City of Weatherby Lake, MO Building Codes and Regulations

Shall mean, with regard to the Energy Conservation Code, the 2009 printed version of the International Residential Code copyright by the International Code Council Inc., and with regard to all other portions shall mean the 2015 printed version of the International Residential Code copyright by the International Code Council Inc., in 2015 and any reference to the printed document shall mean the International Residential Code of 2015. The International Residential Code can also be referred to as the Residential Code.

Code Enactment. The City hereby enacts the International Residential Code, 2015, the same being made a part of this Section as though fully set out herein, notwithstanding the above, the City retains the terms of the 2009 Energy Conservation Code.

Inconsistencies Between This Code And Existing City Ordinances.

In the event of an inconsistency between the International Residential Code and the City of Weatherby Lake's City Code, then the Weatherby Lake City Code shall govern over the International Residential Code, 2015.

In the event of an inconsistency between the City of Weatherby Lake's Code and the International Residential Code, 2015, then to the extent necessary that portion of the International Residential Code is deemed repealed.

Relationship to Other Codes. In the event that there is a matter not addressed by the Weatherby Lake City Code, and any further event that there is an inconsistency between the International Residential Code and any other codes in existence, or which the City may subsequently adopt such as the National Electric Code, etc., then the order of dealing with such inconsistencies shall be as follows:

Weatherby Lake City Code.

International Residential Code.

National Electrical Code or any other nationally recognized codes the City has or may adopt.

Specifically Repealed Sections. Some Sections of this International Residential Code are specifically not enacted and the City's failure to specifically not enact a Section that is inconsistent with the Weatherby Lake City Code shall not be considered as a waiver of Subsections (B) or (C) of this Section.

Specifically Not Enacted Sections Of The 2015 International Residential Code. The following Sections of the International Residential Code are specifically not enacted:

Appendix E (Manufactured Housing).

Appendix I (Private Sewage Disposal).

Appendix J (Existing Buildings and Structures).

Appendix K (Sound Transmission).

Appendix L (Permit Fees).

Appendix O (Gray Water Systems).

Any reference to International Property Maintenance Code, unless the City has adopted such a code.

Any reference to International Fire Code, unless the City has adopted such a code.

Any reference to International Energy Conservation Code, unless the City has adopted such a code.

10.

Any reference to International Private Sewage Disposal Code, unless such provisions deal with prohibiting private sewage disposal systems.

11.

Section R.101.1 relating to Live Work Units.

12.

Section R102.4 repealing the City's existing code.

13.

Section R102.7 relating to existing structures.

14.

Section R322 relating to flooding.

15.

Section R202 only to the extent that it defines septic tanks.

16.

Section R306.3 reference to permitting septic tanks/sewage disposal systems private sewage disposal systems.

17.

M2201 through M2204 relating to oil tanks.

18.

R105.2 pertaining to work exempt from permit.

19.

R105.3.2 relating to time limits of application.

20.

R105.5 dealing with expiration of permits.

21.

R106.1 with regard to submittal documents.

22.

R309.2 relating to permitting carports.

23.

R313.2 relating to automatic fire sprinkler systems.

24.

Chapter 11 - The 2015 Energy Conservation. Note: the energy conservation code contained in the International Residential Code of 2009 is retained.

Amendments to Residential Code. The following Sections of the Residential Code are enacted only as amended:

The following Residential Code is enacted: (R103 and R104) The term "Building Official" as used in the Building Code shall mean and refer to the Weatherby Lake Zoning Enforcement Officer. Also, in accordance with the procedures as established by the Board of Alderpersons and with its approval the Weatherby Lake Zoning Enforcement Officer may appoint such number of technical officers and inspectors and other employees as may from time to time be necessary to carry out his/her functions under this code.

The following Residential Code is enacted:

Building Official. The International Residential Code Section R103, Department of Public Safety is deleted in its entirety from the printed document and instead the following language is enacted:

"Section R103. Building Official. The Zoning Enforcement Officer is the executive official charged with carrying out the provisions of this ordinance and whatever referred to as in this code as Building Official or Department of Building Safety, or similar names it shall include and mean the Zoning Enforcement Officer."

The following Residential Code is enacted:

Fees. The International Residential Code Section R108.1 is deleted and shall instead read as follows:

"Section R108.1 Payment of Fees. All fees chargeable under this code shall be an amount as determined by the City of Weatherby Lake."

The following Residential Code is enacted:

Appeals. The International Residential Code Section R112 as shown in the printed document is hereby not enacted and shall instead read as follows:

"Section R112.1 General. All repeals of orders, decisions or determinations made by the Zoning Enforcement Officer relating to the application or interpretation of this ordinance shall be made to the Board of Zoning Adjustment of the City."

The following Residential Code is enacted:

Unlawful Acts (Violations). Section R113 as in the printed document relating to violations and criminal penalties is not enacted but the following is enacted instead:

"Section R113.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, remove, demolish, occupy any building structure in violation of this code and any violation thereof shall be deemed an infraction and penalty and punishable by fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or imprisonment for term not exceeding ninety (90) days or by both fine and imprisonment. "

Additions to Residential Code.

The following Residential Code Section is enacted:

Limitations. Any appeal to the Board of Zoning Adjustment must be filed within ninety (90) days of the occurrence, giving rise to the appeal and such appeal shall be made according to the Board of Zoning Adjustment rules.

The following Residential Code Section is enacted:

Separate Offense by Day. R113.4 Violations, penalties. Each day of separate offense. Each day in which the violation of this code shall be allowed to continue to occur shall constitute a complete and separate offense.

The following Residential Code Section is enacted:

No Part To Create Legal Duty. No provisions of this code, nor failure to enforce this code nor any action pursuant to this code shall be deemed to create a legal duty on the City or its officials. A violation of this code by residents shall not be deemed to have created a standard for legal negligence.

The following Residential Code Section is enacted:

Severability. If any Section, Subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or unlawful, then such decisions shall not affect the validity of the remaining portions of this ordinance.

Section 500.020 National Electrical Code.

[Ord. No. 646 §§1 — 6, 1-20-2004; Ord. No. 1077, 9-1-2009]

Code Enactment. The City hereby enacts the National Electrical Code 2008, the same being made a part of this Section as though fully set out herein.

Exceptions. Pursuant to Article 80.5, adoption of the code which provides Article 80 shall not be applied unless specifically adopted by the local jurisdiction adopting the National Electric Code and the City elects not to enact Article 80 of the National Electric Code.

Inconsistencies Between This Code And Existing City Ordinances. In the event of any inconsistency between the National Electric Code 2008 and the City of Weatherby Lake's City Code, then the Weatherby Lake City Code shall govern.

Adoption Of Code Sections Shall Not Create A Permissible Use. Certain commercial and residential uses are referred to in the code and it is not the intention of the City to create any permissive use or any other right by the adoption of this Section.

Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, install, alter or repair any electrical wiring or electrical apparatus in violation of this code. It shall further be a violation of this code to occupy any building structure which is in violation of this code. Any violation shall be deemed an infraction and the penalty punishable by a fine not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not exceeding ninety (90) days or by both fine and imprisonment.

Separate Violation By Day. Each day in which the violation of this code shall be allowed to continue to occur shall constitute a complete and separate offense.

Section 500.030 Violations and Penalties.

[CC 1984 §7.115; Ord. No. 280, 12-17-1985; Ord. No. 352 §7.115, 12-28-1988; Ord. No. 498 §7.115, 9-17-1997]

In case any building or structure is erected, constructed, altered, converted or maintained, or any building, structure or land is used in violation of any Section of this Residential Code, the Zoning Enforcement Officer appointed by the Board of Alderpersons, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct business or use in or about such premises.

The owner or general agent of a building or premises where a violation of any provisions of this Residential Code has been committed or shall exist or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each and every day that such violation continues, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.

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 provision of this Residential Code in respect to such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

Article II Miscellaneous Building Regulations

Section 500.040 House Numbering System.

[CC 1984 §7.121; Ord. No. 280, 12-17-1985; Ord. No. 373 §7.121, 9-26-1989; Ord. No. 401 §7.121(3), 12-18-1990]

Official System Established. The Zoning Enforcement Officer or authorized delegate shall establish a house numbering system for all buildings erected in the City or in any area to be annexed into the City and for all vacant lots in the City in accordance with the numbering system on the grid map on file in the office of the City Clerk.

Assignment Of Numbers. The Zoning Enforcement Officer or authorized delegate shall assign street numbers to houses, buildings or vacant lots in the City upon request of the owners thereof or whenever, in the opinion of the Zoning Enforcement Office, it would be in the public interest to assign such street numbers.

Display Of Numbers. The owner or occupant of each house or building in the City shall be required to place in a conspicuous location on the structure, visible from the street, numbers which shall conform to the number assigned thereof. Such numbers shall be of sufficient size to be legible from the street, with a three (3) inch minimum, and shall be located on the building so that they are not obscured by trees, shrubs, parked cars or other structure. The assigned street numbers may also be displayed in additional locations at the discretion of the property owner. The assigned numbers shall be in sharp color contrast to the house or building to which they are attached. In areas where the house or building is located more than one hundred (100) feet from the centerline of the street, the assigned number shall be displayed in the yard visible when viewing the main entrance.

Obtaining Of Official Number Prerequisite To Issuance Of Building Permit. A building permit for the erection of any house or building requiring a street number in the City shall not be issued until the applicant thereof has obtained from the Zoning Enforcement Officer or authorized delegate an official street number for such house or building.

Use Of Unofficial Number Prohibited. It shall be unlawful for any owner or occupant of any house, building or vacant lot to which an official number has been assigned by the Zoning Enforcement Officer or authorized delegate to use any other number for such house, building or vacant lot.

Penalty. Any individual, concern, organization or corporation violating any of the provisions of this Chapter shall, upon conviction, be deemed guilty of an ordinance violation and fined a sum not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) and by imprisonment in the County Jail for a term not exceeding ninety (90) days, or by both said fine and imprisonment.

Section 500.050 Blasting.

[CC 1984 §16.200; Ord. No. 267, 7-17-1984; Ord. No. 1068, 8-4-2009]

All terms not specifically defined otherwise in this Section shall be defined as set forth in the "Missouri Blasting Safety Act" as set forth in Sections 319.300 to 319.345, RSMo.

No person shall do any blasting or use any explosives with in the City of Weatherby Lake without first obtaining and having in force a permit from the City not more than ten (10) days prior to use, authorizing blasting from the Zoning Enforcement Officer.

A permit shall be required for each location where blasting operations are proposed.

All such applications for permit shall:

Describe the location where such blasting is proposed to be done;

State the name and address of the applicant;

Identify each type of explosives to be used;

State the storage location at the site where the explosives are used;

Demonstrate an acceptable plan for signage or other means of informing the public of blasting in proximity to public streets or highways and any request for temporary closing of streets or routing of traffic;

Provide proof that the person using explosives is registered with the Division of Fire Safety and that blasting will be conducted by a licensed blaster;

Provide proof of commercial general liability insurance in an amount of five million dollars ($5,000,000.00) and all such insurance policies may be required to contain a provision requiring notification to the Board of Alderpersons of the City of Weatherby Lake prior to cancellation of such insurance; and

Provide proof that the applicant made at least three (3) documented attempts to contact the owner of any uncontrolled structures within a scaled distance of thirty-five (35) from the blast site in order to conduct a preblast survey of such structures. A preblast survey is not required if the owner of any such structure does not give permission for a survey to be conducted.

Upon the submission of all of the information set forth in Subsection (3), a permit for blasting under a this Section shall be granted by the City upon the applicant's payment of the fee of twenty-five dollars ($25.00) to cover the administration of the permit system.

Any person using explosives that will conduct blasting within the City of Weatherby Lake Missouri shall notify the Mayor and Police Chief of the City in writing or by telephone at least two (2) business days in advance of blasting at that location.

Any person using explosives which will conduct blasting within the City of Weatherby Lake, Missouri, shall notify the owner or occupant of any residence or business located within a scaled distance of fifty-five (55) from the site of blasting at least two (2) business days in advance prior to the start of blasting at any new location. One (1) notification by mail, telephone, printed notification posted prominently on the premises or the property of the owner or occupant of the residence or business or delivered in person to any such owner or occupant meets the requirements of this Subsection.

Unless otherwise specifically approved by the Board of Alderpersons upon application by the person using explosives, blasting may only be conducted Monday through Saturday between the hours of 9:00 A.M. and 5:00 P.M.

Any person using explosives shall provide and allow the Zoning Enforcement Officer or other person designated by the Mayor access to the site of blasting by the person using explosives and shall be allowed to observe blasting from a safe location as designated by the blaster.

Any person using explosives shall provide and allow the Zoning Enforcement Officer or other person designated by the Mayor to examine records of blasting required to be maintained by Sections 319.309 and 319.315, RSMo.

10.

It shall be unlawful for any person to violate any provision of this Section. Any person who violates any provision of this Section shall be guilty of an ordinance violation punishable by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) or imprisoned of not more than ninety (90) days, or both fined and imprisoned. The court may suspend imposition or execution of sentence to imprisonment only and place the defendant on probation for a period of not more than one (1) year. Each detonation of an explosive in violation of this Section shall constitute a separate offense.

11.

This Section shall not apply to any blasting required by a construction contract with any agency of the State of Missouri, any Federal agency or any political subdivision of the State of Missouri or any contract with the City of Weatherby Lake.

12.

Nothing in this Section shall pre-empt the rights and remedies afforded by the general assembly or common law to persons damaged by blasting.

Section 500.060 Erosion Control.

[CC 1984 §6.331; Ord. No. 577 §6.331(3), 10-16-2001; Ord. No. 2021-17, 12-8-2021; Ord. No. 2022-10, 5-11-2022; Ord. No. 2022-12, 6-8-2022]

No person shall remove or destroy the natural vegetation on the surface of more than one hundred fifty (150) contiguous square feet of land, unless it is done in such manner or provisions are made so that, in the event of precipitation and natural drainage, soil from the land does not wash, either directly or indirectly, upon private property without the owner's consent or upon a sidewalk, street, alley, boulevard, parkway, park, drainage easement or public property in such a way that it causes or contributes to a buildup or accumulation of soil, mud or similar materials. Any such project shall ensure sediment and water control devices shall be installed or barriers constructed to adequately contain sediment and water runoff within the confines of the property on which construction is taking place.

No owner, occupant or managing agent of any land shall cause or permit the natural vegetation on more than one hundred fifty (150) square feet of the surface of such land to be removed or destroyed, unless it is done in such manner or provisions are made so that, in the event of precipitation and natural drainage, soil from the land does not wash, either directly or indirectly, upon private property without the owner's consent or upon a sidewalk, street, alley, boulevard, parkway, park, drainage easement or public property in such a way that it causes or contributes to a buildup or accumulation of dirt, mud or similar materials. Any such project shall ensure sediment and water control devices shall be installed or barriers constructed to adequately contain sediment and water runoff within the confines of the property on which construction is taking place.

No person shall remove, destroy, modify, or construct a seawall without the written consent of the owner of the adjoining lake and obtaining a building permit from the City. For the purposes of this Section, a seawall shall mean any material or structure, constructed, maintained, designed or existing which prevents or minimizes either erosion of soil or other material into the lake or the accretion of the lake. Any such project shall ensure sediment and water control devices shall be installed or barriers constructed to adequately contain sediment and water runoff within the confines of the property on which construction is taking place.

Nothing in this Section shall be deemed to allow overgrown vegetation, weeds, or accumulation of tree limbs, dirt piles, or nuisances to accumulate on a lot owner's property.

Erosion Control/Building Permits. Compliance with this Subsection, Erosion Control/Building Permits, is the responsibility of the property owner, contractor and/or builder.

An erosion control/building permit is required when:

Land Disturbance. Any natural vegetation over one hundred fifty (150) square feet is disturbed for construction and/or landscaping; or

Seawall. Whenever a seawall of any size is removed, repaired, destroyed, modified, or constructed.

Before an erosion control/building permit is issued, the owner, contractor and/or builder shall meet with a Zoning Enforcement Officer to discuss how erosion and stormwater runoff will be minimized on the project. Thereafter, before an erosion control/building permit is issued, the owner, contractor and/or builder shall:

Submit a written erosion control plan to the Director of Public Works, which shall contain the following minimum requirements:

(1)

A site plan with proposed erosion control measures designed for the property as delineated on the plan and submitted by a Missouri licensed engineer or a (MoDOT or KDOT) certified erosion control inspector.

(2)

A timeline for the start and completion of the project. The timeline shall provide for erosion control measures that will be utilized if the property is to be exposed without construction activity for more than fourteen (14) days. Nothing in this Section shall be deemed to allow overgrown vegetation, weeds, or accumulation of tree limbs, dirt piles, or nuisances prohibited by other ordinances to accumulate on the property during construction.

(3)

A description of measures to be taken after completion of construction to restore the landscape, and/or seawall to minimize stormwater runoff or modification to the lake shoreline.

(4)

Identify any waterway (lake or stream) located within twenty-five (25) feet of the proposed soil disturbance. Other than for a seawall as defined above, to the extent possible, the erosion control plan will ensure that there will be no soil disturbance within twenty-five (25) feet of any waterway (lake or stream) not addressed and mitigated by the erosion control site plan. A stream is defined as a body of running water moving over the earth's surface in a channel or bed, such as a creek, rivulet, or river that flows and contains water more than thirty percent (30%) of the year.

Pay to the City erosion control/building permit fee of one hundred fifty dollars ($150.00) or five percent (5%) of the building permit fee or the project contract valuation whichever is less. For the purposes of this Section, contract valuation shall mean the purpose of the land disturbance or the seawall project.

The owner, contractor and/or builder shall submit to the City a cash performance bond (which shall be in addition to the building permit fee) in the amount of fifty percent (50%) of the building permit or one hundred fifty dollars ($150.00), whichever is greater. For the purposes of this Section, contract valuation shall mean the purpose of the land disturbance or the seawall project. The bond will be held by the City without interest and used or returned as hereinafter set forth.

The submission of an application for an erosion control/building permit shall be deemed permission by the applicant to the City (including the Weatherby Lake Police Department), the Director of Public Works and/or other person(s) designated by the City to come onto the land to inspect whether there is compliance with the erosion control/building permit.

Prior to any work, it is the responsibility of the owner, contractor and/or builder to obtain an erosion control/building permit and install and maintain all erosion control devices for the entire duration of the project. This means that erosion control (in compliance with the erosion control/building permit) will be in place prior to any land disturbance and will remain in place until vegetation is well established after completion of the project.

During construction:

The owner, contractor and/or builder shall report at least weekly to the City concerning whether the erosion control plan is being followed. An independent erosion control company hired by the owner, contractor and/or builder shall conduct an inspection to ensure compliance with the permit shall be made at least weekly or within forty-eight (48) hours after a one-half (1/2) inch rain [within a twenty-four (24) hour period], and report the findings to the City concerning whether the erosion control plan is being followed and whether it is effective. All inspection reports will be made to the owner, contractor and/or builder with a copy provided to the City.

If any City inspection or the inspection report concludes or finds that the erosion control/building permit is not being complied with or is inadequate, the City may order that work on the project cease until there is compliance with the permit or the plan made effective.

If the project is not made compliant with the permit with two (2) weeks of a direction to stop work on the project by the City, the City may declare the performance bond due and remedy the condition itself or with or through a third-party contractor. The submission of an application for an erosion control/building permit shall be deemed permission and an agreement by the applicant for the City to come onto the land to remedy non-compliance with the permit and that the applicant will indemnify the City for any expenses incurred by the City. The applicant will be given credit for any payments made by from the bond money to the City; however, the applicants liability to reimburse the City is not limited to the bond amount.

After Construction.

All erosion control measure shall remain in place until sufficient vegetation has established itself to negate the need for such measures.

If not used, ninety percent (90%) of the construction performance bond will be returned when the Zoning Enforcement Officer approves, in conformance with this Code, the conclusion of all aspects of the project including grading, erosion control, removal of tree limbs, brush, stumps or other materials that may have been generated by the project.

Each day of any violation of any portion of this Section 500.060 shall constitute a separate violation. Any person or entity violating the provisions of this Section shall be punished as set forth in Sections 100.230 et seq., of this Code. The assessment of any special remedy for the curing of any necessary condition or the bringing of any suit for the cost of abating such an erosion causing condition as set forth in this Section 500.060 shall be an additional remedy and shall in no way excuse or render immune from prosecution or fine any person found guilty of violating this Section.