Certificate Of Occupancy For A Building. Certificate of occupancy for a new building or the alteration of an existing building shall be applied for in writing coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Section and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
C. Certificate Of Occupancy For Land. Certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provisions of these regulations.
D. Certificate Of Occupancy For A Non-Conformed Use. A certificate of occupancy shall be required for all non-conforming uses. Application for certificate of occupancy for non-conforming uses shall be filed within twelve (12) months from the effective date of this Section, accompanied by affidavits of proof that such non-conforming use was not established in violation of this Section. (Ord. No. 724-97 §20-2, 2-18-97)