[R.O. 2006 §500.010; Ord. No. 1341, 9-16-2003]
All previously adopted Building Codes are superseded by those
adopted and modified herein. It should be noted that the codes being
adopted herein are those published by the International Code
Council, Inc., which is the national model code organization
made up of the former Building Officials and Code Administrators
International, Inc., International Conference of Building Officials, and Southern Building Code Congress International, Inc., model code organizations. Throughout the ordinances and Building
Codes adopted herein, wherever the term "name of jurisdiction" or "local jurisdiction" appears, it shall be deemed
to mean the City of Warrenton, Missouri. Throughout the ordinances
and Building Codes adopted herein, wherever the terms "Building
Official" or "Code Official" are used, it
is deemed to mean the Building Commissioner.
[R.O. 2006 §500.020; Ord. No. 1341, 9-16-2003; Ord. No.
1994 §I, 9-6-2011; Ord. No. 2403, 6-5-2018]
Building codes will be applied by use and occupancy classification
as follows:
Residential — Detached one- and two-family dwellings and multiple single-family dwellings (town houses) not more than three (3) stories high with separate means of egress and their accessory structures shall comply with the International Residential Code 2015 (Section 500.310).
Commercial and Large Scale Residential — All structures not included in "Residential" above shall comply with the International Building Code 2015 (Section 500.100), the ICC Electrical Code 2014 (NEC2014) (Section 500.160), the International Plumbing Code 2015 (Section 500.190), the International Fuel Gas Code (Section 500.220), the International Mechanical Code 2015 (Section 500.250), and the International Energy Conservation Code (Section 500.280) requirements.
Additional codes adopted herein will be enforced as appropriate
for situations within the scope of each of the codes.
[R.O. 2006 §500.030; Ord. No. 1341, 9-16-2003; Ord. No.
1743 §I, 1-15-2008; Ord. No. 1889 §I, 3-2-2010; Ord. No. 1995 §I, 9-6-2011]
A.
Any
owner or authorized agent who intends to construct, enlarge, alter,
repair, move, demolish or change the occupancy of a building or structure,
or intends to erect, install, enlarge, alter, repair, remove, convert
or replace any electrical, gas, mechanical or plumbing system, of
which the installation is regulated by these codes, including the
finishing or remodeling of any leased or rented premises, or intends
to cause any such work to be done shall first make application to
the Building Commissioner and obtain the required permit. An occupational
license for all contractors and/or subcontractors performing any work
within the scope of the permit is required prior to the issuance of
the permit.
[Ord. No. 2189 §I, 9-16-2014]
B.
Temporary Structure Permit. A temporary structure permit
shall be required for any structure that is temporary in nature and
intended for commercial uses for the general public, including tents,
bleachers and mobile, non-residential trailers or vehicles. Permits
may be issued for a maximum period of one hundred eighty (180) days.
1.
Recreational vehicles or mobile homes of any type shall not be considered
temporary structures.
[Ord. No. 2138 §I, 1-21-2014]
Any demolition within the City must comply with the requirements
as set forth in the City of Warrenton's policies and procedures regarding
demolition.
[R.O. 2006 §500.040; Ord. No. 1341, 9-16-2003; Ord. No.
1689 §I, 5-1-2007; Ord. No. 1744 §I, 1-15-2008; Ord. No. 1819 §I, 12-16-2008; Ord. No. 1889 §II, 3-2-2010; Ord. No. 1985 §I, 8-2-2011]
A.
Building Permit Fees. A fee for each plan examination and
permit shall be paid prior to issuance of the permit. Additional fees
will be charged to cover necessary special inspection and reinspection
costs.
B.
Fee Schedule. Permit fees shall be calculated using the
estimated construction cost of the most recently published International
Code Council table. The building permit fee multiplier shall be applied
to each type of construction as follows:
1.
Building permit (all inclusive — new construction) —
Estimated cost x 0.0040 (not including plan review).
2.
Plan review — Estimated cost x 0.0015.
[Ord. No. 2189 §II, 9-16-2014]
a.
Master Plans. A one-time plan review fee will be
charged to review a set of master plans. Building permit applications
submitted for the construction of a residence built pursuant to an
approved set of master plans will not be charged an additional plan
review fee, except as set forth herein. The master plans will become
void and/or subject to additional plan review fees if there are revisions
and/or modifications made to the master plans, or if the City adopts
any new ordinances or codes applicable to the construction contemplated
by the master plans after the approval date of the master plans. As
used in this Section, "master plans" are a complete set of residential
construction plans showing all elevations and options for a specific
home model to be built by a single applicant.
3.
Finished basement permit:
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Flat fee: 2,000 square feet or less — $75.00
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More than 2,000 square feet — $150.00
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C.
Miscellaneous Charges. Miscellaneous permit fees shall include
permits to alter, repair or construct in the following crafts. The
permit applicant shall supply the estimated cost of that type of construction
activity. The following fees shall include plan review.
[Ord. No. 2432, 9-18-2018; Ord. No. 2449, 2-5-2019]
1.
Electric permit — Estimated cost x 0.0040.
2.
Plumbing permit — Estimated cost x 0.0040.
3.
Mechanical permit — Estimated cost x 0.0040.
4.
Deck permit/shed/garage — Estimated cost x 0.0040.
5.
Swimming pool permit — Estimated cost x 0.0040.
6.
Fence permit — Flat fee $40.00.
7.
The permit fee for moving a building or structure to a new location
shall be as for new construction by the most recent published square
foot schedule of construction valuation.
8.
Mobile Homes Inspections — A three hundred fifty dollar ($350.00)
inspection fee includes initial inspection and one (1) re-inspect
if necessary. Each additional re-inspection is seventy-five dollars
($75.00). Mobile home inspection fees must be paid in advance.
9.
Private sewage disposal system permit — Estimated cost x 0.0040.
10.
The permit fee for demolition of a building or structure shall be
minimum fifty dollars ($50.00) for two thousand (2,000) square feet
and fifty dollars ($50.00) per additional one thousand (1,000) square
feet or part thereof and be in force for ninety (90) days. If demolition
has not been completed in this time, an applicant can apply for an
extension up to an additional ninety (90) days. Said application for
extension may, at the request of the Building Commissioner, require
said applicant to post a bond in an amount to be determined by the
Director of Operations. A renewal fee of fifty dollars ($50.00) for
ninety (90) days shall be assessed at that time. If required by the
Department of Natural Resources (DNR), an approved copy of a DNR permit
shall accompany an application for demolition permit.
11.
Temporary structure permit —twenty-five dollars ($25.00) per
structure.
D.
Minimum Permit Fee. The minimum permit fee of twenty-five
dollars ($25.00) shall be charged within the City of Warrenton.
E.
Extra Inspection. If by judgment of the Building Commissioner
an inspection requested is not ready or accessible for inspection
or in the judgment of the Building Commissioner the applicant has
caused the City extra inspections other than typically required, a
fee of twenty-five dollars ($25.00) may be assessed for each additional
inspection or reinspection.
F.
Fee Refunds. The Building Commissioner is authorized to
refund fees as follows:
1.
The full amount of any fee paid hereunder which was erroneously paid
or collected.
2.
Not more than ninety percent (90%) of the permit fee paid when no
work has been done under a permit and is considered a "same as" permit.
3.
Not more than eighty percent (80%) of the permit fee paid when no
work has been done for a permit for which a plan review effort has
been expended.
4.
The Building Commissioner shall not authorize the refunding of any
fee paid, except upon written application filed by the original permittee
not later than one hundred eighty (180) days after the date of fee
payment.
[R.O. 2006 §500.050; Ord. No. 1341, 9-16-2003; Ord. No.
2432, 9-18-2018]
The Building Commissioner shall make all of the required inspections
or the Building Commissioner shall have the authority to accept reports
of inspection by approved agencies or individuals. Reports of such
inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual.
The Building Commissioner is authorized to engage such expert opinion
as deemed necessary to report upon unusual technical issues that arise,
subject to the approval of the City Administrator of the City of Warrenton.
[R.O. 2006 §500.060; Ord. No. 1341, 9-16-2003]
A.
Authority. Whenever the Building Commissioner finds any
work regulated by these codes is being performed in a manner contrary
to the provisions of these codes or in a dangerous or unsafe manner,
the Building Commissioner is authorized to issue a stop work order.
B.
Issuance. The stop work order shall be in writing and shall
be given to the owner of the property involved or to the owner's agent
or to the person doing the work. Upon issuance of a stop work order,
the cited work shall immediately cease. The stop work order shall
state the reason for the order and the conditions under which the
cited work will be permitted to resume.
C.
Unlawful Continuance. Any person who shall continue any
work in or about the structure after having been served with a stop
work order, except such work as that person is directed to perform
to remove a violation or unsafe conditions, shall be liable to a fine
of not more than five hundred dollars ($500.00) or imprisonment for
a period not to exceed ninety (90) days or both such fine and imprisonment.
[R.O. 2006 §500.065; Ord. No. 1341, 9-16-2003]
A.
No
person shall engage in any land disturbing activity or any other action
which causes or permits any soil, mud, earth, sand, gravel, rock,
stone, concrete or other materials or liquids to be deposited, dropped
upon or to roll, flow, stand or wash upon or over any street, street
improvement, road, sewer, storm drain, watercourse, right-of-way or
any other property in a manner to interfere with the use of such property
or which creates a nuisance or a hazardous condition which is detrimental
to the property, health, safety and welfare of the public.
B.
No
person shall, when hauling soil, earth, sand, gravel, mud, rock, stone,
concrete, building materials or any other materials or liquids over
any street, road, alley, allow such materials or liquids to blow,
drop, be placed or spill over and upon such street, road, alley or
property without permission from the Building Commissioner or designee
and/or owner of the property.
C.
No
person shall operate a vehicle hauling rock, sand, gravel, dirt or
similar material over any street or roadway unless there is a tarp
or similar covering pulled over the load or unless permission is obtained
from the Building Commissioner or designee.
D.
All
matter or objects described in this Section shall be immediately removed
in a prompt and on-going manner as it occurs and not as a cumulative
effort at the end of the day or project.
E.
Any
person who causes any soil, mud, earth, sand, gravel, rock, stone,
concrete or other materials or liquids to be deposited or to roll,
flow, wash or drop onto any street, road, alley or other property
shall be directed to immediately remove such materials or liquids;
and any person failing or refusing to do so shall be issued a summons
or warrant to appear in Warrenton Municipal Court.
[R.O. 2006 §500.075; Ord. No. 1341, 9-16-2003]
A.
General. Appeals of orders, decisions or determinations
made by the Building Commissioner relative to the application and
interpretation of these codes within the City of Warrenton, shall
be heard by the Building Board of the City of Warrenton. This Board
shall be appointed by the Mayor and be approved by the Board of Aldermen
of the City of Warrenton and shall hold office at its pleasure. The
Board shall adopt rules of procedure for conducting its business.
B.
Limitations On Authority. An application for appeal shall
be based on a claim that the true intent of these codes or the rules
legally adopted thereunder have been incorrectly interpreted, the
provisions of these codes do not fully apply or an equally good or
better form of construction is proposed. The Board shall have no authority
to waive requirements of these codes.
C.
Qualifications. The Building Board of the City of Warrenton
shall consist of members who are qualified by experience and training
to pass on matters pertaining to building construction and are not
employees of the City of Warrenton.
Ord. No. 2505[1], 1-21-2020]
A.
Delineation
Of District. The Main Street Overlay District shall be as delineated
in Section 405.195(A)(4)( b) of the Municipal Code of the City of
Warrenton.
B.
Balconies
In The Main Street Overlay District.
2.
Obstructing Or Damaging Pavement, Curbing Or Sidewalk. The construction
of balconies over public sidewalks, including balconies with load-bearing
columns anchored to sidewalks, will be allowed within the Main Street
Overlay District subject to the requirements and conditions contained
in Subsection (B)(4) hereof.
3.
Balconies may have load-bearing columns anchored to public sidewalks
providing that the following standards are met:
a.
Construction Standards:
(1)
The design of all structural components of the balcony, including
supports and attachments to the main building, shall be performed
by an architect and civil engineer registered by the State of Missouri.
(2)
Structural loads used in the design of these structures shall
comply with the City's current Building Code.
(3)
Minimum clearances provided in a public way shall be reviewed
by the Building Department on a case-by-case basis but shall in no
case be less than eight (8) feet vertical clearance between the lowest
point of projection and the highest point of the sidewalk. In addition,
the horizontal clearance shall in no case be less than otherwise provided
in the Building Code or for accessible routes provided for persons
with disabilities.
(4)
Design of any structural load-bearing column shall conform to
one (1) of the following:
(a)
Protection from impact shall be provided from the anchor point
up to four (4) feet above the highest point of the sidewalk.
(b)
Design of the structure shall include sufficient strength of
the structure to withstand the removal of any one (1) of the supporting
columns. The load basis for this strength shall be only designed for
a load combination of dead load plus one-half (1/2) live load.
(5)
Design of any structural load-bearing columns shall include
footings capable of supporting all design live loads and combinations,
including wind load uplifts.
(6)
For each elevated floor or porch surface, a bottom rail or curb
shall be provided that will reject the passage of a two-inch ( 51
mm) diameter sphere.
b.
Before a building permit shall be issued, each proposed balcony must
be approved by the Board of Aldermen after a public hearing and after
consideration of the following criteria:
(1)
Review and recommendation of the proposal by the Warrenton Downtown
Association.
(2)
The design of new balconies should be based on the architectural
character of the building. If the balcony contributes to the historic
character of the building, every effort should be made to maintain
and preserve it.
(3)
Historic photos of downtown will give clues to the most appropriate
balconies.
(4)
Balconies should be examined for historical significance.
(5)
Historic elements should be repaired using durable materials
similar to or superior to the original.
(6)
Missing or inappropriate elements should be replaced with balconies
appropriate in scale, proportion, form, color selections and materials.
(7)
Construction must comply with local building codes regulating
minimum clearance, maximum overhang and use of post supports in front
of the building.
c.
The applicant shall submit the required certified drawings, names
and addresses of adjacent property owners, renderings and/ or photographs
that will allow the review committee to evaluate the request. In addition
to the building permit fee, a $300.00 publication deposit will be
retained to cover costs of the public hearing notice. Any balance
shall be refunded or collected.
C.
Main
Street Overlay District Property Maintenance Requirements.
1.
Purpose; Application. The Main Street Overlay District ( the "District") is the historic downtown of the City of Warrenton, and the Board of Aldermen hereby find that in order to safeguard and preserve the character, buildings and structures located within the District, the following sections of the 2015 International Property Maintenance Code shall apply within the District, in addition to the Property Maintenance Code requirements set forth in Section 500.350 of the City's Municipal Code:
a.
304. 2 Protective Treatment. Exterior surfaces, including,
but not limited to, doors, door and window frames, cornices, porches,
trim, balconies, decks and fences, shall be maintained in good condition.
Exterior wood surfaces, other than decay-resistant woods, shall be
protected from the elements and decay by painting or other protective
covering or treatment. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. Siding and masonry joints, as well
as those between the building envelope and the perimeter of windows,
doors and skylights, shall be maintained weather resistant and watertight.
Metal surfaces subject to rust or corrosion shall be coated to inhibit
such rust and corrosion, and surfaces with rust or corrosion shall
be stabilized and coated to inhibit future rust and corrosion. Oxidation
stains shall be removed from exterior surfaces. Surfaces designed
for stabilization by oxidation are exempt from this requirement.
b.
304.6 Exterior Walls. Exterior walls shall be free from
holes, breaks, and loose or rotting materials; and maintained weatherproof
and properly surface coated where required to prevent deterioration.
c.
304. 8 Decorative Features. Cornices, belt courses,
corbels, terra cotta trim, wall facings and similar decorative features
shall be maintained in good repair with proper anchorage and in a
safe condition.
d.
304. 11 Chimneys and Towers. Chimneys, cooling towers,
smoke stacks, and similar appurtenances shall be maintained structurally
safe and sound, and in good repair. Exposed surfaces of metal or wood
shall be protected from the elements and against decay or rust by
periodic application of weather-coating materials, such as paint or
similar surface treatment.
e.
304. 13 Window, Skylight and Door Frames. Every window,
skylight, door and frame shall be kept in sound condition, good repair
and weathertight.
(1)
304. 13. 1 Glazing. Glazing materials shall be
maintained free from cracks and holes.
f.
304.9 Overhang Extensions. Overhang extensions, including,
but not limited to, canopies, marquees, signs, metal awnings, fire
escapes, standpipes and exhaust ducts, shall be maintained in good
repair and be properly anchored so as to be kept in a sound condition.
Where required, all exposed surfaces of metal or wood shall be protected
from the elements and against decay or rust by periodic application
of weather-coating materials, such as paint or similar surface treatment.
2.
Property Improvement Plan.
a.
Within 10 days of notification of a violation of the Main Street
Overlay property maintenance requirements, an owner of a building
or structure may submit a property improvement plan to the City setting
forth the applicant's plan to improve the property and bring the property
into compliance with the City's Municipal Code. The City Administrator
shall consider the following when reviewing a property improvement
plan:
b.
Upon approval of a property improvement plan, the City shall stay
enforcement of the property maintenance requirements detailed in the
property improvement plan as long as the property is in compliance
with the City-approved property improvement plan, except that nothing
herein shall limit the City from taking any action for violations
that pose an immediate risk to the health, safety or general welfare
of the public.
3.
Violation And Penalty. Any person who shall violate provisions of
this Article and the codes adopted herein or shall fail to comply
with any of the requirements thereof or who shall perform work in
violation of an approved plan or directive of the Building Commissioner
or of a permit or certificate issued under the provisions of these
codes shall be guilty of a misdemeanor punishable by a fine and court
costs of not more than two hundred dollars ($200.00) or by imprisonment
not exceeding ninety (90) days, or both such fine and imprisonment.
Each day that a violation continues shall be deemed a separate offense.
The following conditions shall apply to property maintenance violations:
a.
For property maintenance violations committed within a twelve- month
period beginning with the first violation: two hundred dollars ($200.00)
for the first property maintenance violation, two hundred seventy-five
dollars ($ 275.00) for the second property maintenance violation,
three hundred fifty dollars ($350.00) for the third property maintenance
violation, and four hundred fifty dollars ($450.00) for the fourth
and any subsequent property maintenance violations.
b.
The court may only sentence a person to confinement for violations
endangering the health or welfare of others.
D.
Public
Festivals Within The Main Street Overlay District.
[Ord. No. 2526, 7-7-2020; Ord.
No. 2585, 2-16-2021; Ord. No. 2778, 8-1-2023]
1.
Purpose. It is the purpose of this Section to promote festivals/events
within the Main Street Overlay District by providing a uniform planning
and permitting process to assist sponsors and City staff in allocating
available City resources. Conditions in festival/event permits are
imposed in the interest of public health, safety, welfare, convenience
and economic impact; to provide for fees and charges as authorized
by the Board of Aldermen; and to administer the permit process.
2.
APPLICANT
FESTIVAL/EVENT
PERMIT
SPONSOR
VENDOR
Definitions. For purposes of this Section, the following terms
shall be defined as follows, unless a different meaning is expressly
stated:
The individual person who completes the application and who
shall act as the primary contact and responsible party for the festival/event.
An event held in a fixed location on City property or City
right-of-way, which the general public may attend. Festival/event
includes arts and craft shows, outdoor barbeques, carnivals, circuses,
dances, entertainment activities, exhibitions, fairs, flea markets,
shows, or other similar events. Not included in this definition of
festival/event are the temporary closure of streets for parades, running
events or events exclusively involving political or religious activity
or events intended primarily for the communication or expression of
ideas where no vendor activities are involved and which are protected
under the First and Fourteenth Amendments.
The permit issued by the Board of Aldermen.
The group or individual who is listed on the permit application
as one (1) of the responsible parties for the festival/event.
Any individual, firm, or organization who sells goods or
services at a festival/event, including but not limited to concessions,
food counters, and booths for the sale of crafts, memorabilia, souvenirs,
services, or other similar items.
3.
Permit Required.
a.
Any person or group desiring to conduct or sponsor a festival/event
within the Main Street Overlay District shall first apply for a permit
under this Section. Applications shall be submitted at least thirty
days (30) days prior to the proposed date of the festival/event to
allow adequate time for review of the application and event planning.
The Board of Aldermen shall issue or deny a permit prior to the event
date.
b.
Applicants for festival/event permits under this Section must
file with the City Clerk or his/her designee a completed application
form, which shall include, but not be limited to, the following information:
(1)
The name(s) of the applicant(s), who will be organizing
the festival/event;
(2)
The phone number and permanent address or business
address of the applicant;
(3)
A description of the nature of the event and goods
or services which will be sold at or during the event;
(4)
The starting time of setup and preparation for
the festival/event and the time of cleanup will be completed at the
conclusion of the event, including the requested time and locations
for street closures;
(5)
A drawing indicating the location where the festival/event
is to occur to include the location of proposed street closures, intended
uses of existing and proposed grounds, structures, and parking areas;
(6)
Indicating that there are adequate recycling and/or
waste-collection services provided;
(7)
Whether there are sufficient crowd-control measures,
including accessibility for ingress/egress, and emergency access for
public safety personnel;
(8)
A refundable five hundred dollar ($500.00) deposit
ensuring adequate cleanup of the event area;
(9)
Any other relevant information required by the
City.
c.
An application is not considered complete until all relevant
information and payment are received.
d.
A permit issued under this Section shall be valid only for the
time period approved by the Board of Aldermen and vests no permanent
rights in the applicant.
4.
Administration.
a.
The City shall establish a permit application form and publish
such forms on the City's website. Upon receipt by the City Clerk of
a complete application for a new festival/event, the application shall
be immediately sent to all pertinent City departments for review,
comments, and recommendations.
b.
In acting on an application, City staff shall state findings
and conclusions on the following matters of public record:
(1)
Whether the information contained in the application
required by this Section is complete, whether it is incomplete and
has not been addressed after being advised by the City, or contains
misleading or false information;
(2)
Whether there is adequate traffic management based
on the time, place, or size of the proposed festival/event, including
its impact on businesses and residential areas contiguous to the proposed
event location, including the assembly area(s) around the proposed
area; whether it will unreasonably interfere with the safe and expeditious
movement of pedestrian and vehicular traffic, ingress or egress to
or use of adjoining private property, or unreasonably disrupt, the
use of a street when it is usually subject to significant traffic
congestion;
(3)
Whether there are sufficient crowd-control measures,
including accessibility for ingress/egress, and emergency access for
public safety personnel;
(4)
Whether the proposed festival/event would present
an unreasonable danger to the health or safety of participants or
other members of the public, or cause damage to public or private
property;
(5)
Whether the conduct at the proposed festival/event
would require the assignment or deployment of sworn members of the
Police Department resulting in a substantial public service being
delivered by that Department and the anticipated costs for such deployment
needed to protect public health and safety, persons, and property;
(6)
Whether a permit has already been approved for
a time and approximate location within ninety (90) days of the proposed
event, or would unreasonably interfere with another festival/event
for which a permit has been issued, or a City-sponsored event;
(7)
Whether there is adequate recycling and/or waste-collection
services to be provided;
(8)
Whether the applicant has previously violated the
provisions of a similar permit or has violated City ordinances, or
any other regulations in connection with a previous planned event
in the City;
(9)
Whether there are any other permit conditions necessary
to protect the public health, safety, and welfare of the City and
its residents.
5.
Approval, Denial Or Modification Of Application.
a.
The Board of Aldermen may approve, deny, modify, or condition an
application for a festival/event permit based on the criteria set
forth above. The Board of Aldermen may include in a festival/event
permit, among other provisions, terms or conditions, including, but
not limited to:
(1)
Time, place, and manner of the event;
(2)
Compliance with health and sanitary regulations;
(3)
Provision of emergency services, security, and other services
deemed necessary by the City for health, safety, and welfare purposes;
(4)
Conditions necessary to mitigate the impact and inconvenience
caused to businesses affected by the festival/event; and
(5)
Deposit or payment of or reimbursement for City costs associated
with the event.
6.
In addition to the reasonable terms and conditions that may
be included in a festival/event permit, a festival/event permit shall
ensure that:
a.
No fee may be charged nor donations solicited for admission
to the festival/event area located within the Main Street Overlay
District. This condition does not prevent the event sponsor from collecting
vendor fees and charges, or allowing the sale of goods and services
at the event, or soliciting or allowing the solicitation of donations
for support of non-profit organizations in a manner such that the
solicitation would not reasonably be construed by the general public
as a charge or donation for admission.
b.
The event sponsor is responsible for all equipment setup and take-down,
litter and garbage cleanup and disposal at the event venue, and prompt
removal of all event equipment and site cleanup at the conclusion
of the event.
c.
No stakes, pegs, or other affixed hardware may be placed into City
property or rights-of-way unless such activity is specifically allowed
under the permit.
d.
The sponsor of a festival/event shall make provisions for the free
exercise of speech at the event. If the sponsor intends to impose
any manner and location restrictions on the free exercise of speech
at the event the restrictions must be submitted, in writing, with
the application and must include a statement as to how the free exercise
of speech will be accommodated. Any manner and location restrictions
imposed by the sponsor must comply with those clearly set forth in
the permit.
e.
Each festival/event at which food is sold or served shall propose
a method of notifying event vendors and attendees that only service
animals are allowed in areas where food is prepared and served. Sponsors
will be presumed to have provided adequate notice by prominently placing
in or adjacent to all areas where food is sold or served signs which
state "No animals other than service animals allowed in food sales,
serving, and preparation areas."
f.
The City may condition any permit on a requirement that the sponsor
give written advance notice and provide a written mitigation plan
for the festival/event and its probable economic impact on businesses
located in close proximity to the festival/event.
g.
Additional permits and licenses may be required for festivals/events
to meet the conditions established by the permit or other City, Warren
County, or State of Missouri codes, including food permits, liquor
licenses and business licenses for vendors.
7.
Each permit authorized to be issued by the Board of Aldermen
shall contain the following information:
a.
Date(s) and hours of the approved festival/event;
b.
Geographic boundaries of the approved festival/event location
and road-closure locations;
c.
Required conditions and/or restrictions;
d.
Festival/event permit number; and
e.
Any other conditions deemed appropriate by City staff for the conduct
of the festival/event and the enforcement of this Section.
f.
The sponsor or his/her authorized representative shall be on-site
during the festival/event, and a copy of the permit shall be displayed
at the event venue in a manner visible to a City official and shall
be exhibited upon demand by any City official.
g.
No permit issued under this Section shall be transferable or assignable.
8.
Appeal Of Denial Or Revocation Of Permit. Any person aggrieved
by the denial, conditional approval or revocation of a permit shall
have the right to petition the Board of Aldermen for reconsideration.
Such appeal shall be taken by filing with the City Clerk within fourteen
(14) days after notice of the action complained of has been mailed
to such person's last known address, a written statement setting forth
fully the grounds for the appeal. The Board of Aldermen shall set
a time and place for a hearing on such appeal, and notice of such
hearing shall be given to the person in the same manner as provided
for in this Section.
9.
Fees And Charges. The permit is for the use of City property
and the provision of City services associated with the event. Any
person, firm, or organization who sponsors a festival/event within
the City must also:
a.
Pay all City property usage fees in accordance with applicable code
or fee schedules adopted by the Board of Aldermen;
b.
Obtain all applicable State, County and City permits and licenses
and pay associated fees;
c.
Apply for and receive approval for City utility services or usage
of City utilities in advance of the festival/event and pay associated
usage charges and fees in accordance with City billing policies and
practices, and pay the City's commercial customer fees for City utility
services provided to the festival/event;
d.
Reimburse the City for actual costs of City personnel, services,
and supplies required as a direct result of the sponsor's failure
to comply with permit conditions for the event within forty-five (45)
days of the date of issuance of invoices for such by the City.
10.
Waiver Of Fees And Charges.
a.
The Board of Aldermen may waive all or any portion of the following
fees and charges for a sponsor, if the Board of Aldermen finds that
the festival/event will not cause a significant disruption in the
delivery of normal City services and the festival/event is of sufficient
public benefit to warrant the expenditure of City funds without reimbursement
by the sponsor:
b.
The Board of Aldermen's decision to deny a request for waiver of
fees or costs may be appealed as directed in this Section. The Board
of Aldermen shall take reasonable steps to determine the approximate
cost of all City services provided to festivals/events without charge.
11.
Hold Harmless. As a condition of the issuance of any permit under
this Section, the applicants and sponsors shall agree to defend, indemnify
and hold harmless the City, its officers, employees and agents, for
any and all suits, claims or liabilities caused by, or arising out
of, any use or activity authorized by any such permit.
12.
Insurance Requirements. The sponsor shall provide general liability
insurance naming the City as an additional insured. Limits and terms
of acceptable coverage will be determined as recommended by the City
Administrator and set forth in the festival/event permit. Certificates
of insurance are to be submitted to the City for approval prior to
the issuance of the permit.
13.
Revocation Of Permit. Any permit issued under this Section may be
summarily revoked by the Chief of Police at any time when, by reason
of weather, disaster, pandemic, public calamity, riot, or other emergency
or exigent circumstances, the Chief of Police determines the safety
of the public or property required such immediate revocation. The
City Administrator may summarily revoke any permit issued pursuant
to this Section if the City Administrator finds that the permit has
been issued based upon false information or when the permittee exceeds
the scope of the permit or fails to comply with any condition of the
permit. Notice of such action revoking a permit shall be delivered,
in writing, to the sponsor by personal service or by posting at City
Hall if personal service cannot be achieved.
[1]
Editor’s Note: This ordinance repealed former Section
500.080, Downtown Commercial Historic Area (DCHA), adopted and/or
amended by Ord. No. 1571, 12-6-2005, and as further amended.
[Ord. No. 2742, 2-7-2023]
Pursuant to Section 260.295, RSMo., the City will not recognize any provision from any code adopted by the City, including the International Building Code, 2015 Edition (Section 500.100); International Existing Building Code, 2015 Edition (Section 500.130); National Electric Code, 2014 Edition (Section 500.160); International Plumbing Code, 2015 Edition (Section 500.190); International Fuel Gas Code, 2015 Edition (Section 500.220); International Mechanical Code, 2015 Edition (Section 500.250); International Energy Conservation Code, 2015 Edition (Section 500.280); International Residential Code, 2015 Edition (Section 500.310); International Maintenance Code, 2015 Edition (Section 500.340); International Private Sewage Disposal Code, 2015 Edition (Section 500.370); International Fire Code, 2015 Edition (Section 500.400); and the International Swimming Pool and Spa Code, 2015 Edition (Section 500.440) that prohibits the use of refrigerants approved for use under the provisions of 42 U.S.C. Section 7671k, or the regulations promulgated thereunder, provided any related equipment is installed in accordance with the provisions of 42 U.S.C. Section 7671k, or the regulations promulgated thereunder.
[1]
Editor's Note: Former Section 500.090, Violation and Penalty,
adopted and/or amended by Ord. No. 1341, 9-16-2003, and as further
amended, was repealed by Ord. No. 2505, 1-21-2020.
