City of Aurora, MO Building Code And Building Standards

[R.O. 1993 § 500.030; Ord. No. 2010-2860 § 1, 2-9-2010; Ord. No. 2013-2953 § 1, 5-28-2013; Ord. No. 2018-3144, 3-27-2018; Ord. No. 2016-3079 § 1, 9-13-2016; Ord. No. 2021-3214, 2-9-2021; Ord. No. 2021-3226, 5-11-2021]

The following Sections of the International Building Code, 2018 Edition, adopted in Section 500.020, are amended as follows:

Section 101.1 Title. These regulations shall be known as the "Building Code of the City of Aurora" hereinafter referred to as "this code."

Section 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structures.

Exceptions:

Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code.

Existing buildings may be repaired, altered, added to, or have a change of occupancy in accordance with the provisions of the International Existing Building Code, 2018 Edition.

Section 108.2 Fee schedule. A fee for each plan examination, building permit, rezoning, Board of Adjustment, plat review, excavation, land disturbance, paving and inspection shall be paid in accordance with Subsection (B) of this Section.

Section 112 Board of Appeals. Section 112 of the International Building Code shall be revised to read as follows:

SECTION 112 BUILDING BOARD OF APPEALS ESTABLISHED
Section 112.1 General. A Building Board of Appeals is hereby established for the City for the purpose of hearing and deciding appeals of decisions or determinations made by the Building Official relative to this code or any other building codes that may be adopted by the City and to hold evidentiary hearings at the request of the City to order repair or to demolish any structure deemed to be a danger to the health, safety, and welfare of its citizens.
112.1.1 Scope of Board. Applicants for a building permit, the holder of a building permit, or the owner and/or agent of a building or structure wherein permit work is to be completed may appeal, within ten (10) days, exclusive of weekends and holidays, to the Building Board of Appeals from a decision of the Building Official when it is claimed that:
a.	The true intent of code or rules legally adopted thereunder have been incorrectly interpreted;
b.	The provisions of the code do not fully apply; or
c.	An equally good or better form of construction is proposed.
d.	In addition, the Building Board of Appeals shall hold an evidentiary hearing as to whether any structure inside the City limits should be ordered to be repaired or demolished due to being an unsafe structure as defined in Section 510.040 of the Aurora City Ordinances, and if warranted, to order their repair or demolition and clean up, the cost of which shall be assessed against the owner and which the City may place a lien upon the land for the purpose of collecting said cost.
112.1.2 Membership of the Board. The Building Board of Appeals shall consist of five (5) members appointed by the Mayor with City Council approval. One (1) member shall be appointed for a term of one (1) year, two (2) members shall be appointed for terms of two (2) years, and two (2) members shall be appointed for terms of three (3) years. Thereafter, all members shall be appointed for terms of three (3) years. All members shall serve until their terms have expired or they have been replaced. The Building Official shall be an ex officio member but shall have no vote. Members may not be employees of the City and need not be residents of the City.
112.1.3 Alternate members. Two (2) alternate members shall be appointed for terms of three (3) years who shall be called by the chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the same qualifications required for board membership, and shall serve until their terms expire or they are replaced.
112.1.4 Qualifications of board members. The Building Board of Appeals shall consist of individuals who are design professionals or who are qualified, by education, experience, or training, in the various disciplines or professions associated with the building industry, to decide appeals of the Building Official's interpretation or application of the provisions of the International Building Code.
112.1.5 Rules and procedures. The board is authorized to establish policies and procedures necessary to carry out its duties.
112.1.6 Chairperson. The board shall annually select one (1) of its members to serve as chairperson.
112.1.7 Conflict of interest (disqualification). A member or alternate member shall not hear an appeal in which he/she or a member of his/her family has a personal, professional, or financial interest.
112.1.8 Secretary. The secretary of the Planning and Zoning Commission shall serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the Planning and Zoning office, the Building Official's office and the office of the City Clerk.
112.1.9 Compensation. Board members shall not be compensated for their service.
112.1.10 Notice of meetings. The board shall meet, upon notice from the chairperson, within ten (10) days of the filing of an appeal and at such other times as deemed necessary.
112.1.11 Open hearings. All hearings before the Building Board of Appeals shall be open to the public. The appellant, the appellant's representative, the Building Official, and any person whose interests are affected by the matter on appeal shall be given an opportunity to be heard.
112.1.12 Procedures. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The proceedings shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
112.1.13 Board decisions. A concurring vote of four (4) or more of its members is required for the Building Board of Appeals to modify or reverse the decision of the Building Official. Failure to receive four (4) concurring votes shall be deemed a confirmation of the Building Official's decision.
112.1.14 Postponed hearings. At least four (4) members must be present to conduct a hearing. When less than five (5) members are present to hear an appeal, either the appellant or the appellant's representative shall have the right to request and receive a postponement of the hearing.
112.1.15 Resolution. The decision of the board shall be by resolution. Copies certified by the chairperson shall be furnished to the appellant and the Building Official.
112.1.16 Administration. Decisions of the board arrived at during hearings of permissible appeals are final. The Building Official shall take immediate action in accordance with the decision of the board.
112.1.17 Hearings. Any hearing held by the Building Board of Appeals as it relates to the demolition of unsafe structures shall allow for the owner of said structure to be represented by counsel but that the rules of evidence shall not apply.
112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or that an equally good or better form of construction is proposed. The board shall have no authority to set aside the technical requirements of this code; however, it is allowed to consider and approve alternative methods of compliance with the technical requirements. The Board shall also determine after an evidentiary hearing as to whether any structure should be repaired or demolished due to being an unsafe structure, and if warranted, to order the demolition and clean-up of same.
112.2.1 Recommendations. The board may, in conducting its hearings, discover situations that do not fit the strict guidelines for permissible appeals. In those cases the board may make recommendations to the Building Official for his/her consideration.
112.2.2 Application Fee Required. The application fee for filing an appeal with the Building Board of Appeals will be one hundred dollars ($100.00) per application.

Section 113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a City ordinance violation, punishable by a fine of not more than five hundred dollars ($500.00), or by a sentence to the City Jail not exceeding ninety (90) days, or by both such fine and jail time. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The City Council by this ordinance ratifies any prior orders of the Building Inspector concerning provisions of the International Building Code or the BOCA Code as applies to any conduct in the past.

Section 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for the City of Aurora,” most current addition dated August 2, 2012; Panel numbers 29109C0435D, 2919C0451D, 29109C0452D, 29109C0453D and 29109C0460D, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this Section.

Section 3403.1 Existing buildings or structures. Additions or alterations to any building or structure may be made in accordance with the provisions of the International Existing Building Code, 2018 Edition. Additions or alterations shall not be made to an existing building or structure, which will cause the existing building or structure to be in violation of any provisions of this code. An existing building plus additions shall comply with the height and area provisions of Chapter 5. Portions of the structure not altered and not affected by the alteration are not required to comply with the code requirements for a new structure.

Section 3410.2 Applicability. Structures existing prior to the passage of the adopting ordinance for the International Building Code, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements of this Section or the provisions of Sections 3403 through 3407. (The remainder of Section 3410.2 is not amended.)

Building Permit Fee System.

[Ord. No. 2023-3296, 7-25-2023]

Permit Fees.

Permit	Fee
New or remodeled residential construction	$0.15 per square foot
Garage/carports/outbuildings	$0.07 per square foot (separate and/or attached)
Commercial/industrial	$4.00 per $1,000.00 of project valuation (new or remodel)
Meter loop replacement	$25.00
Basic electrical, plumbing, mechanical	$20.00
Mobile home placement	$25.00
Signs	$5.00 per $1,000.00 of project valuation
Land disturbance	$50.00
Plan review (commercial)	$100.00 plus $50.00 per hour
Plan review (residential)	$25.00
Plat review fees	$150.00 plus $10.00 per lot
Minor subdivision	$50.00
Rezoning fees	$100.00 fee (per application)
Special use permit fee	$100.00 fee (per application)
Board of Adjustment	$100.00 fee (per application)
Building Board of Appeals	$100.00 fee (per appeal)
Residential or commercial re-roofing	$25.00
Fencing	$20.00

All fees listed above shall be subject to a minimum fee of twenty dollars ($20.00). Any construction items not specifically listed shall fall under the minimum permit fee.

Engineering and surveying/permit fees.

Permit	Fee
Driveways (when not in conjunction with sidewalk new or replacement)	$25.00
Excavation (street/alley cuts)	$200.00 up to 48 square feet $5.00/ square feet over 48 square feet
Sidewalk	$25.00

For the purposes of requiring a permit, "remodeling" shall be defined as follows: The cutting away of any wall, partition or portion there, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any means of egress, or rearrangement of parts of a structure affecting the egress requirements, the addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

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Cross Reference: Mobile homes and trailers, Ch. 525.