City of O'Fallon, MO Article XII Miscellaneous Building Regulations

Section 500.390 Alterations To Property Without Permit Prohibited.

[R.O. 2008 § 500.390; R.O. 2007 § 500.390; Ord. No. 1130 §§ 1 – 2, 7-17-1984]

A. Any person, firm or corporation making an alteration to real property within the City limits of O'Fallon, Missouri, including, but not limited to, driveways, fences, additions to homes and businesses, and any building activity regulated by City ordinance or Code, who fails to obtain the proper permits prior to commencing construction shall be in violation of this Chapter.

B. The Building Official or his/her designated representative is responsible for the enforcement of this Chapter.

C. Any person, firm or corporation, upon conviction of being in violation of this Article, shall be subject to a fine of up to five hundred dollars ($500.00), but a minimum of ten dollars ($10.00) per day after notice of violation. Each day's violation of or refusal or neglect to comply with any provision of this Article or the code hereby adopted shall constitute a separate and distinct offense.

Section 500.400 Permit For Improvements Built Within A Setback.

[R.O. 2008 § 500.400; Ord. No. 6724, 10-22-2020[1]]

A. Except as permitted by this Code, no person shall construct or install any structure, building or improvement, or portion thereof, within the required setbacks unless a variance has been granted and a permit approved for such structure, building or improvement.

B. Following the approval of a variance, with or without conditions, by the Board of Adjustment, the owner shall file an application for a permit allowing the construction, installation and maintenance of any structure, building or improvement within the setback. Such application shall contain such information, as required by the City, to ensure that the proposed improvement is in compliance with the variance and any conditions placed on the variance.

C. Each application shall be accompanied by a fee which shall be established from time to time to cover the cost of inspecting the improvement to ensure compliance with the variance and making such changes to the public records of the City to reflect the permissible setback encroachment.

[1] Editor’s Note: Former Section 500.400, Numbering of Houses, Mobile Homes or Buildings, adopted and/or amended R.O. 2007 § 500.410; Ord. No. 1170 §§ 2 – 4, 11-1-1984; was repealed 6-14-2019 by Ord. No. 6577.

Section 500.410 Installation Of Satellite Dish.

[R.O. 2008 § 500.410; R.O. 2007 § 500.420; Ord. No. 1142 §§ 1 – 5, 8-21-1984; Ord. No. 1878 §§ 2 – 3, 2-7-1991; Ord. No. 3440 § 2, 10-16-1996; Ord. No. 3696 § 1, 5-21-1998; Ord. No. 3886 § 1, 5-19-1999]

A. The Missouri Cities of the Third Class, O'Fallon being such, have the authority under provisions of Section 89.010, RSMo., as amended, to regulate and restrict the location of building structures and the use of land to promote the public health, safety and welfare. The City of O'Fallon recognizes the authority of the Federal Communications Commission (FCC) to promulgate rules regarding direct broadcast satellite services. The City, through its authority granted by State law and within the parameters of FCC-96-328, intends to assure its residents and businesses access to satellite services, and promote fair and effective competition in the satellite industry, while protecting the public health and safety of its citizens and encouraging the aesthetic characteristics of our local community. For the purposes of this Section, "satellite dish receiving antenna" is hereby defined as follows: A receiving earth station antenna for the reception of satellite-delivered communication services, whether received only or transmitted and received.

B. Any satellite dish receiving antenna shall not be located within ten (10) feet of a power line; they must be properly secured and grounded in order to protect the public health and safety. Installations shall be in accordance with the dish manufacturer's, National Electrical Code and Building Code standards.

C. Any satellite dish receiving antenna or other structure shall not be located within ten (10) feet of a public street so as not to obstruct traffic or otherwise pose a safety hazard.

D. Satellite dish antenna of one (1) meter or smaller in diameter and other structures, whether detached and freestanding or attached to the principal building on the lot, shall be permitted in all zoning districts. Such dishes shall be situated in locations which have the least possible visual impact on surrounding properties and should be:

1. In the side yard, but not extending forward of the front exterior wall of the structure and screened by landscape plant material at street eye level.

2. In front of the structure, only if incorporated as part of a significant landscape theme and screened through the use of dense plant material at street eye level.

3. Mounted on the sides of the structure; however, it should not be mounted on the face of a structure facing a public right-of-way.

4. On the roof of a structure, not facing a public right-of-way and not extending above the ridge of the roof at street eye level.

5. In addition, such dishes and other structures shall be set back a minimum of six (6) feet from all side property lines and a minimum of ten (10) feet from all rear property lines where utility easements do not exist. Where utility easements do exist, satellite dish receiving antennas shall not be placed within these easements. On a corner lot, both street frontages will be considered front yards with all satellite dish antenna being located in the rear yard area of the interior side.

E. Entities desiring to locate a satellite dish in an area not allowed under this Section may do so only upon showing that: placement within the authorized locations is not possible and that the authorized locations will impair the applicant's ability to receive satellite programming as verified in writing to the Planning Department by an authorized satellite dish antenna dealer or by an installer that the proposed location is necessary to obtain an acceptable quality signal, or that compliance would be an unreasonable expense.

Section 500.420 Construction Hours.

[R.O. 2008 § 500.420; R.O. 2007 § 500.430; Ord. No. 3429 § 1, 9-17-1996]

Construction work shall only be allowed during the following hours:

October 1 – May 31	7:00 A.M. to 7:00 P.M.
June 1 – September 30	6:00 A.M. to 8:00 P.M. Monday – Friday
	7:00 A.M. to 8:00 P.M. Saturday and Sunday

Construction work to be done outside of these hours requires prior written approval from the City Administrator or City Engineer.

Section 500.430 Grading And Drainage Plans. [1]

[R.O. 2008 § 500.430; R.O. 2007 § 500.450; Ord. No. 4486 § 1, 3-3-2003; Ord. No. 4866 § 1, 7-20-2005]

A. At the time of application for a building permit, the applicant shall acknowledge in writing and with his/her signature, that the applicant is responsible for assuring that the lot for which the building permit is issued complies with the approved grading and drainage plans.

B. (Reserved)[2]

[2] Note: Former Subsection 500.430(B), which required grading letters and escrows, was repealed 4-28-2016 by Ord. No. 6207.

[1] Editor's Note: Ord. No. 5454 § 1, adopted May 14, 2009, sets out the grading permit applications and checklists and matters related thereto. Said checklist and related information is on file in the City offices.

Section 500.440 Information Required On All Publicly Funded Projects Within City.

[R.O. 2008 § 500.440; R.O. 2007 § 500.470; Ord. No. 4949 §§ 1 – 3, 1-30-2006; Ord. No. 5301 § 1, 3-13-2008]

A. All contractors seeking a permit for the construction of any project that is funded with public money shall be required to sign an affidavit stating:

1. The contractor and its subcontractors have Workers' Compensation insurance that covers its employees working on the project.

2. The contractor and its subcontractors have verified the U.S. citizenship or lawful status of the workers employed on the project.

3. The contractor and its subcontractors will pay the prevailing wages of the area to its workers.

4. The contractor and its subcontractors are in compliance with Federal law requiring an accredited apprenticeship program if such law applies to the project.

B. Upon request of the City, the contractor will produce proof of compliance with the above laws within thirty-six (36) hours.

C. All contractors bidding on construction projects within the City of O'Fallon are encouraged and urged, to the extent possible, to employ residents of the City of O'Fallon to work on such projects.

Section 500.450 Lawn Irrigation Sprinkler Systems That Encroach Upon City-Owned Right-Of-Way.

[R.O. 2008 § 500.450; Ord. No. 5189 § 1, 6-14-2007]

A. Lawn irrigation sprinkler systems may be placed within City-owned right-of-way, provided that the sprinkler heads shall not be placed within one (1) foot of curbs or other paved surfaces.

B. The installation of lawn irrigation sprinkler systems within City-owned right-of-way is at the property owner's risk, and resulting damage related to being installed within said right-of-way shall not be the responsibility of the City to repair. Maintenance and repair of lawn irrigation sprinkler systems placed within City-owned right-of-way shall be the responsibility of the adjacent property owner(s).

C. Backflow prevention is required per Section 700.370(C)(14) of the Municipal Code.

D. A plumbing permit is required to install lawn irrigation sprinkler systems per Section 500.470(E)(3)(F) of the Municipal Code.

Section 500.455 Methamphetamine Contamination Abatement.

[R.O. 2008 § 500.455; Ord. No. 5809 § 1, 9-13-2012]

A. Title. This Section is entitled and may be known as the "Methamphetamine Contamination Abatement Protocol."

B. Purpose. The purposes of this Section are:

1. To adopt standards for identifying dangerous levels of toxic chemicals and residue associated with the presence or production of methamphetamine; and

2. To establish protocols whereby the Building and Code Enforcement Division ("Division") may cooperate with and rely on law enforcement and emergency agencies when applying property maintenance and safety standards to order or cause the abatement of contamination in structures due to the presence or production of methamphetamine.

C. Definitions. For purposes of this Section, the words or terms listed below are defined as follows:

DIVISION

The Building and Code Enforcement Division of the City of O'Fallon.

METHAMPHETAMINE

Dextro methamphetamine, levo methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine and pseudoephedrine.

QUALIFIED COMPANY or QUALIFIED CONTRACTOR

A company or contractor that tests structures for the presence of unsafe contamination and/or abates such unsafe contamination and that:

1. Complies with the guidelines of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009);

2. Complies with the regulations of the Occupational Safety and Health Administration of the United States Department of Labor relating to hazardous waste operations and emergency response, including 29 Code of Federal Regulations Section 1910.120;

3. Requires that at least one (1) employee or supervisor assigned to and on duty at any work site shall have completed the forty (40) hour Hazardous Waste Operations and Emergency Response (HASWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR Part 1910]; and

4. Requires its personnel to complete a clandestine drug lab assessment and decontamination course offered by a sponsor acceptable to the Division.

UNSAFE CONTAMINATION

The presence of chemicals in a structure at levels exceeding the levels for such chemicals as provided in Subsection (D) below.

D. Unsafe Contamination. A structure will be considered unsafe if it is found to contain any of the chemicals listed below at exposure limits above the levels listed below referenced by the National Institute for Occupational Safety and Health (NIOSH):

1. Red Phosphorus—any amount.

2. Iodine Crystals C0.1 ppm (1 mg/m3).

3. Sulfuric Acid TWA 1 mg/m3.

4. Hydrogen Chloride C 5 ppm (7 mg/m3).

5. Hydrochloric Acid (Hcl gas)—C 5 ppm (7 mg/m3).

6. Methamphetamine—in a concentration equal to or greater than 1.5 µgram/100 cm2.

7. Lead and Mercury—If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 µg/ft2 and vapor samples for Mercury in excess of 50 ng/m3.

E. Closure And Abatement Orders Upon Report And Investigation By Law Enforcement Or Emergency Agencies.

1. When a law enforcement or emergency agency reports to the Division that a structure in the City has been used for the production of methamphetamine or as a storage facility for methamphetamine or chemicals used in the manufacturing of methamphetamine, the Division may order that structure closed pursuant to the emergency measures provided in the City's property maintenance and/or safety codes. The Division shall rescind such an order if the law enforcement or emergency agency later reports that after testing and investigation it has not found unsafe contamination in that structure.

2. When a law enforcement or emergency agency reports to the Division that it has found unsafe contamination in a structure in the City that has been used for the production of methamphetamine or as a storage facility for methamphetamine or chemicals used in the manufacturing of methamphetamine, the Division shall order that structure closed pursuant to the emergency measures provided in the City's property maintenance and/or safety codes.

F. Supplementary Notice And Instructions.

1. While closure and abatement orders pursuant to the emergency measures provided in the City's property maintenance and/or safety codes may be posted, the Division shall also attempt to contact the owner of record of the affected property, or the owner's agent, by personal service, first class mail or by posting on the property or publication if mail is returned as undelivered.

2. Such notice shall direct the owner to contact the Division within twenty (20) calendar days to establish a schedule for decontaminating the structure, and further advise the owner that failure to contact the Division within that time specified may result in a request to disconnect utility services in order to ensure that the structure is not re-occupied until it is decontaminated.

3. Such notice shall also inform the owner that if the owner contacts the Division within the time specified in the notice, the owner may request to have the structure retested, but such retesting must be performed as follows.

a. The owner must employ the services of a qualified company or contractor having no financial or ownership interest or occupancy right in the subject property to perform sampling and to analyze the samples.

b. An inspector for the Division must be present when the qualified company or contractor takes samples and the owner shall pay an inspection fee of forty dollars ($40.00), payment of which must be made prior to the appointment for taking samples.

c. Sampling and testing shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).

d. The qualified company or contractor engaged by the owners must report the results of its analysis of the samples taken to the Division.

G. Decontamination.

1. If unsafe contamination exists in a structure, the owner shall hire a qualified contractor or company to decontaminate the structure and advise the Division of the schedule for decontamination.

2. The schedule for the work and evidence that the qualified contractor or company meets the requirements of this Section must be submitted for approval to the Division within twenty (20) calendar days of the receipt of notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the contractor. Approval or rejection of the schedule will be provided within a reasonable time of submission. If rejected the owner will be informed, in writing, of specific reasons for the rejection and will be required to amend the schedule or the proposed qualified contractor or company. Decontamination shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).

3. If the owner of property determined to have unsafe contamination fails to voluntarily abate that contamination, the Division may serve a notice of violation and proceed in accordance with provisions for abatement of unsafe conditions or structures in the City's property maintenance and/or safety codes. The Division may request disconnection of the utility services until the decontamination is complete.

4. Post Decontamination Sampling. Following the completion of the work the owner shall notify the Division that work is complete and the owner must provide written test results as evidence that the property is compliant with this regulation. The post remediation sampling and testing must be performed by a qualified contractor or company other than and independent of the contractor or company that performed the decontamination, and that sampling and testing must be done in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).

H. Final Action. After the property has been decontaminated and the Division is in possession of evidence that the pertinent chemical levels are below unsafe contamination levels, the structure will be considered safe and suitable for performance of a full inspection for an occupancy permit. If utility services have been disconnected, the Division will notify the utilities that the unsafe condition has been mitigated and service can be restored. The property owner shall be responsible for any re-connection fees.

Section 500.460 Violations And Penalties.

[R.O. 2008 § 500.460; R.O. 2007 § 500.440]

Any person, firm or corporation violating any of the provisions of this Article shall, upon conviction, for each offense be fined not more than five hundred dollars ($500.00) or be punished by imprisonment in Jail not to exceed three (3) months, or be punished by both fine and imprisonment. Each day's violation of, or refusal or neglect to comply with, any provision of this Article shall constitute a separate and distinct offense.