[Ord. No. 509, 8-11-2021]
A.
No building or other structure shall be erected, moved, added
to, or structurally altered without a permit, therefore, issued by
the Administrative Officer.
B.
No building permit for alteration, repair, or new construction
of any building or structure shall be issued unless the plans and
specifications show that the building or structure, and its proposed
use will be in compliance with provisions of this Title and that all
delinquent and current year City taxes have been paid. Submittal of
a copy of the tax receipt with a building permit application will
be required as proof.
C.
The failure to obtain the necessary Building Permit shall be
punishable under Section 400.350 of this Chapter.
D.
Building Permits issued on the basis of plans and applications
approved by the Administrative Officer authorize only the use, arrangement,
and type of construction set forth in such approved plans and specifications.
Any use, arrangement, or construction at variance with that authorized
shall be deemed a violation of this Chapter and shall be punishable
as provided by Section 400.350 of this Chapter.
E.
Construction work authorized by a building permit shall normally
be completed within a one-year period from the date of the permit.
Any mitigating circumstances preventing the completion within that
period shall be presented to the Administrative Officer for an extension
of time.
[Ord. No. 509, 8-11-2021; Ord. No. 544, 6-21-2023]
A.
Application for building permits shall be completed and signed
by the contractor for the project, and the individual(s) owning the
property and for whom the structure is to be built. Physical location
address or lot, block, and addition number shall be identified with
the subdivision.
B.
The following information and data is to be submitted to the
Administrative Officer for new construction:
1. A survey or verification of a previous survey, by
a professional engineer or registered land surveyor integrated with
the plot plan of the lot showing adjacent property, names of streets,
and existing utility facilities at a scale of one (1) inch to ten
(10) feet. Location and size of the proposed structure shall be at
the discretion of the owner and shall be indicated with respect to
front, side, and rear setbacks on the integrated surveyed plot plan
in compliance with dimensional requirements as set forth in Section
400.518 of this Chapter.
a. The removal of a survey pin or monument, without
replacement under the supervision of a professional engineer or registered
land surveyor, is prohibited and subject to penalties, as set forth
in Section 400.350 of this Chapter.
2. A plan that includes:
a. Proposed grading and excavation, see Section 400.620.
b. Proposed water service to the building.
c. Electric service to the building.
d. Sanitary system or sewer service line to the building.
e. Location of driveways and location and size of culvert(s),
if engineering drawings are required, costs will be at the contractor's/owner's
expense.
C.
The following information and data is to be submitted to the
Administrative Officer for remodel/repair/alterations/demolition:
1. Building permit application detailing the complete
scope of work to be done.
2. Drawings showing changes in design, square footage,
and location of work on property.
a. The sizing of culverts shall be based on terrain
and all other applicable circumstances. Driveways with a seven percent
(7%) grade or greater may be required to install one (1) of the following:
(1) Polyethylene smooth bore pipe — twelve (12)
inch inside diameter.
(2) Corrugated steel pipe — fifteen (15) inch
inside diameter.
(3) Grated steel pipe — minimum two (2) inch
grate and fifteen (15) inch inside diameter.
(4) All residential properties requiring a culvert
must install a minimum of twenty (20) feet per entrance or exit.
(5) All commercial properties requiring a culvert must
install a minimum of forty (40) feet per entrance or exit.
b. Stormwater Control. In addition to all applicable
building codes, and prior to the final occupancy permit, the condition,
surface material, grade, and stormwater drainage provisions of said
construction must be inspected and approved. No grading, driveway,
parking lot, or access way shall alter the surface water in such a
way to potentially, detrimentally affect neighboring lands, streets,
or rights-of-way. Said inspection shall be called for prior to the
final surface improvements and must be approved as to grade and sufficient
surface water management prior to gravel, concrete, asphalt or other
initial grade materials applied. Failure to do so shall result in
the withholding of the final occupancy permit and such other requirements
or modifications as the Public Works Director or his/her assignee
deem necessary to adequately control surface water runoff.
c. Driveway.
(1) All new driveways must have a permit and a street
bond, as specified in Resolution 489, available in the City Clerk's
office.
d. Location Of Septic Tank And Lateral Field.
(1) Septic tank and lateral field shall be properly
located and indicated to scale. Septic tanks shall be concrete aerated
system or other Class 1 approved tanks size one thousand (1,000) to
one thousand five hundred (1,500) gallons' capacity depending
upon the number of bedrooms.
(2) Lateral fields shall be one hundred twenty (120)
feet of lateral line per bedroom and a minimum of three hundred (300)
feet of lateral line for the system.
(3) Special circumstances may be taken into consideration
for septic systems approved by the Department of Natural Resources
and/or the Stone County Health Department by making an application
to the City Building Official.
e. Verification of the building footing shall be made
by the City Building Inspector and may require the aid of a surveyor;
costs are at contractor's/owner's expense. The final responsibility
for the placement of the building according to the City Code will
be that of the contractor/owner.
f. Off-street parking in accordance with Section 400.610.
3. Detailed construction drawings showing:
a. Floor Plan. Verify that floor plans meet the deed,
subdivision, or City living area space requirements for the specific
zoning district.
c. Plumbing and electrical layouts.
4. Detailed demolition plans showing:
a. Complete removal of structure and foundation to
a licensed landfill.
b. Backfill plan where foundation is removed.
c. Removal plan of all utilities to origin of private
service.
d. Sewer line removal plan: Sewer line to be removed
to proximity of property line and sealed with concrete or other approved
material, unless otherwise specified by authority of Building Official.
e. Water line removal plan: Water line shall be capped
immediately after the stop box. Any other location must be approved
by a Building Official.
f. Debris removal plan: All debris surrounding the
structure shall be removed with structural debris and foundation.
Contractors must use the City-contracted waste removal company for
roll off dumpsters. If using dump trucks, no roll offs are required.
5. Copy of receipt showing all currently payable delinquent
taxes have been satisfied.
6. If the building is to be used for a business of
any kind, verify that the type of business is permissible according
to this Title.
7. If a sign is to be installed, verify that the type, size, and location is permitted by Chapter
430 of this Code.
8. Any other information which the City Clerk may deem
necessary for consideration in enforcing the provisions of this or
any other ordinance of this City.
D.
The permit fee, according to Section 400.343(D), will be issued
within fifteen (15) working days after receipt of the completed required
data and information listed above. No work on the site, other than
clearing of trees and brush shall be performed until the permit has
been issued and the fee paid.
E.
If the building permit is denied on the basis of this Chapter,
the applicant may appeal the action of the Administrative Officer
to the Board of Adjustment.
[Ord. No. 509, 8-11-2021]
A.
General. A permit to begin work for new construction, alteration,
removal, demolition or other building operation shall not be issued
until the fees prescribed in the Section shall have been paid to the
City Clerk's office, nor shall an amendment to permit necessitating
an additional fee be approved until the additional fee shall have
been paid.
B.
Special Fees. The payment of the fee for the construction, alteration,
removal, or demolition for all work done in connection with or concurrently
with the work completed by a building permit shall not relieve the
applicant or holder of the permit from the payment of other fees that
may be prescribed by law or ordinances for water taps, sewer connections,
electrical permits, erection of signs and display structures, marquees
or other appurtenant structures, or fees of inspections, certifications
of use and occupancy or other privileges or requirements, both within
and without the jurisdiction of the City Building Inspection Engineer.
C. New Construction And Additions. The fees for plan review, building permit, and inspections shall be prescribed in Subsection
(D) of this Section, and the Building Official is authorized to establish by approved rules a schedule of unit rates for buildings and structures of all use groups and types of construction as defined in the most recently adopted International Building Code.
D.
Fee Schedule. A fee for each plan examination, building permit,
and inspections shall be paid in accordance with the most-recently
adopted Permit Fee Schedule available at the City Clerk's office.
E.
Accounting. The City Clerk's office shall keep an accurate account
of all fees collected, and such fees shall be deposited daily in the
jurisdiction Treasury or otherwise disposed of as required by law.
F.
Refunds. In the case of a revocation of a permit or abandonment
or discontinuance of a building project, the portion of the work actually
completed shall be computed and any excess fee for the uncompleted
work shall be returned to the permit holder upon written request.
All plan examination and permit process fees and all penalties that
may have been imposed on the permit holder under the requirements
of this Code shall first be collected.
[Ord. No. 542, 6-21-2023]
A.
Stop Work Orders.
1. Upon notice from the Code Official that work is
being done contrary to the provisions of this Code or in a dangerous
or unsafe manner, such work shall immediately cease. A stop work order
shall be in writing and shall be given to the owner of the property,
or to the owner's agent, or to the person doing the work. The
order shall state the conditions under which work is authorized to
resume. Where an emergency exists, the Code Official shall not be
required to give a written notice prior to stopping the work. Any
person who shall continue any work 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 condition, shall be punishable as
provided in this Code.
2. Any person who commences any work on a building,
structure, or electrical, gas, mechanical or plumbing system before
obtaining the necessary permits shall be issued a stop work order,
and a warning by the Code Enforcement Officer. If work continues,
a citation will be issued by the Code Enforcement Officer. Fines are
five hundred dollars ($500.00) for the first offense, and five hundred
dollars ($500.00) for any violation after the initial citation is
written. Every twenty-four (24) hours can be deemed a separate offense.
B.
Revoking Permits.
1. Any permit may be revoked when the Code Enforcement
Official determines:
a. That there is departure from the plans, specifications,
or conditions as required under terms of the permit;
b. That the same was procured by false representation
or was issued by mistake; or
c. That any of the provisions of this Development Code
are being violated.
2. Written notice of such revocation shall be served
upon the owner the owner's agent or contractor, or upon any person
employed on the building or structure for which such permit was issued,
or shall be posted in a prominent location; and, thereafter, no such
construction shall proceed. The City may stop work on any building
or structure on any land on which there is an uncorrected violation
of a provision of this Municipal Code or of a permit or other form
of authorization issued hereunder, in accordance with its power to
stop work under its Building Codes.
3. Where a violation of this code involves a failure
to comply with approved plans or conditions to which the approval
of such plans was made subject, the Board of Aldermen may, upon notice
to the applicant and other known parties in interest (including any
holders of building permits affected) and after a public hearing,
revoke the plan or other approval or condition its continuance on
strict compliance, the provision of security or such other conditions
as the City Council may reasonably impose.
4. The penalty for a violation of this code shall be
governed by the violations and penalty provision of the City Code
of the City of Kimberling City, Missouri, and the City may seek such
criminal or civil penalties as are provided by Missouri law or Municipal
Code.
C.
Certificates Of Occupancy. The City shall have such other remedies
as are and as may be from time to time provided by Missouri law and
the City Code for the violation of zoning, subdivision, sign provisions.
In addition, it shall be unlawful, initially or subsequently, to occupy
any building in which there has been a failure to comply with any
permit, plans, specifications, or conditions required under the terms
of the permit or any plan or other approval of the City of Kimberling
City, or to maintain the building or site in non-conformance therewith,
and in addition to penalties provided herein, the City may, at its
option, prohibit, restrict, or revoke occupancy of the building by
any person or entity, when the Building Inspector determines that
there has been any form of non-compliance.