Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Brentwood, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[R.O. 2009 §25-143; Ord. No. 2739 §43-99.1, 5-20-1985]
No building shall be constructed, reconstructed or structurally altered, nor shall any such work be started until a building permit for the work has been issued by the Building Official. The application for a building permit shall be in the name of the person for whom the work or construction is to be done. Building permits shall expire one (1) year after date of issuance. Application for renewal must be made by the applicant upon expiration unless substantial construction has been initiated and is being pursued diligently toward completion.
[R.O. 2009 §25-144; Ord. No. 2739 §43-99.2, 5-20-1985]
A. 
The application shall be prepared on forms provided by the Department of Planning and Development and available in his/her office. The application shall be signed by the applicant and shall state his/her name and address.
B. 
In addition to the specific requirements in this Section, every application for a building permit shall further comply with all applicable provisions of the Building Code as well as pertinent Sections of the City's other technical codes. The Zoning Administrator shall issue regulations requiring such other information as may be necessary to determine compliance of the application with this Article and a copy of the applicable provisions from the Building Code and said regulations shall be available in the Department of Planning and Development.
C. 
All applications for building permits shall be accompanied by three (3) copies of engineering and/or architectural plans and specifications for commercial applications and two (2) copies for residential applications, drawn to an appropriate scale. The plans shall be sufficiently detailed to allow the determination of compliance with all relevant City codes, ordinances and regulations and shall show the proposed site improvements, including all new construction and reconstruction, structural alteration or repair of existing structures. In addition, the plans shall indicate the shape and dimensions of the lot to be built upon, the exact size and location on the lot of existing structures and the lines within which the buildings or structures shall be erected or altered, the existing and intended use of each building or part of building, the number of families the building is designed to accommodate if a residence or apartment, the number of persons the building is designed to accommodate for each separate use or non-residential function and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Chapter. The Building Official shall forward one (1) copy of the building permit application to the Zoning Administrator for his/her review. One (1) copy of such plans shall be returned to the owner, upon approval, by the Building Official.
D. 
All dimensions shown on those plans relating to the location and size of the lot to be built upon shall be related to known, accepted street or property lines. The Director of Planning and Development or the Commission may require that the lot and the location of the building thereon shall be staked out on the ground before construction is started.
E. 
At the time a building permit is issued, the applicant shall pay the City a fee in accordance with the schedule of fees established by the Board of Aldermen. The fee shall be paid in the office of the City Clerk/Administrator.
F. 
For any construction, reconstruction or structural alteration valued at fifty thousand dollars ($50,000.00) or more, the Building Official shall not issue a building permit until a performance bond or escrow agreement to cover the cost of completion of improvements has been filed with the City Clerk/Administrator in a form and with a company approved by the City Attorney.
[R.O. 2009 §25-145; Ord. No. 2739 §§43-75.1 — 43-75.2, 5-20-1985]
A. 
Prior to the issuance of any building permit for the construction or improvement of a parking or loading area subject to this Section, a suitable parking site and landscape plan shall be submitted to the Planning and Zoning Commission indicating the landscaping, as well as the parking layout, proposed drainage on the premises, proposed lighting on the premises and all driveways extending beyond the property line into the public right-of-way.
B. 
The landscaping plan shall be prepared by a qualified architect or landscape architect and shall meet with the approval of the Commission which shall review the proposed parking area and its landscaping to ascertain that the plan will promote and facilitate the objectives of this Section. Any deviation from the approved plan shall constitute a violation of this Chapter. Plans shall be drawn to an accurate scale and shall show the layout of the lot entrances and exits, drainage provisions, lighting provisions, surfacing, curb barriers and location and type of landscaping, including by name and size the types of trees, hedges, shrubs and plants to be used. This required parking site and landscape plan may be incorporated and made part of a site plan submitted in accordance with other zoning district requirements and Division 9 of this Article.
C. 
Any application for a building permit for the construction of a parking or loading facility shall be accompanied by a parking site and landscape plan to be reviewed and approved, if appropriate, by the Planning and Zoning Commission. Such application shall be accompanied also by detailed construction plans and specifications of the planned improvements and a statement regarding the proposed methods of maintenance and operation.
[R.O. 2009 §25-146; Ord. No. 2739 §43-99.3, 5-20-1985]
A. 
The Zoning Administrator shall review the building permit application and determine that it complies with all applicable submission requirements and all applicable City ordinances relating to the development of land and shall return the application with his/her recommendations to the Building Official.
B. 
If an application is refused by the Building Official for the reason that the application fails to satisfy the applicable requirements of this Zoning Code and other City ordinances, the applicant may appeal to the Board of Adjustment in accordance with the provisions of Division 7 of this Article.
[R.O. 2009 §25-147; Ord. No. 2739 §43-100.1, 5-20-1985]
No person shall occupy, nor shall any owner or agent thereof permit the occupancy of any building or addition thereto or part thereof, for any purpose until a certificate of occupancy has been issued. The certificate of occupancy so issued shall state that the occupancy complies with this Chapter and all other applicable provisions of this Code including, but not limited to, the Building Code and all other safety codes.
[R.O. 2009 §25-148; Ord. No. 2739 §43-100.2, 5-20-1985]
A. 
Whenever the sale of a building results in a change in the occupant, or whenever premises are rented to an occupant, or whenever there is a change of use of the premises, the occupant shall be required to apply for and receive a certificate of occupancy in accordance with the provisions of this Article and all other applicable ordinances and regulations of the City or other public jurisdiction having jurisdiction over some aspect of the development such as fire protection, sewers, etc.
B. 
An application for a certificate of occupancy shall be filed in the office of the Building Official. At the time the application is filed, the applicant shall pay the requisite fee. Notice of such charges shall appear on all occupancy permit applications.
C. 
Certificates of occupancy may be issued upon application by landlord or owner of property and the Director of Planning and Development may make periodic inspections of such property.
D. 
Conditional Occupancy Permit.
1. 
A conditional occupancy permit may be issued by the Director of Planning and Development if, in the Director's sole discretion:
a. 
Any deficiency or non-compliance with this Code would not seriously endanger the health or safety of the occupants or the community; and
b. 
The occupant has made to the City a sufficient cash deposit to ensure completion of the work and corrections and repairs of all conditions in violation of City ordinance; and
c. 
The occupant has entered into an agreement setting forth deadlines for the work to be done, the expiration date of the temporary occupancy permit, and the conditions upon which the City may utilize the cash deposit to perform the work to correct and repair defects; and
d. 
The occupant has already submitted all applications and plans to the City and has obtained building permits, approvals of the Planning and Zoning Commission, Architectural Review Board, Board of Aldermen, and all other required governmental approvals from the City for the work.
2. 
No conditional occupancy permit shall be issued for a period exceeding one hundred twenty (120) days. However, a conditional occupancy permit may be extended only once for a period not to exceed sixty (60) days if the Building Commissioner finds that:
a. 
Any deficiency or non-compliance with this Chapter would not seriously endanger the health or safety of the occupants or the community; and
b. 
The occupant has made substantial progress toward bringing the property into compliance with the Municipal Code; and
c. 
All required corrections can be made within the time granted for the extension.
3. 
All required work to correct and repair the violations shall be completed prior to the expiration of the conditional occupancy permit. Immediately following the completion of the work, the occupant shall contact the City for an inspection of the work and the property.
4. 
Upon the expiration or revocation of the conditional occupancy permit, the property shall be vacated. No person shall be allowed to reside or occupy the property; however, work to correct and repair deficiencies and violations may be completed at the property only during the hours of 7:00 A.M. and 6:00 P.M. Monday through Friday, and on Saturday from 10:00 A.M. until 4:00 P.M. No audible work from the exterior is to be done on Sunday without the express permission of the Director of Planning and Development.
5. 
The amount of the cash deposit shall be, at a minimum, twenty-five percent (25%) of the estimated cost of all work required or one thousand five hundred dollars ($1,500.00) whichever is more; amounts above this minimum may be required if a higher amount is necessary to ensure the occupant's compliance with the Municipal Code and/or be sufficient to ensure that at least a portion of the violations can be corrected or repaired by the City. The Agreement between the City and the occupant shall be in the form approved by the City and must also be signed by the owner of the property (if different from the occupant). The City may require submission of contracts and other documents pertaining to the work.
6. 
The cash deposit shall be deposited by the City in a manner such that the deposit will be separately accounted for apart from other City funds. The City shall document the use, replacement, or release of such funds, as deposited by each occupant, according to generally accepted accounting principles. Occupant shall not receive any interest on the funds deposited.
7. 
The cash deposit shall only be released or utilized by the City in accordance with the terms with the Agreement and this Section.
Upon final inspection by the City and satisfactory completion of all required work by the occupant, the deposit shall be released to the occupant. Provided, however, if the Director of Planning and Development determines that the work has been timely and is substantially complete, the Director of Planning and Development may release up to ninety percent (90%) of the cash deposit to the occupant to pay contractors and third parties for the remainder of the work. The remaining ten percent (10%) shall be held until all work is completed.
In the event that the work is not timely completed or in the event that the work is defective or non-compliant with City ordinance, the City may use an occupant's deposited funds for expenses incurred to perform abatement, complete the work or otherwise ensure compliance with all applicable codes and requirements. If the City so utilizes such funds, the occupant shall be obligated to deposit a sum equal to the amount so used so as to maintain full funding of the required deposit.
8. 
Any occupant aggrieved by a decision of the Director of Planning and Development in the administration of this Section may file a written appeal to the City Administrator within ten (10) days of the decision appealed from. The City Administrator shall make a written determination of the appeal within ten (10) business days of the occupant's appeal, unless circumstances prevent a timely determination, in which case the determination shall be made as soon as reasonably possible.
In the event that the occupant believes that the City Administrator improperly denies such an appeal, the occupant may file a written appeal to the Board of Aldermen within five (5) days of the date of the City Administrator's decision.
9. 
If the occupant fails to comply with an obligation of this Section, the City shall withhold or withdraw any other permits or approvals pertaining to the occupant or the property until such non-compliance is cured.
10. 
The City may pursue any other available remedy in order to enforce its ordinance. Nothing herein shall be construed to limit the authority of the City to pursue equitable or legal remedies, abatement or other remedy available to the City.
[Ord. No. 4379 §1, 10-15-2012]
A. 
A conditional occupancy permit may be issued by the Director of Planning and Development if, in the Director's sole discretion:
1. 
Any deficiency or non-compliance with this Code would not seriously endanger the health or safety of the occupants or the community; and
2. 
The occupant has made to the City a sufficient cash deposit to ensure completion of the work and corrections and repairs of all conditions in violation of City ordinance; and
3. 
The occupant has entered into an agreement setting forth deadlines for the work to be done, the expiration date of the temporary occupancy permit, and the conditions upon which the City may utilize the cash deposit to perform the work to correct and repair defects; and
4. 
The occupant has already submitted all applications and plans to the City and has obtained building permits, approvals of the Planning and Zoning Commission, Architectural Review Board, Board of Aldermen, and all other required governmental approvals from the City for the work.
B. 
No conditional occupancy permit shall be issued for a period exceeding one hundred twenty (120) days. However, a conditional occupancy permit may be extended only once for a period not to exceed sixty (60) days if the Director of Planning and Development finds that
1. 
Any deficiency or non-compliance with this Chapter would not seriously endanger the health or safety of the occupants or the community; and
2. 
The occupant has made substantial progress toward bringing the property into compliance with the Municipal Code; and
3. 
All required corrections can be made within the time granted for the extension.
C. 
All required work to correct and repair the violations shall be completed prior to the expiration of the conditional occupancy permit. Immediately following the completion of the work, the occupant shall contact the City for an inspection of the work and the property.
D. 
Upon the expiration or revocation of the conditional occupancy permit, the property shall be vacated. No person shall be allowed to reside or occupy the property; however, work to correct and repair deficiencies and violations may be completed at the property only during the hours of 7:00 A.M. and 6:00 P.M. Monday through Friday, and on Saturday from 10:00 A.M. until 4:00 P.M. No audible work from the exterior is to be done on Sunday without the express permission of the Director of Planning and Development.
E. 
The amount of the cash deposit shall be, at a minimum, twenty-five percent (25%) of the estimated cost of all work required or one thousand five hundred dollars ($1,500.00) whichever is more; amounts above this minimum may be required if a higher amount is necessary to ensure the occupant's compliance with the Municipal Code and/or be sufficient to ensure that at least a portion of the violations can be corrected or repaired by the City. The agreement between the City and the occupant shall be in the form approved by the City and must also be signed by the owner of the property (if different from the occupant). The City may require submission of contracts and other documents pertaining to the work.
F. 
The cash deposit shall be deposited by the City in a manner such that the deposit will be separately accounted for apart from other City funds. The City shall document the use, replacement, or release of such funds, as deposited by each occupant, according to generally accepted accounting principles. Occupant shall not receive any interest on the funds deposited.
G. 
The cash deposit shall only be released or utilized by the City in accordance with the terms with the agreement and this Section.
Upon final inspection by the City and satisfactory completion of all required work by the occupant, the deposit shall be released to the occupant. Provided however, if the Director of Planning and Development determines that the work has been timely and is substantially complete, the Director of Planning and Development may release up to ninety percent (90%) of the cash deposit to the occupant to pay contractors and third parties for the remainder of the work. The remaining ten percent (10%) shall be held until all work is completed.
In the event that the work is not timely completed or in the event that the work is defective or non-compliant with City ordinance, the City may use an occupant's deposited funds for expenses incurred to perform abatement, complete the work or otherwise ensure compliance with all applicable codes and requirements. If the City so utilizes such funds, the occupant shall be obligated to deposit a sum equal to the amount so used so as to maintain full funding of the required deposit.
H. 
Any occupant aggrieved by a decision of the Director of Planning and Development in the administration of this Section may file a written appeal to the City Administrator within ten (10) days of the decision appealed from. The City Administrator shall make a written determination of the appeal within ten (10) business days of the occupant's appeal, unless circumstances prevent a timely determination, in which case the determination shall be made as soon as reasonably possible.
In the event that the occupant believes that the City Administrator improperly denies such an appeal, the occupant may file a written appeal to the Board of Aldermen within five (5) days of the date of the City Administrator's decision.
I. 
If the occupant fails to comply with an obligation of this Section, the City shall withhold or withdraw any other permits or approvals pertaining to the occupant or the property until such non-compliance is cured.
J. 
The City may pursue any other available remedy in order to enforce its ordinance. Nothing herein shall be construed to limit the authority of the City to pursue equitable or legal remedies, abatement or other remedy available to the City.