A. 
The City Council hereby acknowledges the provisions of the act [HB 3167] and suspends the application of any ordinance or process contained in the City's Code of Ordinances, as it now exists or as it may be amended, that conflict with the provisions and requirements of the act.
B. 
The City Council further directs the city's planning and zoning commission, city staff and outside consultants to process, approve, approve with conditions or disapprove all plats, site plans related to plats and other plans, as defined in the act, in accordance with the provisions and requirements of the act.
(Ordinance 2025-O-650 adopted 1/9/2025)
This Section shall be known and may be cited as the Building Code.
(Ordinance 2025-O-650 adopted 1/9/2025)
The purposes of this article are to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use, occupancy, location, and maintenance of all buildings and structures, and certain equipment, located within the city.
(Ordinance 2025-O-650 adopted 1/9/2025)
A. 
The provisions of this article apply to the construction, grading, excavation, site clearance, alteration, movement, demolition, repair, and use of:
1. 
All buildings and structures within the city;
2. 
Work located in a public right-of-way;
3. 
Public utility towers and poles;
4. 
Hydraulic flood control structures; and
5. 
Transmission lines.
B. 
Additions, alterations, repairs, and changes of use or occupancy for all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in this article.
C. 
If more than one section of this article is applicable to a specific situation and specifies different materials, methods of construction, or other requirements, the most restrictive of the applicable sections shall govern.
(Ordinance 2025-O-650 adopted 1/9/2025)
Regardless of any other provision in this article, no person shall erect, place, or maintain a structure or building in violation of any state or federal pollution control or environmental protection law or regulation.
(Ordinance 2025-O-650 adopted 1/9/2025)
When regulations or restrictions imposed by this article are more or less restrictive than regulations or restrictions imposed by another governmental authority by legislation, rule, or regulation, the regulations, rules, or restrictions that are more restrictive or that impose higher standards or requirements shall govern.
(Ordinance 2025-O-650 adopted 1/9/2025)
A. 
Right of entry.
1. 
The building inspector, or his or her authorized deputy, may enter a building or premises at reasonable times to inspect the building or premises or to perform any other duty imposed upon the building inspector by this article, including, but not limited to, the inspection of a building or premises upon which the building inspector, or his or her authorized representative, has reasonable cause to believe a condition exists which makes such building or premises unsafe.
2. 
If the building or premises are occupied, before the building inspector, or his or her authorized representative, may initiate entry, the building inspector, or his or her representative, shall first present proper credentials and demand entry. If the building or premises are unoccupied, before the building inspector, or his or her authorized representative, may initiate entry, the building inspector, or his or her representative, shall first make a reasonable effort to locate the owner or other persons having charge, care, or control of the building or premises and demand entry.
3. 
If an owner, occupant, or other person having charge, care, or control of the building or premises refuses to allow entry, the building inspector, or his or her authorized representative, shall have recourse to every remedy provided by law to secure entry.
B. 
Stop-work orders. The building inspector may order the discontinuance of unauthorized building work by serving written notice of a stop-work order to any person engaged in or authorizing the work or by posting a stop-work order on the property adjacent to the posted building permit. In addition, the building inspector may halt all construction and development on any site upon which he or she finds a violation of this article by posting a stop-work order on the premises. All unauthorized building work, construction, and development shall cease until the building inspector authorizes the continuance of the work.
C. 
Occupancy violations. The building inspector may order the discontinuance of an unauthorized occupancy of a structure and the vacation of the structure by serving notice on any person causing or allowing the unauthorized use to continue. The person in violation of this section shall discontinue the unauthorized occupancy use or make the structure, or portion thereof, comply with the requirements of this article within 10 days after receipt of the notice. If, however, the unauthorized occupancy of the structure constitutes an unsafe building, then the provisions of this article that apply to unsafe buildings shall apply.
D. 
Liability. The building inspector, or any city employee charged with the enforcement of this article, acting in good faith and without malice for the city, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or omission in the discharge of their duties. Any suit brought against the building inspector, or such city employee, as a result of any act or omission in the discharge of their duties under this article, shall be defended by the city's legal department until final termination of the proceedings.
E. 
Permits, certificates and inspections.
1. 
Generally. The building inspector shall receive applications required by the technical codes, issue permits and furnish the prescribed certificates. He or she shall examine the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is conducted safely. He or she shall enforce all provisions of the building code and, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the codes and render written reports on the same. To enforce compliance with the law to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he or she shall issue such notices or orders as may be necessary.
2. 
Inspections. Inspections required under the provisions of the technical codes shall be made by the building inspector or a duly appointed assistant. The building inspector may accept reports of inspectors or recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the technical codes shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.
3. 
Records of work. The building inspector shall keep permanent comprehensive records of applications, all permits issued, any and all fees collected, certificates issued, inspections made, and reports rendered and of notices or orders issued for each property accurately reflecting the names, physical location of the property and dates on each document.
4. 
Records to be open to public inspection. All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the building inspector without written consent.
5. 
Monthly reports. The building inspector shall make written reports to his/her immediate superior once each month, or more often if requested, including statements of permits and certificates issued and orders promulgated.
6. 
Fees. The building inspector shall keep a permanent, accurate account of all fees and other monies collected and received under this article, the names of the persons upon whose account the same were paid, and the date and amount thereof, together with the location of the building or premises to which they relate.
F. 
Permits for work in R-1 districts. The building inspector shall have final approval authority for new structures and alterations of old structures in districts zoned R-1 residential.
G. 
Permits and variances for work in districts other than R-1. The building inspector shall process all variance requests and building permit applications for non R-1 residential zoning districts in the usual manner. If the building inspector determines that the variance request or building permit is in exact compliance with all of the building code requirements, then the building inspector shall approve the request or issue the permit.
(Ordinance 2025-O-650 adopted 1/9/2025)
A. 
In addition to the requirements in the building code, every building, structure, or part thereof erected or altered, moved or relocated for residential use in the city containing one or more dwelling units shall conform to the following standards, which are deemed to be minimum standards necessary for the health and general welfare of the residents of this community:
1. 
Sewage disposal. Each plumbing fixture shall be connected by adequate water and drainage lines to a licensed private sewage facility or organized disposal system.
2. 
Utility connections.
a. 
No person shall connect any utilities until the lot on which the utilities are to be connected has been properly platted.
b. 
A person shall obtain the building inspector's and public utility's prior written authorization before connecting any building, structure, or part thereof to a public utility or providing public utility service to any building, structure, or part thereof.
c. 
After the initial connection of a building, structure, or part thereof to water utility service, no person, including, without limitation, a property owner, occupant, water utility, plumber, or contractor, shall reconnect the building, structure, or part thereof to water utility service without the building inspector's prior written approval.
3. 
Swimming pools; swimming pool enclosures. No outdoor private swimming pool constituting an amenity to a residential building shall be constructed without an enclosure device of a minimum height of four feet (4') that completely surrounds such swimming pool. Every gate or opening through the enclosure device shall be equipped with a self-closing latch that keeps the gate or door securely closed at all times when not in use; provided, however, that any residential building door that forms a part of the enclosure device need not be so equipped. Swimming pools are prohibited from being constructed in a front yard.
4. 
Absorption fields and evapotranspiration beds. All absorption fields and/or evapotranspiration beds shall be located upon lots that provide convenient access for inspection, servicing, replacement, and modification.
5. 
Water closet flushing capacity. Water closet tanks shall have a flushing capacity sufficient to properly flush the water closet bowl but shall not exceed 1.6 gallons per flush.
6. 
Smoke detectors. Each standard dwelling shall be provided with smoke detector(s) conforming to the building code.
7. 
Excavation, grading and filling.
a. 
Open cuts and fills are those which will not contain any form of permanent erosion control other than the planting of ground cover vegetation.
b. 
Closed cuts and fills are those which prevent erosion by some permanent erosion control structure such as a reinforced concrete retaining wall, dry stacked stone, or other permanent erosion control device approved by the city.
c. 
The following minimum site disturbance standards for earth cuts and fills are as follows:
Maximum Depth of Cut and Height of Fill
Slope
Open Cuts and Fills
Closed Cuts and Fills
Over 25%
None
6 feet
15 - 25%
1 foot
8 feet
0 - 15%
3 feet
10 feet
d. 
Finished open cuts of an excavation shall not exceed the 1:1-1/2 ratio (vertical to horizontal) in undisturbed earth, 1:2 ratio in earth fill.
e. 
Excavation shall not interfere with public or private utility systems and shall not create or aggravate any condition detrimental to the public health and safety.
f. 
Excavation, grading, or filling shall not be permitted within twenty feet (20') of a street except to conform to approximately street grade for an approved driveway.
8. 
Roofing materials; no highly reflective roof surfaces. A high gloss finish has the potential to reflect nuisance levels of light into nearby properties. Specular gloss is a measure of the degree to which a surface functions as a mirror. No person may install or replace existing roofing material or painted exterior roofs that produce reflective gloss that interferes with traffic on city streets or that is evident beyond the property line on which they are installed. All new metallic roof surfaces that produce reflective gloss beyond property lines shall be painted in such a manner as not to affect adjoining and other property owners.
The ISO and ASTM specular gloss scales include <10 (Flat) and >85 (High Gloss). In descriptive terms, the scale runs as follows:
Description
Gloss
Flat (matte, velvet)
<10
Eggshell (suede)
10-20
Satin/Silk
20-45
Semi-gloss
45-65
Gloss
65-85
High Gloss
85 or higher
All roofing material shall have a "flat" appearance. Finishes with a flat, eggshell, or satin designation are usually acceptable. Finishes with a semi-gloss or gloss designation are not acceptable. This gloss or sheen selection criteria especially applies to metal roofs. The gloss of a proposed material may be verified by the manufacturer's data sheets or by comparison to a sample produced to City staff. Wood shingles are prohibited as roofing material on all structures.
9. 
Shielding of exterior equipment. All exterior compressors and other mechanical equipment or devices shall be shielded and insulated to insure that emanating sounds do not interfere with the use and enjoyment of surrounding property.
10. 
Culverts and ditches. Owners of property abutting a street or roadway that is not furnished with a curb and gutter that is connected to a storm sewer, ditch, or waterway for drainage shall furnish drainage ditches along such streets and roadways. No person shall construct or maintain any driveway over a ditch without furnishing a culvert to provide drainage, in accordance with specifications approved by the city. Property owners under this section shall keep such culverts and ditches free of obstruction.
11. 
Privacy fences. Privacy fences or walls not exceeding six feet (6') in height must be constructed in accordance with a design approved by the city. In approving fences and/or walls, the city shall be guided by the proposed structure's appropriateness to the character of the neighborhood and the rights of adjacent landowners to views and prevailing breezes. Privacy fences and/or walls may be built on side and rear property lines and within five feet (5') of the front property line.
12. 
Skirting on buildings with pier and beam foundations. Buildings with pier and beam foundations shall have metal, wood, concrete, rock or plaster skirting around or along the border or edge of the base of the building so that the space between it and the ground is completely enclosed.
13. 
Engineered foundation. Engineered foundation plans shall be submitted for a slab that will be supporting any habitable structure.
14. 
Front doors. The front door of any residential building must be facing the street or other public right-of-way to ensure adequate ease of access for emergency management services and to preserve conformity of neighborhoods.
(Ordinance 2025-O-650 adopted 1/9/2025)
A. 
In addition to the requirements in the building code, every building, structure, or part thereof erected or altered, moved or relocated for nonresidential use in the city shall conform to the following standards, which are deemed to be minimum standards necessary for the health and general welfare of the residents of the community:
1. 
Sewage disposal. Each plumbing fixture shall be connected by adequate water and drainage lines to a licensed private sewage facility or organized disposal system.
2. 
Solid waste container. Each nonresidential building shall have a solid waste structure and/or container which is inaccessible to dogs and other animals and which must be of a design and in a location approved in advance by the building inspector.
3. 
Utility connections.
a. 
No person shall connect any utilities until the lot on which the utilities are to be connected has been properly platted.
b. 
A person shall obtain the building inspector's and public utility's prior written authorization before connecting any building, structure, or part thereof to a public utility or providing public utility service to any building, structure, or part thereof.
c. 
After the initial connection of a building, structure, or part thereof to water utility service, no person, including, without limitation, a property owner, occupant, water utility, plumber, or contractor, shall reconnect the building, structure, or part thereof to water utility service without the building inspector's prior written approval.
4. 
Swimming pool enclosures. No outdoor public swimming pool or private swimming pool constituting an amenity to a nonresidential building shall be constructed without an enclosure device of a minimum height of four feet (4') that completely surrounds such swimming pool. Every gate or opening through the enclosure device shall be equipped with a self-closing latch that keeps the gate or door securely closed at all times when not in use; provided, however, that any nonresidential building door that forms a part of the enclosure device need not be so equipped.
5. 
Absorption fields and evapotranspiration beds. All absorption fields and/or evapotranspiration beds shall be located upon lots that provide convenient access for inspection, servicing, replacement, and modification.
6. 
Water closet flushing capacity. Water closet tanks shall have a flushing capacity sufficient to properly flush the water closet bowl but shall not exceed 1.6 gallons per flush.
7. 
Excavation, grading and filling.
a. 
Open cuts and fills are those which will not contain any form of permanent erosion control other than the planting of ground cover vegetation.
b. 
Closed cuts and fills are those which prevent erosion by some permanent erosion control structure such as a reinforced concrete retaining wall, dry stacked stone, or other permanent erosion control device approved by the city.
c. 
The following minimum site disturbance standards for earth cuts and fills are as follows:
Maximum Depth of Cut and Height of Fill
Slope
Open Cuts and Fills
Closed Cuts and Fills
Over 25%
None
6 feet
15 - 25%
1 foot
8 feet
0 - 15%
3 feet
10 feet
d. 
Finished open cuts of an excavation shall not exceed the 1:1-1/2 ratio (vertical to horizontal) in undisturbed earth, 1:2 ratio in earth fill.
e. 
Excavation shall not interfere with public or private utility systems and shall not create or aggravate any condition detrimental to the public health and safety.
8. 
Shielding of exterior equipment. All exterior compressors and other mechanical equipment or devices shall be shielded and insulated to insure that emanating sounds do not interfere with the use and enjoyment of surrounding property.
9. 
Screening.
a. 
Planting screens of sufficient length shall be constructed to shield the view of parking lots, solid waste containers, outdoor storage areas, compressors or other mechanical equipment, merchandising or service areas that lie within 100 feet of a residential district from adjoining districts, except when the view is already shielded by a change in grade or other natural or man-made feature.
b. 
When a planting screen cannot be expected to thrive due to intense shade or soil conditions, the city may require the substitution of a wooden fence, masonry wall, or combination to shield the view.
c. 
In lieu of a planting screen, a landscaped earth berm of at least four (4) feet in height, measured from the surface of the area to be screened, and 30 feet in width may be installed.
10. 
Grease traps.
a. 
Waste pipes from kitchen sinks and dishwashers in any hotel, restaurant, clubhouse, boardinghouse, public institution, hospital or other similar place shall run into an approved type grease trap that is adequate in size, properly vented, and constructed in such a manner as to remove all grease before it reaches the sanitary sewer or private sewage facility. Grease traps must be constructed by a manufacturer for the specific purpose of trapping grease or constructed of concrete. Plans of a typical concrete grease trap may be obtained from the building inspector. Food grinders shall not discharge into a grease trap. If a grease trap is set more than thirty (30) inches from the sink which it serves, the sink shall be locally vented and run independently through the roof.
b. 
The sizing of grease traps shall be based on the flow rate as determined in the following manner:
(1) 
The cubic content of the fixture in cubic inches divided by two hundred thirty-one, multiplied by seventy-five percent, equals drainage load in gallons. The drainage load divided by the drainage period in minutes equals the flow rate in gallons per minute. The average drainage period of receptacles is one minute.
(2) 
Grease traps serving dishwashers shall be sized with each gallon of tank capacity of the dishwasher equal to one gallon per minute flow rate; i.e., a twenty-gallon tank equals twenty-gallons per minute flow rate.
(3) 
Manufactured grease traps shall be selected to fit the flow rate requirements of the connected fixtures from the published manufacturer's rating charts.
(4) 
Concrete grease traps shall be selected as follows:
(a) 
The minimum size for up to seven gallons per minute flow rate shall be eighteen inches diameter by twenty-four inches deep.
(b) 
For each gallon per minute of flow rate in excess of seven gallons per minute the concrete grease trap shall be increased one cubic foot in size.
(c) 
When one grease trap serves more than one fixture, the simultaneous usage flow rate (not the sum of connected fixtures) shall be used to determine the size of the grease trap.
11. 
Roofing materials. No highly reflective roof surfaces. A high gloss finish has the potential to reflect nuisance levels of light into nearby properties. Specular gloss is a measure of the degree to which a surface functions as a mirror. No person may install or replace existing roofing material or painted exterior roofs that produce reflective gloss that interferes with traffic on city streets or that is evident beyond the property line on which they are installed. All new metallic roof surfaces that produce reflective gloss beyond property lines shall be painted in such a manner as not to affect adjoining and other property owners.
The ISO and ASTM specular gloss scales include <10 (Flat) and >85 (High Gloss). In descriptive terms, the scale runs as follows:
Description
Gloss
Flat (matte, velvet)
<10
Eggshell (suede)
10–20
Satin/silk
20–45
Semi-gloss
45–65
Gloss
65–85
High gloss
85 or higher
All roofing material shall have a "flat" appearance. Finishes with a flat, eggshell, or satin designation are usually acceptable. Finishes with a semi-gloss or gloss designation are not acceptable. This gloss or sheen selection criteria especially applies to metal roofs. The gloss of a proposed material may be verified by the manufacturer's data sheets or by comparison to a sample produced to City staff. Wood shingles are prohibited as roofing material on all structures.
12. 
Smoke detectors. Each building shall be equipped with smoke detectors that conform to the building code. The detectors shall be mounted on the ceiling or wall at a point centrally located with respect to electric or gas appliances or cooking equipment. The detectors shall be installed within twelve inches (12") of the ceiling and tested for proper operation by the building inspector.
13. 
Culverts and ditches. Owners of property abutting a street or roadway that is not furnished with a curb and gutter that is connected to a storm sewer, ditch, or waterway for drainage shall furnish drainage ditches along such streets and roadways. No person shall construct or maintain any driveway over a ditch without furnishing a culvert to provide drainage, in accordance with specifications approved by the city. Property owners under this section shall keep such culverts and ditches free of obstruction.
14. 
Privacy fences. Privacy fences or walls not exceeding six feet (6') in height must be constructed in accordance with a design approved by the city. In approving fences and/or walls, the city shall be guided by the proposed structure's appropriateness to the character of the neighborhood and the rights of adjacent landowners to views and prevailing breezes. Privacy fences and/or walls may be built on side and rear property lines and within five feet (5') of the front property line.
15. 
Automatic sprinkler systems. Automatic sprinkler systems shall be provided in each building as required by the adopted code. The sprinkler system shall be designed by a sprinkler engineer, conform to NFPA Standard No. 13, and be approved in advance of installation by the city.
16. 
Skirting on buildings with pier and beam foundations. Buildings with pier and beam foundations shall have metal, wood, concrete, rock or plaster skirting around or along the border or edge of the base of the building so that the space between it and the ground is completely enclosed.
17. 
Engineered foundation. Engineered foundation plans to be submitted for a slab that will be supporting any structure to which the public has access.
(Ordinance 2025-O-650 adopted 1/9/2025)
A. 
Gated communities protected by electronically operated or automatic gates or other control circuits, having an irrevocable public safety easement or a platted public safety easement over the streets of the gated community, shall, within six (6) months of the effective date of this provision, be equipped with a strobe switch to detect the approach of an emergency vehicle which opens the gate. All subdivisions platted after the effective date of this section shall as a condition of approval comply with this subsection.
B. 
Gated communities protected by electronically operated or automatic gates or other control circuits, not having a public utility easement, may voluntarily coordinate with the emergency services providers to install a strobe-activated switch as provided in Subsections C and D, provided the property owners' association enters a release of liability in a format approved by the city attorney.
C. 
The strobe switch shall be mounted at the height specified by the fire chief to promote proper functioning but no higher than is absolutely necessary to function in order to maintain the aesthetic appearance of the gate area.
D. 
Strobe switches shall be UL (Underwriters' Laboratories) certified and approved by the fire chief. The fire chief shall specify the make, brand, and model of each of these items to be used within the city. Such items shall be nationally recognized brands and shall be compatible with equipment specified by the emergency services providers within the city.
(Ordinance 2025-O-650 adopted 1/9/2025)