City of Crystal Lake Park, MO Chapter 505 General Construction Provisions

Section 505.010 Fences.

[CC 1995 §505.010; Ord. No. 126 §§1 — 6, 4-7-1973; Ord. No. 319 §1, 3-11-1996]

A. Any property owner or lessor of property desirous of constructing a fence in accordance with this Section shall be required to secure a building permit from the Building Commissioner.

B. All fences shall be at least twenty-five percent (25%) visually open when viewed along a line perpendicular to said fence, except as hereinafter provided. The finished side of fences must face out or fences must be double-sided, except as hereinafter provided. No chain link fences shall be allowed except as specific enclosures for swimming pools or dog runs, said dog runs not to exceed an area of two hundred (200) square feet maximum. The maximum height of any fence, except as outlined in Subsection (C) hereof, shall be forty-eight (48) inches.

C. Privacy fences may be built to enclose a patio as long as they do not exceed one-half (½) perimeter of the patio not including that portion of patio adjoining house. The maximum height of a privacy fence shall be seventy-two (72) inches and privacy fences are not required to be visually open.

D. Fences erected on side lot lines may not extend in front of the front building line.

E. No fences parallel to the front building line will be allowed in front of said line.

F. Fences existing as of June 1, 2019, that do not comply with these regulations may remain as legal non-conformities and may be repaired or replaced as provided in this Subsection.

[Ord. No. 596, 9-23-2019]

1. Legal non-conforming fences may be maintained and repaired without obtaining a permit.

2. Up to twenty-five percent (25%) of the total length of a damaged legal non-conforming fence may be replaced; provided that: (a) the owner shall obtain a permit, and (b) the owner shall not be permitted to replace the entire fence with subsequent fence permits seeking to incrementally replace the entire fence. Any replacement of a legal non-conforming fence in excess of twenty-five percent (25%) of the total length of the fence shall be subject to Subsections (F)(2) and (3) hereof.

3. A legal non-conforming fence may be replaced with another fence of similar design, materials, and color, or with a dissimilar non-conforming fence, provided a building permit is obtained after review and approval in accord with Chapter 423 of this (Code Architectural Review Board). Any replacement fence approved pursuant to this Section shall be considered a legal non-conforming fence.

4. Notwithstanding anything herein to the contrary: (a) a legal non-conforming fence consisting of chain link or wire mesh may not be replaced with anything other than a conforming fence or a non-conforming fence approved in accord with Chapter 423 of this Code (Architectural Review Board), and (b) the replacement of a legal non-conforming fence shall conform to the location requirements of Subsections (D) and (E) hereof and the height limitation of Subsection (C) hereof, but the height limitation shall not apply to permitted privacy fences.

5. Any non-conforming replacement fence approved as provided herein shall be considered a legal non-conforming fence.

6. Any administrative determination made by a City officer under this Section maybe appealed to the Architectural Review Board.

G. Privacy fences adjacent and parallel to Two Mile Creek south of Country Club Drive may be:

1. Seventy-two (72) inches high;

2. The unfinished side may face the creek; and

3. Are not required to be visually open.

Section 505.015 Retaining Walls.

[Ord. No. 352 §1, 10-8-2001]

A. Any property owner or lessor of property desirous of constructing a retaining wall in accordance with this Section shall be required to secure a building permit from the Building Commissioner and shall be required to meet before the Planning and Zoning Board.

B. No retaining wall shall be constructed within five (5) feet of any property line along any City street or along any driveway not part of the requesting property owner's property.

C. No retaining wall shall have a height greater than thirty (30) inches.

Section 505.020 Construction Company Building Regulations.

[CC 1995 §505.020; Ord. No. 138 §§1 — 4, 5-7-1974]

A. Definitions. A construction and/or storage office building shall be used for the purpose of administrating the construction of a product or products as defined on the building permit for the said product or products. The office building may also be used as the only means of inside storage of materials and tools on the site. The office building may not be used as a sales or promotional office.

B. Limitations. The gross floor area of the office building shall not exceed four hundred twenty (420) square feet, measured from outside wall surface to outside wall surface. A mobile trailer may be used, providing it meets all requirements of this Section. The office building must be painted and shall remain in good repair for the duration of its use. The Building Commissioner shall require a complete description of the office building prior to issuance of a permit. He/she may require a drawing showing all views of the office building. If the office building shall become in a state of disrepair, the Building Commissioner may order it repaired. If the repairs are not completed in seven (7) days after notice to repair, the Building Commissioner may order the office building removed from the site. The location of the office building on the site shall be approved by the Building Commissioner.

C. Permits. A permit shall be required prior to moving an office building onto the site. The permit shall be issued by the Building Commissioner and shall be valid for six (6) months from the date of issuance, at which time the permit must be renewed or become invalid.

D. The initial fee for moving an office building onto the site shall be fifty dollars ($50.00). A renewal fee of twenty-five dollars ($25.00) will be required for each renewal.

Section 505.030 Real Estate Signs.

[CC 1995 §505.030; Ord. No. 143 §§1 — 2, 1974]

A. No person or persons, company or corporation shall place or cause to be placed on public or private property within the City of Crystal Lake Park any sign pertaining to the sale of real estate, except one (1) standard-sized "For Sale" sign not to exceed twenty-four (24) inches by thirty-six (36) inches is allowed on the property being offered for sale. One (1) "Open" sign is permitted on said property only during the hours the owner or his/her agent is actively soliciting prospective buyers.

B. If any person or persons, company or corporation be found guilty of violating this Section, he/she shall be judged guilty of a misdemeanor and said person or persons, company or corporation shall pay a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each violation of said ordinance. Each sign in violation of this Section shall constitute a separate offense.

Section 505.040 Excavation and Obstruction of Streets — Regulations.

[CC 1995 §505.040; Ord. No. 229 §§1 — 4, 5-5-1986]

A. It shall be unlawful for any person, persons, firm or corporation to tear up, excavate, destroy or deface any part of any street, alley, public highway or thoroughfare, or undertake any excavation upon public or privately owned property within the City of Crystal Lake Park, for the purpose of constructing any sewer, water pipe, drain, septic tank or for any other purpose whatsoever without first obtaining a permit for the same from the Street Commissioner of the City of Crystal Lake Park. The Street Commissioner may fix and require the deposit of a sum of money to guarantee full restoration of the premises in such amount as the Street Commissioner shall determine.

B. No public street, alley, highway or thoroughfare shall be obstructed in any way by barriers, building materials, dirt, excavations or similar obstacles without the prior written authorization of the Street Commissioner. Such authorization by the Street Commissioner may be conditioned upon such person or persons responsible for such obstacles erecting suitable signs, warnings and retaining walls and placing appropriate warning lights at the location of such obstacles so as to prevent any danger to the public safety.

C. Any person, persons, firm or corporation violating any of the provisions of this Section by doing any of the acts herein declared to be unlawful shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00); provided however, that each day that such violation of any provision of this Section continues shall be deemed a separate offense.

Section 505.050 Seismic Design and Construction.

[CC 1995 §505.050; Ord. No. 278 §1, 1-14-1991]

New construction and alterations within the City of Crystal Lake Park will comply with the standards for seismic design and construction of the Building Officials and Code Administrators Code in compliance with Sections 319.200 to 319.207, RSMo.

Section 505.060 Erosion Barriers and Cleaning Mud and Debris.

[CC 1995 §505.060; Ord. No. 322 §1, 10-14-1996]

A. Any person performing construction, excavation, grading or any similar activity in the City shall be required, on any lot or property upon which a building, tennis court or swimming pool is constructed, or upon which excavation or grading is performed, to erect an erosion barrier to prevent water, mud, silt and soil from flowing off the lot or property.

B. Erosion barriers shall be constructed of staked straw bales with plastic perimeter fencing or similarly or more effective materials and method.

C. If any water, mud, silt, soil or other debris, including, but not limited to, any construction materials, does flow or emanate from a construction site, or trucks from a site, the person or persons responsible for such construction shall wash, clean or sweep on a daily basis any adjacent or other streets, alleys, parking lots or other properties onto which such matter has come to rest or over which it is flowing or has flowed.

Section 505.070 Construction and Excavation of Municipal Roads and Streets.

[Ord. No. 366 §1, 2003; Ord. No. 388 §1, 11-13-2006]

A. No person shall make or cause to be made or help, aid or assist therein any excavation on any public street, highway, alley or other public place or any easement or right-of-way without first having make application to the Street Commissioner for a permit for such excavation and receiving from the Director of Public Works a written permit therefor. The applicant shall pay a filing fee in the amount of one hundred dollars ($100.00) to the Street Commissioner. The amount of the filing fee may be adjusted by the Board of Aldermen from time to time to reflect the average cost of the actual time expended in the administration, inspection and superintendence of the excavation and restoration work.

B. Before such permit is issued, the applicant shall deposit with the City Clerk a sum of cash and shall file with the City Clerk a continuing bond with good and sufficient sureties payable to the City, both conditional upon the faithful performance of all the requirements of the permit and the law, the restoration of the public street, highway, alley or other public place, easement or right-of-way in as good a condition as it was before the excavation was made. The amount of the deposit and bond shall be sufficient, in the judgment of the Street Commissioner, to ensure the faithful performance of such conditions and in no case shall the deposit be less than the degradation amount provided for in this Section nor the bond be less than two thousand five hundred dollars ($2,500.00). All cash so deposited shall be kept in a special fund in the City depository and shall be repaid after all deductions, if any, have been made by the City Clerk to satisfy such conditions and pay a degradation amount to the City equal to the number of square feet of the excavation cut multiplied by one dollar fifty cents ($1.50). The degradation amount may be adjusted by the Board of Aldermen from time to time to reflect changes in the average cost to repair or maintain a public street, highway, alley or other public place, easement or right-of-way earlier than would be required if the excavation or disturbance had not occurred and caused accelerated depreciation. Upon completion of the work to the satisfaction of the Street Commissioner, the Street Commissioner shall authorize the termination of the bond.

C. If the excavation work is not commenced within thirty (30) days after the issuance date of the permit or if the work is suspended or substantially abandoned for a period of thirty (30) days after the time of commencing the work, the permit shall become invalid unless an application to extend this time is received prior to the expiration of the period and the Street Commissioner grants a time extension for good cause. All excavation work must be completed by the expiration date specified in the permit, which shall be set based upon the amount of time the Street Commissioner deems necessary to complete the excavation work, provided that the Street Commissioner may grant an extension of the expiration date for good cause. The permit and all approved plans and specifications shall be available at the excavation site at all times and shall be produced for the Street Commissioner and/or the Director of Public Works upon request.

D. If said excavation exceeds four (4) feet lineally (as measured along the street) and said excavation extends into the street more than forty percent (40%) of the width of the street (as measured from the curb) or is greater than forty (40) square feet in total, then as a term of approval of said excavation, the remaining width of the street, in an equal lineal width, must be removed to a minimum depth of three (3) inches and resurfaced to the same specifications as that portion of the street to be excavated.

E. If the total surface area of said excavation exceeds forty (40) square feet, then as a term of approval of said excavation, the remaining surface of the street on said block, from the point of the perpendicular curb at each end of the block, must be removed to a minimum depth of three (3) inches and resurfaced to the same specifications as that portion of the street to be excavated.

F. Upon notice from the Street Commissioner that the excavation work is being prosecuted contrary to the permit or in an unworkmanlike or unsafe manner, such work shall immediately stop. The stop work order shall be in writing and shall be given to the person doing the work or posted at the work site.

G. The Street Commissioner is authorized to adopt and promulgate rules and regulations to interpret and implement the provisions of this Section to secure the intent thereof and to promote the public health, safety and general welfare.