City of Marceline, MO Chapter 500 Building Regulations

Article I Adoption Of National Technical Codes

Section 500.010 Incorporation Of The International Building Code.

[R.O. 2003 § 500.030; Ord. No. 27.301 §§ 1 — 2, 3-16-1981; Ord. No. 18-05.24, 5-15-2018]

A. The 2018 Edition of the International Building Code, published by the International Code Council, Inc., including Appendices C, E, F, and H are hereby adopted as the Building Code of the City of Marceline (the "building code"), as if fully set out in its entirety, with the additions, insertions, deletions and changes, if any, prescribed hereof.

B. Violations And Penalties.

1. For any violation of the code adopted hereby, the violator, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding three (3) months, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an ordinance violation is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such ordinance violation, except that imprisonments may be in the City prison or workhouse instead of the County Jail.

2. Every day any violation shall continue shall constitute a separate offense.

3. Whenever any act is prohibited by the code adopted hereby, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by the code adopted hereby, an attempt to do the act is likewise prohibited.

Section 500.020 Incorporation Of The National Electric Code.

[R.O. 2003 § 500.010; Ord. No. 27.101 §§ 1 — 2, 3-16-1981; Ord. No. 18-05.24, 5-15-2018]

A. The NFPA 70 2017 National Electric Code, published by the National Fire Protection Association, is hereby adopted as the Electric Code of the City of Marceline (the "electric code"), as if fully set out in its entirety, with the additions, insertions, deletions and changes, if any, prescribed hereof.

B. Violations And Penalties.

1. For any violation of the code adopted hereby, the violator, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding three (3) months, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an ordinance violation is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such ordinance violation, except that imprisonments may be in the City prison or workhouse instead of the County Jail.

2. Every day any violation shall continue shall constitute a separate offense.

3. Whenever any act is prohibited by the code adopted hereby, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by the code adopted hereby, an attempt to do the act is likewise prohibited.

Section 500.030 Incorporation Of The International Plumbing Code.

[R.O. 2003 § 500.060; Ord. No. 27.501 §§ 1 — 2, 3-16-1981; Ord. No. 18-05.24, 5-15-2018]

A. The 2018 Edition of the International Plumbing Code, published by the International Code Council, Inc., is hereby adopted as the Plumbing Code of the City of Marceline (the "plumbing code"), as if fully set out in its entirety, with the additions, insertions, deletions and changes, if any, prescribed hereof.

B. Violations And Penalties.

1. For any violation of the code adopted hereby, the violator, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding three (3) months, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an ordinance violation is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such ordinance violation, except that imprisonments may be in the City prison or workhouse instead of the County Jail.

2. Every day any violation shall continue shall constitute a separate offense.

3. Whenever any act is prohibited by the code adopted hereby, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by the code adopted hereby, an attempt to do the act is likewise prohibited.

Section 500.040 Incorporation Of The International Fire Code.

[R.O. 2003 § 500.020; Ord. No. 27.201 §§ 1 — 2, 3-16-1981; Ord. No. 18-05.24, 5-15-2018]

A. The 2018 Edition of the International Fire Code, published by the International Code Council, Inc., including Appendices B, C, D and I, is hereby adopted as the Fire Code of the City of Marceline (the "fire code"), as if fully set out in its entirety, with the additions, insertions, deletions and changes, if any, prescribed hereof.

B. Violations And Penalties.

1. For any violation of the code adopted hereby, the violator, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding three (3) months, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an ordinance violation is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such ordinance violation, except that imprisonments may be in the City prison or workhouse instead of the County Jail.

2. Every day any violation shall continue shall constitute a separate offense.

3. Whenever any act is prohibited by the code adopted hereby, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by the code adopted hereby, an attempt to do the act is likewise prohibited.

Section 500.050 Incorporation Of The International Residential Code For One-And Two- Family Dwellings. [1]

[R.O. 2003 § 500.040; Ord. No. 27.350 §§ 1 — 2, 3-16-1981; Ord. No. 18-05.24, 5-15-2018]

A. The 2018 Edition of the International Mechanical Code, published by the International Code Council, Inc., including Appendices E, G, J, and P, is hereby adopted as the Residential Code for one- and two-family dwellings, of the City of Marceline (the "residential code"), as if fully set out in its entirety, with the additions, insertions, deletions and changes, if any, prescribed hereof.

B. Violations And Penalties.

1. For any violation of the code adopted hereby, the violator, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding three (3) months, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an ordinance violation is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such ordinance violation, except that imprisonments may be in the City prison or workhouse instead of the County Jail.

2. Every day any violation shall continue shall constitute a separate offense.

3. Whenever any act is prohibited by the code adopted hereby, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by the code adopted hereby, an attempt to do the act is likewise prohibited.

[1] Editor's Note: Former Section 500.050, Incorporation of Basic Property Maintenance Code, was repealed 5-15-2018 by Ord. No. 18-05.24.

Article II Miscellaneous Provisions

Section 500.070 Construction, Maintenance And Repair Of Sidewalks.

[R.O. 2003 § 500.070; Ord. No. 10.202 §§ 1 — 7, 6-17-1963]

A. Every person who shall own real estate within the City along or upon which any public sidewalk or improved walkway shall exist shall, at the expense of such person, maintain such sidewalk or walkway in a safe or usable condition of repair and free from any dangerous holes or irregularities.

B. If any person shall violate the provisions of Subsection (A) hereof the Council may, by motion, direct the City Clerk to notify such person of such violation and require the correction thereof within fifteen (15) days from the date of such notice. Such notice shall be by registered mail.

C. Any person so notified who shall fail to comply with the requirements of the notice herein provided shall be deemed guilty of an ordinance violation.

Section 500.080 Compliance With Fire Zone Regulations Within The Business District.

[R.O. 2003 § 500.080; Ord. No. 5.300 §§ 1 — 5, 2-21-1955]

A. No building shall be erected within the business district of the City unless such structure shall be faced on all lateral walls with an approved fire-resistant material.

B. "Fire-resistant material," as used herein, shall mean brick, mortar, concrete, stone, glass, tile or other equally non-combustible material.

C. The provisions hereof shall not prevent the repair or improvement of any existing structure within said business district, provided that it shall be unlawful to replace any fire resistant surface with any substance not fire resistant.

D. The violations of the provisions hereof shall be an ordinance violation and each day that such structure shall continue to exist in violation hereof shall be a separate offense.

E. If any person shall violate the provisions hereof, the City may, at the discretion of the Council, bring an appropriate action in any proper court of the State to restrain or enjoin the continuance of such violation, and for this purpose such violation is declared to be a public nuisance; provided that the conviction of any person for an ordinance violation for the violation hereof shall not bar an action by the City for such equitable relief.

Section 500.090 General Building Regulations, Permit Procedure And Fee Schedule.

[R.O. 2003 § 500.090; Ord. No. 27.600 §§ 1 — 5, 9-18-1967; Ord. No. 18-12.53, 12-18-2018]

A. Building Permits. It shall be unlawful for any person to construct any building/structure within the City limits of the City or to make any improvements or modifications on any existing structure unless such person shall first obtain a City building permit. A building permit shall be procured upon application made to the City Manager, which application shall include the estimated cost of the proposed construction or repair.

B. It is expressly ordained that the following construction or modifications shall be subject to this requirement for a City building permit:

1. New buildings.

2. Building additions.

3. Structural alterations to an existing building.

4. Garages, sheds, accessory buildings [plus one hundred twenty (120) square feet].

5. Open Decks [plus thirty (30) inches above ground level].

6. Covered Decks.

7. Fences.

8. Sidewalks and driveways (extending onto City right-of-way/easement).

9. Roofing.

10. New/major changes to plumbing or electrical system.

11. In-ground pools.

[Ord. No. 22-06.06, 6-21-2022]

12. Alternative energy structures, including, but not limited to, solar panels or wind turbines (structure or ground install) as provided in Title VII, Chapter 700, Article VII of the Municipal Code of Ordinances.

[Ord. No. 22-06.06, 6-21-2022]

C. It is expressly ordained, however, that the following construction or modifications shall be exempt from the provisions of this Section:

1. Any work that has a value of less than two hundred fifty dollars ($250.00).

2. Painting (interior or exterior).

3. Siding/gutters.

4. Replacement or repair of windows and doors.

5. Minor repairs.

6. Exterior enhancements.

7. Utility sheds one hundred twenty (120) square feet or less.

8. General concrete flat work on private property within property lines (residential patios, residential sidewalks, residential driveways).

D. Change Of Use/Occupancy Permit. Any building located in a zone designed as C-1 (General Commercial District) or C-2 (Highway Service Commercial District) that has a change in use/occupancy is required to obtain a change of use/occupancy permit for a certificate of occupancy (COO), even where no alterations are planned or required by code. Application for a change of use/occupancy permit may be made to the City Manager.

E. Conditional Use Permit. A conditional use permit is a zoning exception which allows the property owner use of land in a way not otherwise permitted within the particular zoning district. Conditional use permits may be issued by the City Council upon application to and receipt of a recommendation to do so from the Planning Commission. A conditional use permit, once issued, may designate conditions and require guarantees in the granting of use permits in the manner prescribed herein.

F. Special Use Permit. A special use permit is a zoning exception which allows the property owner use of the land listed under the section for special use under the specific zoning district found in the City's Planning and Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 405, Zoning Regulations.

G. Zoning Variance. Upon application to the Planning Commission, the Commission shall recommend, and the City Council shall have the power to approve or disapprove, variance to the strict requirements of the City's Planning and Zoning Ordinance, and shall be limited to matters pertaining to height of structures, setback requirements, easements, bulk, density, area requirements, and location of easements or extension of roadways or sidewalks within another public right-of-way:

H. Zoning Amendment. Upon application to the Planning Commission, the Commission shall recommend, and the City Council shall have the power to approve or disapprove amendments to the City's Zoning Map as it relates to use of the property.

I. Demolition Permit. A demolition permit is required for any demolition or removal of any commercial, residential, or accessory structure in the City of Marceline. A building permit shall be procured upon application made to the City Manager, which application shall include the estimated cost of the proposed construction or repair.

J. Fee Schedule. The fee for such permits required by this Section shall be in accordance with the following schedule:

1. Building permits:

Less than $250.00	No fee
$250.00 to $1,000.00	$15.00
$1,000.00 to $4,000.00	$25.00
$4,000.00 and over	$25.00 (plus $5.00 per thousand over $4,000.00)

2. Change of use/occupancy permit: twenty-five dollars ($25.00).

3. Conditional use permit: twenty-five dollars ($25.00).

4. Special use permit: twenty-five dollars ($25.00).

5. Zoning variance: twenty-five dollars ($25.00).

6. Zoning amendment: twenty-five dollars ($25.00).

7. Demolition permit: no fee.

K. Any person who shall violate any of the provisions of this Section may be subject to a stop-work order issued by the City Building Official and/or may be fined an amount not to exceed the sum of two hundred fifty dollars ($250.00). Each day that a violation shall continue shall be deemed a separate offense.