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Des Peres, Missouri - Code of Ordinances / Chapter 6 - BUILDINGS AND BUILDI…/ ARTICLE XIV. - STORMWATER POLLU…
Des Peres, MO
Code of Ordinances
CODE OF ORDINANCES CITY OF DES PERES, MISSOURI
SUPPLEMENT HISTORY TABLE modi ed
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION
Chapter 3 - AIRPORTS AND AIRCRAFT
Chapter 4 - ALCOHOLIC BEVERAGES
Chapter 5 - ANIMALS AND FOWL
Chapter 6 - BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. - IN GENERAL
ARTICLE II. - AMUSEMENT DEVICES CODE
ARTICLE III. - BUILDING CODE
ARTICLE IV. - ELECTRICAL CODE
ARTICLE V. - ELEVATORS CODE
ARTICLE VI. - MECHANICAL CODE
ARTICLE VII. - PLUMBING CODE
ARTICLE VIII. - CONSTRUCTION AND OCCUPANCY PERMITS
ARTICLE IX. - DEMOLITION OF BUILDINGS
ARTICLE X. - EXTERIOR CONDITION OF BUILDINGS, ACCESSORY STRUCTURES AND
PREMISES
ARTICLE XI. - FLOOD HAZARD DAMAGE PREVENTION AND PROTECTION
ARTICLE XII. - SWIMMING POOLS Prev Hit Next Hit
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
3/26/2021 Chapter 6 - BUILDINGS AND BUILDING REGULATIONS | Code of Ordinances | Des Peres, MO | Municode Library
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ARTICLE XIII. - SIGNS
ARTICLE XIV. - STORMWATER POLLUTION CONTROL
DIVISION 1. - GENERALLY
DIVISION 2. - ADMINISTRATION
DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL
Chapter 7 - CIVIL DEFENSE
Chapter 8 - ELECTIONS
Chapter 9 - FIRE PREVENTION AND PROTECTION
Chapter 10 - FRANCHISE REGULATIONS
Chapter 11 - GARBAGE, TRASH AND REFUSE
Chapter 12 - HEALTH AND SANITATION
Chapter 13 - LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
Chapter 14 - MOTOR VEHICLES AND TRAFFIC
Chapter 15 - MUNICIPAL COURT
Chapter 16 - OFFENSES AND MISCELLANEOUS PROVISIONS
Chapter 17 - PARKS AND RECREATION
Chapter 18 - STREETS, SIDEWALKS AND PUBLIC PLACES
APPENDIX A - SIGNS
APPENDIX B - SUBDIVISION REGULATIONS
APPENDIX C - ZONING REGULATIONS
APPENDIX D - CORPORATE BOUNDARIES
APPENDIX E - RIGHTS-OF-WAY USAGE CODE
CODE COMPARATIVE TABLE - 1980 CODE
CODE COMPARATIVE TABLE - ORDINANCES modi ed
STATE LAW REFERENCE TABLE modi ed
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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Sec. 5-56. - Penalty for violation.Chapter 7 - CIVIL DEFENSE
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Chapter 6 - BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. - IN GENERAL
Sec. 6-1. - Technical enforcement.
The mayor, on behalf of the city, is hereby authorized to enter into an agreement with St.
Louis County, Missouri, for the enforcement of the (1) amusement, (2) building, except single-
family residential and miscellaneous permits relating thereto, (3) electrical, (4) elevators, (5)
explosives, (6) mechanical, (7) plumbing, and (8) weights and measures codes of the city.
Terms of agreements. The terms of agreements entered into pursuant to paragraph (a) of this
section shall continue from year to year; however, either party may terminate upon giving
ninety (90) days' prior written notice.
Compensation procedures. The county shall collect all fees for the services provided.
Effect of more restrictive city provisions. If the city has adopted provisions more restrictive
than those contained in the applicable county code, the city shall approve all plans prior to
submission to the county's department of public works.
(Code 1980, §§ 540.010—540.040; Ord. No. 1215, § 1, 10-13-86)
Sec. 6-2. - Grading permits.
For land disturbance involving areas of less than one (1) acre (forty-three thousand, five
hundred sixty (43,560) square feet) in area, no person shall, without first obtaining a grading
permit from the department of public works of the city, alter or cause to be altered the
surface of the land by any cut or fill which:
Is located within ten (10) feet of the property line;
Would permanently divert one (1) drainage area to another drainage area;
Changes the grade by two (2) or more feet in elevation.
Each application for a grading permit shall be accompanied by a grading plan showing the
existing and proposed contours normally at two-foot intervals. The plan must show the
location and type of all erosion and sediment control devices which are required to be
provided at the downhill portion of the site.
No grading permit shall be issued by the director of public works which provides for
"stockpiling" of earth or other fill materials for a period of more than thirty (30) days unless
such permit is issued in conjunction with a building permit.
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
3/26/2021 Chapter 6 - BUILDINGS AND BUILDING REGULATIONS | Code of Ordinances | Des Peres, MO | Municode Library
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(d)
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No grading permit shall be issued for a subdivision development until the director of public works
reviewed and approved the improvement plans for the subdivision showing as a minimum:
Contours of the existing ground surface;
Elevations of the proposed finished grade of each corner of each lot and at intermediate
points on lots where the slope of the ground surface changes or a plan of the proposed
finished ground surface showing contours at a maximum of two-foot intervals;
Arrows indicating the direction of drainage;
Finished grade and elevation of all streets, sanitary sewers, storm sewers, and other
drainage structures;
Surface water runoff calculations for the drainage area tributary to and including the
property being graded.
An inventory of all existing trees and/or vegetation located on the subject property, which
inventory shall be of sufficient detail to satisfy the director that it contains all data
necessary to administer the tree replacement standards and requirements of the city as
enacted pursuant to section 2-173 of this Code of Ordinances.
No grading permit shall be issued for a commercial development until the director of public
works has reviewed and approved plans for such developments showing as a minimum:
Contours of the existing ground surface;
Contours of finished grade at all corners of the parcel of land, at all corners of proposed
buildings and at such intermediate points where the slope changes;
Elevations of finished first floor;
Elevations of all adjacent streets;
Elevations of all sanitary and storm sewers and other drainage facilities;
Surface water runoff calculations for the drainage area tributary to and including the
property being graded.
An inventory of all existing trees and/or vegetation located on the subject property, which
inventory shall be of sufficient detail to satisfy the director that it contains all data
necessary to administer the tree replacement standards and requirements of the city as
enacted pursuant to section 2-173 of this Code of Ordinances.
In addition to permit fees or street deposit fees that may be otherwise required by code, a
cash escrow shall be required in conjunction with any grading permit issued by the city in an
amount equal to ten cents ($.10) per cubic yard of earth to be moved with a minimum escrow
of three hundred dollars ($300.00) and a maximum escrow of twenty-five thousand dollars
($25,000.00) to the city to guarantee compliance with the provisions of the grading permit
including site restoration and establishment of appropriate ground cover.
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
3/26/2021 Chapter 6 - BUILDINGS AND BUILDING REGULATIONS | Code of Ordinances | Des Peres, MO | Municode Library
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(a)
(1)
(2)
(3)
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(b)
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(Code 1980, § 500.100; Ord. No. 1209, § 1, 9-8-86; Ord. No. 1798, §§ 1, 2, 8-12-96; Ord. No. 2015, §§ 1, 2,
7-11-00; Ord. No. 2260, § 2, 11-10-03)
Cross reference— Licenses, permits and miscellaneous business regulations, Ch. 13.
Sec. 6-3. - Permit expiration dates.
All permits issued by the city under this chapter shall expire in accordance with the provisions
of this section unless such permit shall have been extended in writing by the director of public
works.
Permits issued for construction of new buildings shall expire twelve (12) months from the
date of issuance, except permits for a building in excess of one hundred thousand
(100,000) square feet of gross floor area shall expire eighteen (18) months from date of
issuance.
Permits for additions, remodeling and tenant finish involving non-residential structures
shall expire nine (9) months from date of issuance, except permits involving a building
addition or remodeling with more than one hundred thousand (100,000) square feet shall
expire twelve (12) months from date of issuance.
Permits for additions to single family dwelling units, including accessory buildings, decks,
pools, additions or remodeling, shall expire six (6) months from date of issuance.
Permits issued for grading, demolition of structures, signs, fences and similar
miscellaneous permits shall expire three (3) months from date of issuance.
The director of public works may extend the time period in which a permit issued under this
chapter is valid provided (i) that the request is submitted in writing; and (ii) the work has
proceeded continuously under the permit, and (iii) substantial progress is being made toward
completion of the construction. Such extensions shall be limited to one (1) per permit and no
such permit extension shall exceed fifty (50) percent of the time authorized under this section
for the initial permit.
On expiration of a permit, nothing herein shall preclude the building officials from issuing a
new permit for continuation of the work subject to submittal of plans and payment of the
requisite fees.
In addition to payment of building permit fees otherwise required for extension of a permit or
issuance of a new permit for continuing construction, the owner, developer or primary
contractor shall file with the city a bond or cash escrow payable to the City of Des Peres
sufficient to guarantee completion of the building within the prescribed time frame or provide
sufficient funds to cover the cost of demolition of such structure, but in no event shall the
amount be less than ten thousand dollars and no cents ($10,000.00).
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> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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(1)
(2)
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(a)
Bond or escrow proceeds may be used by the city to grade and establish a suitable lawn area; for
removal of trash, debris and construction materials; for completing enclosure of structures by
installation of doors and windows; completion of paving of driveways and construction of public
sidewalks; repair to the public infrastructure adjoining the property, and similar work necessary to
prevent the property from being detrimental to the public safety, health and welfare of the
neighborhood.
The requirement for a bond or escrow may be waived by the director of public works under the
following circumstances:
Upon a determination that the exterior of the structure, including lawn areas, are
substantially complete and delays in completion of construction have not been and will
not be detrimental to the public health, safety or welfare and that the condition of the
property has not and will not constitute a public nuisance; or
If the permit holder demonstrates to the satisfaction of the director of public works that
construction delays were not the fault of the owner, developer or primary contractor due
to weather, strikes or acts of God; or
In circumstances where the new permit is being issued to a new owner, developer or
primary contractor upon submittal of a construction schedule and a showing to the
satisfaction of the director that the owner, developer or primary contractor has the
financial wherewithal to complete the project in a timely manner.
If the owner, developer or primary contractor to whom the permit is issued fails to complete the
permitted construction within the permitted timeframe, the city may utilize the proceeds from such
bond or escrow to secure the structure from unauthorized access, remove any construction materials
and debris from the site and to establish a suitable grade and lawn area.
(Ord. No. 1716, § 1, 4-10-95; Ord. No. 2262, § 1, 11-24-03; Ord. No. 2370, § 1, 7-24-06)
Sec. 6-4. - In- ll housing regulations.
Definitions.
For purposes of this section, the following terms are defined as follows:
In-fill housing shall mean the construction of a new home on a vacant lot within an established
subdivision or the demolition of an existing home to allow construction of a new home. The term "in-fill
housing" shall not mean construction of a home within a new subdivision until such time as the streets
within that subdivision are accepted by the city for public use and maintenance.
Major addition shall mean the construction of an accessory building greater than two hundred fifty
(250) square feet or an addition to an existing home when the building footprint of the existing structure
is increased by more than five hundred (500) square feet.
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> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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(b)
(1)
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Design standards.
Prior to design of in-fill housing or major addition, the owner and/or architect are
encouraged to meet with the director of public works or his designated representative to
review the requirements of this section and other building and zoning regulations of the
city.
The first floor elevation of a new home shall not be higher than two (2) feet above the
main floor elevation of the home being replaced or, in the case of construction on a lot
which has not previously been built upon, two (2) feet above the average main floor
elevation of the primary structures on all adjoining lots. The director of public works shall
be authorized to approve a different elevation upon a determination that:
A different elevation is required in order to conform to other regulations relating to
flood plain management, storm water control, compliance with historic designations
or to comply with design standards which are a part of subdivision indentures; or
If the first floor elevations of the properties within the block are established at a
higher elevation; or
If the topography of the lot lends itself to a different elevation that will not result in a
home of a size or scale incompatible with adjoining properties.
An attached garage shall not exceed more than fifty (50) percent of the first floor area of
the residence nor be more than fifty-five (55) percent of the width of the entire structure.
If a garage facing the street has more than two (2) parking bays the door(s) for additional
bays shall be set back a minimum of one (1) foot from the setback of the house or other
garage doors.
The city does not require or specify any specific architectural style for homes or accessory
structures, except that accessory structures must be compatible with the architectural
style of the primary structure.
Grading of lots shall be accomplished so that slopes do not exceed one (1) foot of vertical
height for every three (3) feet of horizontal distance. If a greater slope occurs, retaining
walls must be installed.
Grading shall be designed so that the proposed construction will not increase the volume
or speed of water runoff onto any adjoining property or will result in discharge of surface
water directly into existing surface and storm water collection, retention or detention
facilities with a demonstrated capacity to accommodate the anticipated volume of
additional water without adverse affect. Grading plans must contain any and all measures
and facilities proposed to retain, detain and/or control and direct surface water so as to
not increase off-site discharge.
Retaining walls shall not exceed six (6) feet in height and shall be set back no less than two
(2) feet from any side or rear lot line. A second tier retaining wall shall not exceed four (4) Prev Hit Next Hit
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
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(8)
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feet in height and shall be set back no less than four (4) feet from the top of the lower
retaining wall. The board of adjustment may grant exceptions to allow higher retaining
walls in areas involving steep topography.
Construction fences shall comply with the following requirements:
Fences shall be installed and maintained at all times in a professional and
workmanlike manner so as to prevent access to the construction site except through
designated gates.
Fences must be solid wood or chain link with top rail.
Fences must be not less than forty-two (42) inches and may not exceed seventy-two
(72) inches in height. Fences in the front yard shall be setback a minimum of ten (10)
feet from the paved portion of the street or at a greater distance otherwise required
by the director of public works to prevent creation of a traffic or site distance hazard.
Suitable iron, steel, painted metal or wood fence posts shall be installed at no greater
than eight-foot intervals. Space between any two (2) posts installed side by side shall
not be greater than four (4) inches.
Access to the worksite shall be through a suitable gate or gates consisting of a
moveable portion of fence which can be closed and fastened. Each gate shall have a
maximum width of fourteen (14) feet and shall be securely closed or secured at the
end of each work day and remain closed when no construction workers are onsite.
No temporary construction fence may encroach beyond the subject property line or
upon the public right-of-way nor create a site distance problem for motorists.
Existing sidewalks must be maintained throughout the construction process and remain
open for public use unless closure is authorized by the director of public works.
Construction related damage will require the replacement of damaged sidewalks in
accord with specifications of the department of public works.
Pre-construction conference. Prior to the issuance of a building permit, the owner and/or
primary or general contractor for any infill housing site or major addition shall participate in a
pre-construction conference with the director of public works and a representative of the
department of public safety which shall include the following:
The owner shall present evidence to the director of public works that the
owner/contractor has provided notice to the subdivision trustees (if any) of their intention
to build within the neighborhood. Nothing herein shall be construed or interpreted to
indicate that the city will not issue a permit without trustee approval or that the city is
responsible for enforcement of subdivision indentures.
The owner/developer shall provide the director of public works with a schedule and
timeline reflecting key days for demolition, start of construction and anticipated
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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(3)
(4)
(5)
(6)
(7)
(d)
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The owner/contractor and director of public works shall review the usual routes that will be us
contractors, subcontractors and suppliers to access the site making specific note of neighborh
traffic patterns, street conditions and load limits in establishing likely delivery routes.
The owner/contractor and director of public works shall review the overall project
according to the standard per-permit checklist established by the department of public
works to address issues of concern and construction standards. This review shall include
and identify any unusual problems involving street access, site topography, storm water
drainage, tree removal and contractor parking and material storage.
The owner/contractor shall provide the director of public works and department of public
safety with the name, address and emergency phone numbers of the person who will be
responsible for compliance with these regulations. The person so designated shall be held
responsible for the actions of the contractor and subcontractors.
The owner/contractor and director of public works shall review the general ordinances of
the city pertaining to construction.
The owner/contractor and the director of public works shall explore any extraordinary
issues relating to lot conditions, worker parking, street width, etc. It shall be the
responsibility of the director of public works, working in conjunction with the director of
public safety, to ascertain any special conditions relating to parking and access. The
director of public safety may restrict the amount of area available on a given street for
parking of construction equipment and/or vehicles for construction workers by posting no
parking signs, establishing areas for construction parking only and/or establishment of
residential parking zones.
Demolition of existing structures. No single-family home or structure accessory thereto shall
be demolished without first obtaining a demolition permit and adherence to the following
general terms and conditions:
A construction fence is required prior to demolition of any single-family home if (1)
scavenging or salvaging of the building parts or materials is to be undertaken which may
result in the interior of the structure being accessible to the general public overnight of (2)
if the basement excavation of the demolished home is not to be immediately backfilled.
Prior to commencing demolition, the contractor shall provide written notice by U.S. mail
or hand delivered to all property owners within two hundred (200) feet and shall provide a
copy of the notice to the director of public works.
The demolition shall proceed continuously once started and shall be completed within
three (3) calendar days from the start of demolition.
The demolition process, including scavenging or salvaging of building parts or materials,
must be completed within fifteen (15) calendar days from the date of commencement of
demolition only if the site is fenced in accord with construction fencing requirements of
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(5)
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this section. If the existing exterior features such architectural details, doors, windows,
etc. are to be salvaged; such items may not be removed until immediately prior to the
start of demolition.
Unless construction of a new home commences within thirty (30) days of the date for start
of demolition, basement areas and other major cuts shall be filled, the lot graded to a
satisfactory grade and ground cover established by seed or sod. Only upon completion of
this work can the construction fence be removed.
All building debris including destroyed trees, plants, fences and similar items must be
removed from the site immediately following demolition.
During demolition, such erosion control devices as deemed necessary by the director of
public works shall be installed and maintained to prevent run-off of mud and construction
debris onto adjoining public and private property.
If a property to be used for in-fill housing becomes vacant between acquisition of the
property and construction of a new home commences, the owner and/or developer shall file
with the director of public works notice of the name, address and phone number of the party
responsible for maintenance of the site. During such time, the owner shall not be relieved of
responsibility to maintain the property in accordance with the general laws, rules and
regulations of the city including the following:
All lawn areas shall be maintained so as to not constitute a public nuisance. Grass, weeds
and other similar vegetation shall not be allowed to attain a height greater than eight (8)
inches.
Openings to structures, including windows and doors, may not be boarded up and must
be maintained in the same manner as if the property was occupied by an owner or tenant
at all times.
No construction equipment of any type may be stored on the site at any time prior to
commencement of demolition.
No portable toilets or similar construction related amenities may be placed on the site
prior to commencement of demolition.
Site maintenance. The following regulations, which are in addition to other provisions of the
Municipal Code, shall apply from such time as a building permit is issued and shall remain in
force until the structure is secured from entry with locked doors and windows and to allow
final grading.
Prior to commencing construction of any in-fill home, the contractor shall install a
construction fence enclosing the entire lot or, at a minimum, the working area of the lot,
which is any area in which any construction or storage of construction materials is
anticipated. The director of public works may also require construction fence for major
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Such construction fence may be removed with consent of the director of public works or
his authorized representative when the home is secure with placement of all doors and
windows so as to prevent unauthorized access.
The owner/developer shall cause to be erected and maintained at all times a sign in the
front yard of the property in accordance with the following regulations:
The sign shall not exceed sixteen (16) square foot in size, shall be professionally made,
and mounted in a workmanlike manner using posts. Such signs may not be attached
to trees or construction trailers.
The background of the sign shall be white and the sign face and structure shall include
no more than two (2) additional colors.
At a minimum, the sign shall include the following information:
Address of the property including both numeric and street.
Name of the person responsible for site maintenance including work or cell phone
number.
The sign shall designate that work hours are restricted to between 8:00 a.m. and
6:00 p.m., Monday thru Saturday.
Notice that all contractors, sub-contractors, suppliers and vendors must keep the
street free and clean of mud and debris.
Provide space for mounting of evidence that a building permit has been issued.
No construction materials, supplies or equipment may be stored outside of the area
enclosed by the construction fencing except as may be authorized in writing by the
director of public works. Such exceptions shall be for a limited time only and shall be
limited to prefabricated construction elements of such large size as to readily prohibit
storage within the work area or when unusual circumstances relating to lot size,
topography or protection of trees warrants such exceptions.
A dumpster of suitable size shall be maintained on the property for collection of all
construction material and debris and replaced or emptied regularly as needed. Any
dumpster shall be covered at the end of each workday in such a manner as to prevent
blowing of trash and construction materials. The site shall be cleaned daily to ensure that
any and all remnants of construction materials and other trash or debris are placed in the
dumpster and not permitted to accumulate on the ground. No open stockpiling of trash
or debris is permitted.
Portable toilet(s) maybe provided as required by law. Portable toilets may not be placed
within ten (10) feet of the property line except on lots having a width of less than seventy
(70) feet in which case a two-foot minimum setback shall be required. The city reserves
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(6)
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the right to require that portable toilets be placed in specific locations on the site based
upon lot size, adjoining development and land uses and such other criteria as the director
of public works shall deem appropriate.
Construction on-site is limited to work commencing no earlier than 8:00 a.m. and
concluding no later than 6:00 p.m. Monday thru Saturday except between Memorial Day
and Labor Day when start or work can commence at 7:00 a.m. No work shall take place
after the permitted hours or on Sunday except by written permit of the director of public
works.
A "loading zone" of sufficient size shall be established and suitably marked to allow for
positioning of construction and delivery equipment in such a manner as to avoid blocking
more than one (1) lane of traffic at any time. In the event complete closure of a street is
anticipated for more than fifteen (15) minutes, the department of public safety must be
notified by phone in order to ensure accessibility of emergency vehicles to neighborhoods
at all times.
Streets shall be maintained free and clear of mud at all times. Any mud or debris on the
street after 5:00 p.m. may be removed by the city without prior notice to the
owner/developer and the cost of removing the same may be deducted from any street
deposit required at the time of obtaining a building permit. Mud or debris on the street in
the immediate area of any construction site shall be presumed to have come from that
construction site.
Limitation on number of in fill housing and major addition projects in a neighborhood. The
director of public works, after consultation with the director of public safety, may delay
issuance of building permits for in-fill housing or major additions if there are so many
ongoing construction projects in the general vicinity that the area cannot accommodate the
additional parking or loading zones required for further construction activities, or if
properties for the proposed project and other on-going construction projects are so situated
as to prevent general traffic, trash trucks, school buses, delivery vehicles and/or emergency
vehicles from safely using streets in the vicinity.
When the director of public works makes a determination that additional permits may not be issued,
he shall notify the owner and board of aldermen in writing of the reasons for delaying issuance of a
permit and the estimated time frame before a permit may be issued. The decision of the director is
subject to appeal to the board of adjustment.
Street improvement requirements. The owner/developer of any infill housing project located
on a street which has been accepted for public use and maintenance by the city shall make a
contribution to the city in an amount equal to the full cost of construction of one-half (½) of a
twenty-six-foot wide asphalt street with concrete curb and gutter along the frontage of the
lot. Contributions for corner lots shall be based on the lot's longest frontage. The director of
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4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
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public works shall annually calculate the cost of such street construction on a lineal foot basis
and the most recent calculation as of the date of permit application shall be utilized to
determine any required contributions.
Funds received by the city pursuant to this subsection shall be deposited into the capital
improvement fund of the city and reserved for construction, reconstruction or substantial repair of
streets. Such funds may not be used for routine maintenance. Every reasonable effort shall be made to
utilize funds so received in the subdivision in which the applicable property is located.
In addition, the owner/developer shall be responsible for any damage caused to streets, cul-de-sacs,
bridges and street trees along routes used to access the development by construction equipment, trucks
or delivery vehicles.
(Ord. No. 2368, § 1, 7-24-06; Ord. No. 2490, § 1, 12-8-08; Ord. No. 2515, § 1, 9-28-09)
Secs. 6-5—6-20. - Reserved.
ARTICLE II. - AMUSEMENT DEVICES CODE
Footnotes:
--- (1) ---
Cross reference— Building code, § 6-36 et seq.; electrical code, § 6-51 et seq.; elevators code, § 6-66 et seq.;
mechanical code, § 6-81 et seq.; plumbing code, § 6-96 et seq.; fire prevention code, § 9-21 et seq.; explosives code, §
9-36 et seq.
Sec. 6-21. - Adopted.
The St. Louis County Amusement Devices Code, as amended, is hereby adopted as the amusement
devices code of the city.
(Ord. No. 1151, § 1(2), 7-22-85; Ord. No. 1370, § 1(1), 1-23-89)
Secs. 6-22—6-35. - Reserved.
ARTICLE III. - BUILDING CODE
Footnotes:
--- (2) ---
Cross reference— Amusement devices code, § 6-21; electrical code, § 6-51 et seq.; elevators code, § 6-66 et seq.;
mechanical code, § 6-81 et seq.; plumbing code, § 6-96 et seq.; fire prevention code, § 9-21 et seq.; explosives code, §
9-36 et seq.
Sec. 6-36. - Building codes adopted.
[1]
[2]
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> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
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The building code of the City of Des Peres shall include the 2018 Editions of the International Building
Code, the International Residential Code, the International Swimming Pool and Spa Code, the
International Existing Building Code, the International Fire Code, and the International Property
Maintenance Code as published by the International Code Council (ICC) together with all amendments
thereto adopted herein and shall collectively be referred to as "the building code."
Definitions.
Throughout the building code wherever the terms "name of jurisdiction" or "local
jurisdiction" appears it shall be deemed to mean "City of Des Peres, Missouri."
Throughout the building code, wherever the term "department of building safety"
appears, it shall be deemed to mean the department of public works of the city.
Throughout the building code wherever the term "building official" or "code official"
appears, it shall be deemed to mean the director of public works of the City of Des
Peres or his authorized representatives.
Throughout this code, wherever the terms NFPA 70 (Electrical), International Plumbing
Code or International Mechanical Code appears, it shall be deemed to mean the
electrical, plumbing and mechanical codes adopted by St Louis County with all
amendments thereto.
Throughout this code, wherever the term "board of building appeals" or "board of
appeals" appears, it shall mean the board of adjustment of the City of Des Peres.
Throughout this code, wherever permitting, inspection and enforcement of
mechanical, electrical or plumbing codes are referenced, enforcement of such codes
shall be by the St Louis County Department of Highways, Traffic and Public Works
under contract with the city.
International Building Code, 2018 Edition. Certain documents, a copy of which is on file in
the Office of the City Clerk of Des Peres, being marked and designated as the
International Building Code, 2018 edition as published by the International Code Council
(ICC) is hereby adopted as the building code of the city for regulating and governing the
conditions and maintenance of all property, buildings and structures; by providing the
standards for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for occupation and use; and
the condemnation of buildings and structures unfit for human occupancy and use and the
demolition of such structures as herein provided; providing for the issuance of permits
and collection of fees therefore; and each and all of the regulations, provisions, penalties,
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> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
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conditions and terms of said building code on file in the office of the city clerk are hereby
referred to, adopted and made a part hereof, as if fully set forth in this ordinance, with
the additions, insertions, deletions and changes set forth herein.
Amendments to the International Building Code (IBC), 2018 Edition are hereby
adopted as follows:
The following sections and subsections of the International Building Code are
deleted:
101.4.1 Gas
101.4.2 Mechanical
101.4.3 Plumbing
107.2.4 Exterior Walls - delete paragraph 2
109.2 Schedule of Permit Fees
109.6 Refunds
Amend Section 105.2
Delete the following language from work exempt from permits - Building:
Item #2 Fences Not Over 7 feet
Item #3 Oil Derricks
Item #10 Shade, cloth structures constructed for nursery or agricultural
purposes, not including service systems
Amend the following language from work exempt from permits - Buildings
Delete language in Section 105.5 Expiration and insert new language in lieu
thereof to read "Permits shall expire in accordance with Section 6.3 of the
Municipal Code."
Amend Section 107.3.1 to delete the phrase "Reviewed for Code Compliance"
and insert in lieu thereof the word "Approved"
Delete the language in Section 109.2 Schedule of Permit Fees and insert new
language in lieu thereof to read "Permit fees shall be paid in accordance with
Section 6.-37 of the Municipal Code
Section 111.2 Certificate Issued. Delete all language in the section following the
phrase "Certificate of Occupancy."
Section 903.3.1.2 NFPA 13R Sprinkler Systems: retitle as "NFPA 13 or NFPA 13R
Sprinkler Systems" and add the following language at the end of the paragraph
"with NFPA 13
Section 1006.1 Illumination Required: add text at the end of the paragraph to
read "including the exit discharge."
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> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
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> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
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ix.
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Add a new Section 1013.7 Retaining Walls to read as follows: "Guards shall be provi
walls have differences in grade level on either side of the wall in excess of 4 feet are
2 feet to a walk, path, parking lot or driveway on the high side of retaining walls."
Add a new Section 1612.3 establishment of Flood Hazard Areas: Include the
following words "as established in Article XI of this chapter" following the
words "adopted flood hazard map and supporting data as established in
Article XI of this chapter and are hereby adopted by reference and declared a
part of this section."
International Residential Code, 2018 Edition. Certain documents, a copy of which is on file
in the Office of the City Clerk of Des Peres, being marked and designated as the
International Residential Code, 2018 Edition, including Appendix Chapters H and J as
published by the International Code Council (ICC) is hereby adopted as the residential
code of the city for regulating and governing the construction, alternation, movement,
enlargement, replacement, repair, equipment, location, removal and demolition of
detached one- and two-family dwellings and multiple single-family dwellings (townhouses)
not more than three (3) stories in height with separate means of egress as herein
provided; providing for the issuance of permits and collection of fees therefore; and each
and all of the regulations, provisions, penalties, conditions and terms of said residential
code on file in the office of the city clerk are hereby referred to, adopted and made a part
hereof, as if fully set forth in this ordinance, with the additions
The following sections or subsections of the International Residential Building Code
are hereby deleted:
Section N1103.3.5 Building Cavities (Mandatory)
The following sections or subsections of the International Residential Code are hereby
amended
Amend Section 105.2 to delete the following language from work exempt from
permits - Buildings:
Item #2 Fences Not Over 6 feet
Item #10 Decks Not Exceeding 200 sq ft
Delete language in Section 105.5 Expiration - and insert in lieu thereof the
following language: "Permits shall expire in accordance with section 6.3 of this
Code
Amend Section 106.3.1 to delete the words "Reviewed for Compliance" and insert
the words "Approved."
Amend Section 301.2.1 Wind Limitations by adoption of the following Table
R201.2(1)
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5.
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TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Amend Section 302.2 Townhouses Exceptions: Add additional exception (#2) to
read as follows" A common 2-hour fire resistance rated wall assembly tested in
accordance with ASTM E119 or UL 263 is permitted for townhouses not protected
by an automatic residential fire sprinkler system if such walls do not contain
plumbing or mechanical equipment, ducts or vents in the cavity of the common
wall. The wall shall be rated for fire exposure from both sides and shall extend to
and be tight against exterior walls and the underside of the roof sheathing. The
common wall may also be two independent 1-hour fire-resistance-rated walls.
Amend Section R306 Sanitation by adoption of a new Sections identified as
Sections R306.5, and R306.6 to read as follows:
R306.5 Hose Bibs. Every dwelling shall provide at least one outside frost proof
hose bib. Hose bibs shall be protected from backflow in accordance with the
provision of the Plumbing Code.
R306.6 Floor Drain. A floor drain shall be installed within 15 feet of and in the
same room as the water heater(s), heating and cooling systems.
Amend Section R311.3.2 Floor Elevations for Exterior doors to delete the word
"two" and insert in lieu thereof the word "four" in the paragraph on exceptions.
Amend Section R313.2 One and Two Family Automatic Fire Sprinkler Systems to
delete all language and to adopt in lieu thereof the following: "On or before the
date of entering into a purchase contract, any builder of a single family dwelling or
EXPAND
Ground
Snow
Load
Wind Design Seismic
Design
Cate-
gory
Subject to Damage From Winter
Design
Temp
Ice
Barrier
Under-
layment
Re-
quired
Flood
Ha-
zardsSpeed
(mph)
Topo-
graphic
e ects
Wea-
thering
Frost line
depth;sup\sup;
Termite
20psf 115 NO C Severe 30 inches Slight to
moderate
2°F NO 6/11/
t e
h
d
k
a
c
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> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
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9.
10.
11.
i.
ii.
12.
i.
ii.
iii.
iv.
residences or multifamily buildings of four or fewer units shall offer to any
purchaser the option to install or equip such dwellings or residences with a fire
sprinkler system at the purchasers cost."
[Footnote: The 2018 IRC mandates automatic residential fire sprinkler systems to
be installed in all one and two family dwellings. Section 67.281, RSMO, prohibits
political subdivisions from requiring such sprinklers prior to December 31, 2024.]
Section R313.2.1 Design and Installation. Delete all language therein and adopt in
lieu thereof the following language: "Automatic residential fire sprinkler systems
shall be designed and installed in accordance with the Plumbing Code and NFPA
13R."
Section R322.1.7 delete the phrase "and Chapter 3 of the International Private
Sewage Disposal Code."
Section R403.1.4.1 Frost Protection.
Amend Exception #1 to delete the words "six hundred square feet" and insert
in lieu there the words "Two hundred fifty Square Feet"
Delete the exceptions #2 and #3 of this section.
Amend Section R405 Foundation Drainage to add additional subsections to read
as follows:
R405.1.2 If ground water is present, provide drain tile, perforated pipe, or
other approved drainage systems such as a water channel system around the
perimeter of the outside of the foundation and inside the foundation. Drain
discharge shall be by gravity to daylight or connected to a basement floor
sump."
R405.1.3 If no ground water is present, provide drain tile, perforated pipe or
other approved drainage systems such as a water channel system around the
perimeter of the outside of the foundation or inside the foundation. Drain
discharge shall be by gravity to daylight or connected to a basement floor
sump."
R405.1.4 Approved filter membranes shall be placed over the top of the
joints/pipe perforations. The tile/pipe shall be placed on a minimum of 2
inches of gravel or crushed stone and have a minimum of 6 inches of cover.
R405.1.5 The drainage system shall discharge by gravity to daylight or be
connected to an approved sump. The sump shall be a minimum of 18 inches
deep and be provided with a fitted cover. A sump pump shall be provided if
the basement is finished or partially finished with pump discharge by an
approved method.
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> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
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> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
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13.
14.
15.
i.
ii.
iii.
16.
i.
17.
Amend Section R509.2 Deck lateral load connection. To add additional language to read
"except for decks that are 100 square feet or less.
Add a New Section R1005.9 entitled "Required Fire Separation Enclosure" and to
read as follows: "All prefabricated "wood burning" metal chimneys shall be
enclosed in a fire resistant shaft with one layer of type-x ½ inch gypsum board or
equivalent, starting from the firebox connection to the underside of the roof
sheathing and fastened at a maximum 6 inches on center by a minimum 1 7/8
inches 6d coated nails or equivalent drywall screws. Except a chimney chase
located on an exterior wall of a structure need only be separated by lining the
walls between the chimney chase and the exterior wall of the structure as
specified in this section."
Amend Section N1101.13 (R401.2) Compliance. Projects shall comply with one of
the following:
Sections N1101.14 through N1104 as amended.
Section N1105 and the provisions of Section N1101.14 through N1104 labeled
"Mandatory."
An energy rating index (ERI) approach in N1106.
Amend Section N1101.14 (R401.3) Certificate (Mandatory). Add Exception:
Exception: All new Homes to be built shall include a code block outlining the
basic energy elements (R-values) of the home listed above and a copy of this
information will be provided by the builder to the buyer of the new home.
Amend Table N1102.1.2 and add the following additional footnote:
Climate Zone 4
Fenestration U-Factor 0.35
Skylight U-Factor 0.60 See Note b
Glazed Fenestration SHGC 0.40 See Note b&e
Ceiling R-Value 38
Wood Frame R-Value 13
Mass Wall R-Value 8/13 See Note I
Floor R-Value 19
Basement Wall R-Value O See Note J
Slab R-Value and Depth 10, 2 Ft' See Note D
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2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
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i.
18.
(4)
a.
1.
2.
i.
3.
i.
4.
5.
(j): Unfinished basements may have a total of 20% of the total basement wall area e
outside finished grade/ground level as un-insulated concrete foundation walls. The
area above the outside grade/ground level that may be un-insulated is determined
times the basement wall height of all walls (including insulated exterior frame walls
basements and walls common to both basement and attached garages) times the p
basement walls. Where basement wall insulation is provided, it shall extend down t
floor slab or to a minimum of 24" below the outside finished grade when the grade
slab elevation."
Amend Section 1103.1.1 Programmable thermostat (Optional)
The International Swimming Pool and Spa Code, 2018 Edition. Certain documents, a copy
of which is on file in the Office of the City Clerk of Des Peres, being marked and
designated as The International Swimming Pool and Spa Code, 2018 Edition as published
by the International Code Council (ICC) is hereby adopted as the residential code of the
city for regulating and governing the construction, alternation, movement, enlargement,
replacement, repair, equipment, and location of swimming pools and spas; providing for
the issuance of permits and collection of fees therefore; and each and all of the
regulations, provisions, penalties, conditions and terms of said swimming pool and spa
code on file in the office of the city clerk are hereby referred to, adopted and made a part
hereof, as if fully set forth in this ordinance, with the additions
The swimming pool and spa code is hereby amended as follows:
Throughout the swimming pool and spa code, wherever the terms NFPA 70
(Electrical), International Plumbing Code or International Mechanical Code
appears, it shall be deemed to mean the Electrical, Plumbing and Mechanical
Codes adopted by St Louis County with all amendments thereto.
Section 305.2.1.1 Barrier height and clearances - delete "48 inches (1219 mm)" and
insert in lieu thereof the "72 inches (1829 mm)." and Add Exception:
Exception: For residential swimming pools the top of the barrier shall not be
less than 48 inches (1219 mm) above grade where measured on the side of the
barrier that faces away from the pool or spa.
Section 305.2.10 Poolside barrier setbacks - delete "20 inches (508 mm)" and
insert in lieu thereof the "60 inches (1524 mm)." and Add Exception:
Exception: For residential swimming pools the required barrier shall not be
less than 20 inches (508 mm) from the water's edge.
Section 306.9.1 Hose Bibs - Hose Bibs shall be provided for rinsing the entire deck
and installed in accordance with the Plumbing Code.
Delete language in Section 311.4 Piping and Fittings - and insert in lieu thereof the
following language: "311.4 Piping, fittings, joints, piping subject to freezing, suction Prev Hit Next Hit
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> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
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6.
(5)
a.
1.
2.
3.
4.
5.
6.
outlet fittings, system draining, hydrostatic pressure test, and protection of
potable water supply. All piping, fittings, joints, piping subject to freezing, suction
outlet fittings, and system draining, shall be installed in accordance with the
Plumbing Code. Circulation piping, other than that integrally included in the pool
or spa shall be subject to hydrostatic pressure testing in accordance with the
Plumbing Code. Potable water supply systems shall be designed, installed, and
maintained in accordance with the Plumbing Code"
Delete Sections 311.4.1 Fittings, 311.4.2 Joints, 311.4.3 Piping subject to freezing,
311.4.4 Suction outlet fitting assemblies, 311.5 System draining, 311.9 Hydrostatic
pressure test, and 318.2 Protection of potable water supply.
The International Property Maintenance Code (IPMC), 2018 Edition. Certain documents, a
copy of which is on file in the Office of the City Clerk, being marked and designated as the
International Property Maintenance Code, 2018 Edition, as published by the International
Code Council (ICC), be and is hereby adopted as the Property Maintenance Code of the
City for regulating and governing the conditions and maintenance of all property,
buildings and structures; by providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that structures are safe, sanitary
and fit for occupation and use; and the condemnation of buildings and structures unfit for
human occupancy and use, and the demolition of such structures as herein provided;
providing for the issuance of permits and collection of fees therefore; and each and all of
the regulations, provisions, penalties, conditions and terms of said Property Maintenance
Code on file in the Office of the City Clerk are hereby referred to, adopted and made a
part hereof as if fully set out in this ordinance with the additions, insertions, deletions and
changes, if any, prescribed herein.
The Property Maintenance Code is hereby amended as follows:
Section 103.5 Fees - delete all language and adopt new language in lieu thereof to
read as follows: "The city shall be entitled to collect administrative and inspection
fees in amounts established in the Municipal Code
Section 112.4 Failure to Comply - delete the word "a fine of not less than (amount)
and more than (amount) dollars" and insert in lieu thereof the words "a fine in
accordance with the general penalty provisions of the Municipal Code."
Section 302.4 Weeds - insert the number eight (8") inches
Section 304.14 Insect Screens - delete in its entirety
Section 602.3 Heat Supply - insert the dates "October 1 thru March 31 "
Section 602.4 Occupiable Work Spaces - insert the dates October 1 thru March
31 .
st st
st
st
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> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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(a)
(b)
(c)
(Ord. No. 1151, § 1(2), 7-22-85; Ord. No. 1370, § 1(2), 1-23-89; Ord. No. 1712, § 2, 3-27-95; Ord. No. 1877,
§ 2, 1-12-98; Ord. No. 2051, § 2, 3-26-01; Ord. No. 2334, § 2(1), 8-8-05; Ord. No. 2562, § 1, 12-13-10; Ord.
No. 2873 , § 1, 9-14-20)
Sec. 6-37. - Fees.
Schedule. A fee for each plan examination and building permit shall be paid in accordance
with the following provisions of this section. The fee shall be paid in advance at the
department of public works in cash or by check payable to the city.
Construction cost estimates. If the building official believes that construction cost information
provided with respect to any permit fee based on cost of construction does not accurately
reflect the true value of the construction activity and materials specified in the relevant plans
the building official shall determine the fee on the basis of the true total cost of the relevant
construction. In reaching that determination the building official may take into account his or
her professional experience, other cost data filed with the department in association with
other permits, data for similar work in other jurisdictions in the St. Louis metropolitan market,
and standardized professional resources such as the most recent "Square Foot Construction
Cost" table published by the International Code Council from time to time.
If the building official intends to determine the fee on the basis of data other than solely that
submitted by the applicant the building official shall notify the applicant. The applicant may submit
additional information bearing on the true cost of construction for consideration by the building official,
including, but not limited to, bona fide contracts or other verification of unique or unusual
circumstances which have reduced the actual cost of the construction to be permitted. Courtesy
discounts, offsets, trade outs or other non-monetary considerations which may have reduced the
owner's actual cost will not be taken into account in determining the cost of construction. An applicant
aggrieved by a cost of construction determination by the building official may, within five (5) days of the
official's determination, request review and reconsideration of the cost determination by the city
administrator.
Commercial and industrial construction permit fees. The fee for a building permit and
inspections of commercial and industrial construction shall be determined by applying the
following table of fee rates to the total estimated cost of construction, as determined
heretofore. Permit processing, plan review and inspection charges are included in the fee
rate:
EXPAND
Total Cost of Construction Fee Rate
Building permit $150.00
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> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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(d)
(e)
Provided, however, in the event that the city contracts with a third party for plan review and
inspection services, such building permit fee shall be offset by any fees assessed under said contract
which must be paid to the third party by the contractor or owner.
Residential construction permit fees. The fee for a building and fire permit and inspections of
residential construction of new structures, alterations and additions to residential structures,
swimming pools and all other miscellaneous residential construction, shall be determined by
applying the following tables of fee rates to the total estimated cost of construction as
determined heretofore. Permit processing, plan review and inspection charges are included in
the fee rates:
Miscellaneous construction permit fees. Fees for miscellaneous construction permits
necessary for the enforcement of the code adopted by this article are as follows:
Total Cost of Construction Fee Rate
For each $1,000.00 or portion thereof $6.00
Fire permit $50.00
For each $1,000.00 or portion thereof $1.00
Occupancy, re-occupancy permits $50.00
Sign permits $25.00
Plus, for each square foot in excess of ten (10)
square feet
$1.50
EXPAND
Total Estimated Cost of Construction Fee Permit
Building permit $100.00
Per each $1,000.00 of improvement costs $6.00
EXPAND
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> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
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(f)
Administrative enforcement fees. Fees for administrative activities necessary for the
enforcement of the code adopted by this article are as follows:
> Permit Fee Rate> Permit Fee Rate
Grading permit (minimum)$50.00
Per each $1,000.00 of improvement costs $4.00
Site disturbance permit: Two acres or less $50.00
Site disturbance permit: Two to ve acres $100.00
Site disturbance permit: Five to ten acres $150.00
Site disturbance permit: More than ten acres $200.00
Parking lot permit $50.00
Fence permit fees $30.00
EXPAND
Activity Fee Rate
Permit extensions 50 percent of original permit cost
Amending permits:
a. Additional work $10.00 + balance of proper fee
b. Without added work $10.00 - no refund for new gure
Partial permit $10.00
Extra inspection $40.00
Re-occupancy permit $20.00
Temporary occupancy permit $25.00
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> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
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> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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(g)
(1)
(2)
(3)
(a)
(b)
The director of public works is authorized to waive permit and inspection fees and associated
street deposits for building and miscellaneous permits issued by the city under the following
conditions:
The work for which the permit is required is for safety or code compliance purposes
involving replacement or repair of an existing structure.
The owner shall be the occupant of the residential structure and shall execute an affidavit
stating that he/she has limited financial resources and cannot pay the permit fees in
addition to the cost of said improvements to his/her property.
No waivers shall be granted for additions, swimming pools or similar construction
projects.
(Ord. No. 937, § 1, 8-25-80; Ord. No. 1519, §§ 1, 2, 2-10-92; Ord. No. 1845, § 1, 7-14-97; Ord. No. 2058, § 3,
5-14-01; Ord. No. 2262, § 2, 11-24-03; Ord. No. 2368, § 2, 7-24-06; Ord. No. 2481, § 1 8-25-08; Ord. No.
2547, § 1, 8-23-10)
Cross reference— Licenses, permits and miscellaneous business regulations, Ch. 13.
Sec. 6-38. - Seismic design.
Any new construction or major structural renovation begun after January 1, 1991, all buildings
for which leases are executed by political subdivisions of this state after January 1, 1994, and
all buildings for which leases are executed by the state or any institution of higher education
after January 1, 1994, shall comply with the standards for seismic design and construction of
the building officials and code administrators code or of the uniform building code.
This section shall not apply to any building owned by the state, any institution of higher
education, or any political subdivision upon which construction was begun or finished before
Activity Fee Rate
Demolition permit $200.00
Service charge for refund $10.00 - maximum refund, 50 percent of total
permit fee
Subcontractor transfer $25.00
Board of survey compensation $50.00 - or as approved by the board of aldermen
Commencing construction without obtaining a
building permit
Doubling of fee to a maximum penalty of $500.00
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> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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(c)
(a)
(b)
(c)
February 25, 1991, the effective date of this section, any private structure with less than ten
thousand (10,000) square feet in total area, and any single-family or duplex residence.
As used in this section, the term "major structural renovation" means any reconstruction,
rehabilitation, addition, or other improvement of an existing structure, the costs of which
equals or exceeds fifty (50) percent of the market value of the structure before the start of
construction of the major structural renovation.
(Ord. No. 1466, § 1, 2-25-91)
Sec. 6-39. - Reserved.
Editor's note— Section 2 of Ord. No. 1877, adopted Jan. 12, 1998, repealed § 6-39 in its entirety.
Formerly, § 6-39 pertained to the amendments to the BOCA National Building Code and derived from § 2
of Ord. No. 1712, adopted Mar. 27, 1995 and § 1 of Ord. No. 1743, adopted Sept. 25, 1995. See § 6-36 for
further information.
Sec. 6-40 - Residential storm water control.
Prior to removal of any existing home, a detailed topographical map shall be submitted with
the demolition permit application clearly showing the location of all structures, driveways and
outbuildings on the parcel of land on which the primary residential building is to be
demolished. The topography shall extend at least fifty (50) feet into all adjoining parcels of
land. Contours shall be provided at two-foot intervals at a scale of one (1) inch to twenty (20)
inches for parcels containing two (2) acres or less and one (1) inch to forty (40) inches for
parcels in excess of two (2) acres. All existing storm sewer facilities, drainage pipes, ditches
and swales on the site must be shown. New grades for filling in the foundations shall be
shown in all instances where a building permit is not being sought simultaneously with the
demolition permit.
With each building permit application for a new home, in-ground swimming pools or for
building additions or accessory structures greater than two hundred fifty (250) square foot in
area, a detailed topography map shall be submitted showing the existing and proposed
topography as stated above. In addition, roof downspouts, culverts, swales and all points of
discharge shall be shown. All such downspouts and piping shall have energy dissipaters and
erosion control devices at their downstream end.
Calculations shall be provided reflecting the differential storm water run-off generated by the
new construction. Grading shall be designed in such a fashion as to direct any increased
water run off into existing storm water sewers or otherwise designed to minimize the impact
of such runoff onto adjoining downhill parcels and to avoid sending concentrated streams of
water. Common property line swales shall not be reduced in size. Slopes of yard areas shall
not exceed 3:1 unless retaining walls are utilized. Grading shall not block existing swales or
watercourses and shall not redirect water flow onto other sites. All materials to be used in the
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(d)
(a)
(b)
(c)
yard areas shall be indicated on the site plan and their locations properly shown. Such
materials may include but are not limited to seed, sod, asphalt, concrete, brickwork, pre-cast
block for retaining walls, mulch beds, ground cover and similar plant materials. Any piping
installed must end at least ten (10) feet inside the property line unless such piping is fully
connected underground to a storm sewer structure or approved creek.
With each demolition permit or new building permit as stated above, a detailed erosion
control plan shall be provided indicating the exact materials and locations where devices will
be placed. All devices shall be located at least two (2) feet inside the property line or street
line and along all downhill portions of the site. Such devices shall be installed prior to the start
of any excavation work and shall be maintained in good condition until such time as all the
seed, sod and any planter beds have been established. No street deposit refunds will be
released until such time as all seed or sod and planter beds have been completed and all
erosion control devices remove from the premises. Failure to maintain these devices may be
grounds for issuance of a stop work order or forfeiture of the street deposit to the city. In
addition, thereto, the city may repair or cause to be repaired any erosion control devices
which are not maintained in good order
(Ord. No. 2096, § 1, 2-11-02)
Sec. 6-41. - Non-residential stormwater control.
Prior to the removal of any non-residential structure, a detailed topographical map shall be
submitted with the demolition permit application clearly showing the location of all
structures, driveways and outbuildings on the parcel of land on which the non-residential
building is to be demolished. The topography shall extend at least fifty (50) feet into all
adjoining parcels of land. Contours shall be provided at two-foot intervals at a scale of one (1)
inch to twenty (20) inches for parcels containing two (2) acres or less and one (1) inch to forty
(40) inches for parcels in excess of two (2) acres. All existing storm sewer facilities, drainage
pipes, ditches and swales on the site must be shown. New grades for filling in the foundations
shall be shown in all instances where a building permit is not being sought simultaneously
with the demolition permit.
With each building permit application for a new non-residential building, building additions,
accessory structures or parking lot modifications greater than two hundred fifty (250) square
foot in area, a detailed topography map shall be submitted showing the existing and
proposed topography as stated above. In addition, roof downspouts, culverts, swales and all
points of discharge shall be shown. All such downspouts and piping shall have energy
dissipaters and erosion control devices at their downstream end.
Calculations shall be provided reflecting the differential stormwater run-off generated by the
new construction. Grading shall be designed in such a fashion as to direct any increased
water run off into existing stormwater sewers or otherwise designed to minimize the impact
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(d)
of such runoff and to avoid sending concentrated streams of water onto adjoining downhill
parcels. Common property line swales shall not be reduced in size. Slopes of yard areas shall
not exceed three to one (3:1) unless retaining walls are utilized. Grading shall not block
existing swales or watercourses and shall not redirect water flow onto other sites. All
materials to be used in the yard areas shall be indicated on the site plan and their locations
properly shown. Such materials may include but are not limited to seed, sod, asphalt,
concrete, brickwork, pre-cast block for retaining walls, mulch beds, ground cover and similar
plant materials. Any piping installed must end at least ten (10) feet inside the property line
unless such piping is fully connected underground to a storm sewer structure or approved
creek.
With each demolition permit or new building permit as stated above, a detailed erosion
control plan shall be provided indicating the exact materials and locations where devices will
be placed. All devices shall be located at least two (2) feet inside the property line or street
line and along all downhill portions of the site. Such devices shall be installed prior to the start
of any excavation work and shall be maintained in good condition until such time as all the
seed, sod and any planter beds have been established. No street deposit refunds will be
released until such time as all seed or sod and planter beds have been completed and all
erosion control devices remove from the premises. Failure to maintain these devices may be
grounds for issuance of a stop work order or forfeiture of the street deposit to the city. In
addition, thereto, the city may repair or cause to be repaired any erosion control devices
which are not maintained in good order.
(Ord. No. 2267, § 1, 12-8-03)
Secs. 6-42—6-50. - Reserved.
ARTICLE IV. - ELECTRICAL CODE
Footnotes:
--- (3) ---
Cross reference— Amusement devices code, § 6-21; building code, § 6-36 et seq.; elevators code, § 6-66 et seq.;
mechanical code, § 6-81 et seq. plumbing code, § 6-96 et seq; fire prevention code, § 9-16 et seq.; explosives code, §
9-36 et seq.
Sec. 6-51. - Electrical code adopted.
The National Electrical Code, 2015 Edition, as amended by St Louis County Ordinance 27,430 enacted
June 11, 2019, is hereby adopted as the electrical code of the City of Des Peres effective October 1, 2019
as if fully set forth herein.
[3]
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(Ord. No. 1151, § 1(3), 7-22-85; Ord. No. 1370, § 1(3), 1-23-89; Ord. No. 1712, § 3, 3-27-95; Ord. No. 1877,
§ 3, 1-12-98; Ord. No. 2022, § 2, 8-28-00; Ord. No. 2037, § 1, 12-11-00; Ord. No. 2263, § 2(1), 12-8-03; Ord.
No. 2284, § 2(1), 4-12-04; Ord. No. 2367, § 2, 6-12-06; Ord. No. 2561, § 1, 12-13-10; Ord. No. 2853 , § 1, 10-
28-19; Ord. No. 2869 , § 2, 6-8-20)
Secs. 6-52—6-65. - Reserved.
ARTICLE V. - ELEVATORS CODE
Footnotes:
--- (4) ---
Cross reference— Amusement devices code, § 6-21; building code, § 6-36 et seq.; electrical code, § 6-51 et seq.;
mechanical code, § 6-81 et seq. plumbing code, § 6-96 et seq; fire prevention code, § 9-16 et seq.; explosives code, §
9-36 et seq.
Sec. 6-66. - Adopted.
The St. Louis County Elevators Code, as amended, is hereby adopted as the elevator code of the city.
(Ord. No. 1151, § 1(4), 7-22-85; Ord. No. 1370, § 1(4), 1-23-89)
Secs. 6-67—6-80. - Reserved.
ARTICLE VI. - MECHANICAL CODE
Footnotes:
--- (5) ---
Cross reference— Amusement devices code, § 6-21; building code, § 6-36 et seq.; electrical code, § 6-51 et seq.;
elevators code, § 6-66 et seq.; plumbing code, § 6-96 et seq; fire prevention code, § 9-16 et seq.; explosives code, § 9-
36 et seq.
Sec. 6-81. - Mechanical code adopted.
The ICC Mechanical Code, 2015 Edition, as published by the International Code Council, together with
all amendments adopted by St Louis County Ordinance 27,619 enacted December 5, 2019, is hereby
adopted as the mechanical code of the City of Des Peres effective July 1, 2020 as if fully set forth herein.
(Ord. No. 1151, § 1(6), 7-22-85; Ord. No. 1370, § 1(6), 1-23-89; Ord. No. 1712, § 4, 3-27-95; Ord. No. 2051,
§ 2, 3-26-01; Ord. No. 2263, § 2(2), 12-8-03; Ord. No. 2284, § 2(2), 4-12-04; Ord. No. 2334, § 2(2), 8-8-05;
Ord. No. 2561, § 2, 12-13-10; Ord. No. 2869 , § 3, 6-8-20)
Secs. 6-82—6-95. - Reserved.
[4]
[5]
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(a)
(1)
(2)
(3)
ARTICLE VII. - PLUMBING CODE
Footnotes:
--- (6) ---
Cross reference— Amusement devices code, § 6-21; building code, § 6-36 et seq.; electrical code, § 6-51 et seq.;
elevators code, § 6-66 et seq.; mechanical code, § 6-81 et seq.; fire prevention code, § 9-16 et seq.; explosives code, §
9-36 et seq.
Sec. 6-96. - Plumbing code adopted.
The Uniform Plumbing Code, 2015 Edition, as published by the International Association of Plumbing
and Mechanical Officials together with all amendments adopted amended by St Louis County Ordinance
27,424 enacted June 4, 2019, is hereby adopted as the plumbing code of the City of Des Peres effective
October 1, 2019 as if fully set forth herein.
(Ord. No. 1151, § 1(7), 7-22-85; Ord. No. 1370, § 1(7), 1-23-89; Ord. No. 1712, § 5, 3-27-95; Ord. No. 2051,
§ 2, 3-26-01; Ord. No. 2334, § 2(3), 8-8-05; Ord. No. 2561, § 3, 12-13-10; Ord. No. 2854 , § 1, 10-28-19; Ord.
No. 2869 , § 4, 6-8-20)
Secs. 6-97—6-110. - Reserved.
ARTICLE VIII. - CONSTRUCTION AND OCCUPANCY PERMITS
Footnotes:
--- (7) ---
Cross reference— Licenses, permits and miscellaneous business regulations, Ch. 13.
Sec. 6-111. - Required.
No building shall be erected, demolished, reconstructed, or altered in any way, unless a
construction or demolition permit has been issued by the building commissioner.
Application shall be made for a building or demolition permit before work is started;
except, however, no demolition permit shall be required for any demolition or structure
removal undertaken by or on behalf of the city pursuant to the city's dangerous buildings
and/or nuisance ordinances.
The building commissioner shall issue the permit only upon a finding that the work will
conform to all of the applicable ordinances of the city.
Each applicant for a building or demolition permit shall be provided a notice sign
indicating the fact that an application has been filed with the city's building commissioner
[6]
[7]
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(b)
(1)
(2)
(c)
(a)
(1)
(2)
and describing the general nature of the work to be performed. The sign must
immediately be posted on the property for which the permit is sought in a manner
reasonably calculated to be visible to the public at such location as may be designated by
the building commissioner. The notice shall also state the date upon which the city is
expected to act upon the application and advise the public that information about the
intended work may be obtained from the city's public works department. The notice may
be removed from the property once the application has been acted upon by the building
commissioner.
No land or structure or building of any kind shall be occupied or used for any purpose(s)
unless a certificate of occupancy has been approved by the building commissioner and
approved and issued by the director of public works and planning.
Application shall be made for the occupancy permit before occupancy or use is
commenced.
The building commissioner shall approve the permit only upon a finding that each use or
occupancy is lawful and conforms to the provisions of this chapter, and that the building
itself conforms to the provisions of all applicable ordinances of the city. He shall submit
the permit to the director of public works and planning for approval and issuance.
Any change of a commercial use or occupancy shall require a certificate of occupancy under
this section.
(Code 1980, § 425.010; Ord. No. 1803, § 1, 9-24-96)
Sec. 6-112. - Records.
The building commissioner shall maintain, for such reasonable time as the director of public works
shall determine, a file of all construction, demolition and occupancy permits applied for or issued by that
office. Copies of construction and demolition permits and applications shall be available on request for
examination by the public.
(Code 1980, § 425.020; Ord. No. 1804, § 1, 9-24-96)
Sec. 6-113. - Sanitary prerequisites.
No building or structure shall be erected, reconstructed or altered in any way, nor shall it be
used for any purpose unless:
There is an approved sanitary sewer system which connects to an approved treatment
plant, serving the building or structure.
A plan for disposal of sanitary sewage, approved by the county health department, and
consistent with applicable water pollution prevention standards and regulations is
presented to the building commissioner with the application for a building permit.
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(3)
(b)
(a)
(1)
(2)
(3)
(4)
(5)
a.
b.
This subsection shall apply only to buildings or structures which are or may be used in a way w
or can produce effluent.
No occupancy permit shall be issued for the occupancy or use of any building or structure
unless adequate sewage treatment facilities have been installed and approved by the county
health department, and are in compliance with state water pollution prevention standards
and regulations.
(Code 1980, § 425.030)
Sec. 6-114. - Street and development deposits.
A development deposit in an amount set by the director of public works in his or her
reasonable professional judgment in light of the purposes hereinafter set forth but not less
than one thousand dollars and no cents ($1,000.00) is required for all permits to guarantee
repair of any damage to the public infrastructure during construction or demolition and to
guarantee that the construction or demolition process does not become detrimental to
neighboring properties and/or the community in general. All such permits are subject to
limitations and restrictions on construction and demolition activities including but not limited
to:
No permit holder shall deposit mud, rocks or other foreign matter onto any public or
private street or right-of-way.
No permit holder shall damage any public or private street, sidewalk, utility facility or
private property.
No permit holder shall permit the accumulation of any junk or debris on the premises.
No permit holder shall be permitted to create a public or private nuisance relating to
odors, noise, dust or lighting.
No permit hold shall be permitted to work outside the normal construction hours defined
as 8:00 a.m. until 6:00 p.m. Monday through Saturdays. Provided, however, construction
hours are extended to 7:00 a.m. between Memorial Day and Labor Day.
The director of public works shall be authorized to deduct from such development deposit
such sums of monies as necessary to cover the cost of the following:
A re-inspection fee of fifty dollars ($50.00) per inspection following any notice given in
writing or verbally to the owner, contractor or subcontractor, of violations of in-fill
housing standards in section 6-04 of this Code or demolition standards in section 6-
115 of this Code.
The true and actual cost of manpower, equipment and associated expenses incurred
by the city, or an agent of the city, to remediate violations of this section including
repair of damaged streets or public rights-of-way, removal of trash or debris from the
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c.
(b)
(1)
(2)
(3)
(4)
site; removal of dirt or debris from roadways, maintenance of storm water siltation
control devices and similar construction related work.
An administrative assessment of fifty dollars ($50.00) per incident for blocking public
streets without a permit, or for conducting construction or demolition related activity
outside of permitted hours.
In addition, the director of public works may issue a stop work order for any construction or
demolition site where egregious or repeated violations of the requirements of this chapter have
occurred and keep such order in force until such time as a reasonable plan to assure compliance is
developed and approved.
Any administrative assessment or stop work order may, upon written request, be reviewed by the city
administrator and, absent satisfactory resolution, may then be appealed to the board of adjustment,
whose decision shall be final.
Development deposits shall be collected in conjunction with issuance of permits and permit
fees according to the following schedule:
Residential building permits:
Housing unit .....$2,500.00
Accessory structure .....1,500.00
Swimming pool .....1,500.00
Addition .....1,000.00
Interior alteration .....500.00
Deck .....500.00
Commercial zoning and fire permits:
Building over 50,000 sq. ft. .....$5,000.00
Building under 50,000 sq. ft. .....3,000.00
Accessory structure .....2,000.00
Addition .....2,500.00
Interior alteration .....1,000.00
Parking lot modification .....1,000.00
Demolition permit .....1,000.00
Grading permit .....2,500.00
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Sign permit .....500.00
Fence permit .....250.00
If it is determined that the applicant has either damaged or deposited foreign matter onto a
public street or right-of-way, the city shall deduct the cost of cleaning or repairing such street
or right-of-way from the deposit amount. The city shall also withhold any partial or full refund
of the deposit amount if the applicant is in violation of any of the construction limitations
outlined in this section. Such deposit shall not be refunded except upon certification that the
project has been completed.
(Ord. No. 2058, § 4, 5-14-01; Ord. No. 2266, § 1, 12-8-03; Ord. No. 2368, § 3, 7-24-06; Ord. No. 2622, § 1,
6-11-12)
Sec. 6-115. - Demolition of non-residential structures.
No non-residential building or accessory structures, whether located in a commercial or residential
zoning district, shall be demolished without first obtaining a demolition permit from the department of
public works and strict adherence to the following general terms and conditions:
An application for a demolition permit (on a form provided by the city) shall be filed with
the director of public works including the following:
A site plan of the entire property clearly showing which buildings and facilities are to
be removed;
A schedule for starting and completing the work;
A grading and erosion control plan including plans for establishment of suitable
ground cover after demolition;
A fencing plan showing location and fencing materials.
A protective fence is required as a condition of a demolition permit when any of the
following conditions are present:
If the demolition process will result in the interior of the structure being accessible to
the general public overnight;
If the basement and/or foundation of the structure is not backfilled on the same day
as demolition.
If the demolition, including removal of all debris, will not be or has not been
completed within fifteen (15) calendar days.
If the demolition site is located in a residential zoning district and the building or
structure cannot be demolished and backfilled in a single day.
Whenever, in the sole professional judgment of the director of public works, a fence is
necessary for public safety or to prevent creation of an attractive nuisance.
Protective fencing shall be a minimum of six (6) feet in height and shall be so constructed
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(4)
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and installed as to effectively prohibit entry by unauthorized persons, screen the site from
public view and prohibit the migration of materials off site. Fences (a) may be chain link
with a top rail and full height opaque screening fabric or wood; (b) shall be maintained in
a secure and intact condition at all times; (c) shall have a lockable gate, and (d) shall be
installed and maintained in a workmanlike manner. The director of public works may
determine the location of fencing and specify all or that portion of the property which
must be enclosed in order to achieve the safety and aesthetic goals of these regulations.
The demolition shall proceed continuously once started and shall be completed, including
removal of demolition debris, within the time fixed by the director of public works based
upon the director's professional judgment of the amount of time reasonably necessary to
perform work of the character and extent and at the location involved.
No deposits required in conjunction with a demolition permit shall be released until such
time as all construction debris is removed and approved ground cover established.
(Ord. No. 2622, § 1, 6-11-12)
Secs. 6-116—6-130. - Reserved.
ARTICLE IX. - DEMOLITION OF BUILDINGS
Footnotes:
--- (8) ---
Editor's note— Ord. No. 2718, § 1, adopted Feb. 23, 2015, repealed the former Art. IX, §§ 2-131—2-138, and enacted
a new Art. IX as set out herein. The former Art. IX pertained to similar subject matter and derived from Code 1980, §
265.070; and Ord. No. 1499, §§ 1, 2, adopted Oct. 14, 1991.
Sec. 6-131. - Certain buildings and structures deemed to be a nuisance.
Any building or structure now within or which may hereafter be constructed or erected within the city
which is on either public or private property and which shall be deemed by the director of public works
to be detrimental to the health, safety or welfare of the citizens of Des Peres, shall be declared to be a
public nuisance. The director of public works shall, in making his determination as to whether a building
or structure is detrimental to the health, safety or welfare of the citizens, give consideration to the
condition of the building or structure, the surrounding property, the age of such building or structure,
the location within the city and any other conditions which the director deems advisable, including, but
not limited to the existence of any of the following circumstances:
Any physical condition, or use of any premises regarded as a public nuisance at common
law; or
Any physical condition, use or occupancy of any premises or its appurtenances
considered dangerous or an attractive nuisance to children, including, but not limited to,
[8]
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abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
Any premises which has unsanitary sewerage or plumbing facilities; or
Any premises designated as unsafe for human habitation or use; or
Any premises which is manifestly capable of being a fire hazard, or manifestly unsafe or
unsecure as to endanger life, limb or property; or
Any premises from which the plumbing, heating and/or other facilities required by the
ordinances of the city have been removed, or from which utilities have been
disconnected, destroyed, removed or rendered ineffective, or the required precautions
against trespassers have not been provided; or
Any premises which is unsanitary, or which is littered with rubbish or garbage, or which
has an excessive growth of weeds; or
Any structure or building that is in a state of dilapidation, deterioration or decay; faulty
construction; overcrowded; open, vacant or abandoned; damaged to an extent so as not
to provide shelter; be in danger of collapse or failure, or otherwise be dangerous to
persons on or near the premises, including, but not limited to:
Those with interior walls or other vertical structural members that list, lean or buckle
to such an extent that a plumb line passing through the center of gravity falls outside
the middle third of its base;
Those that, exclusive of the foundation, show thirty-three (33) percent or more
damage or deterioration of the supporting member or members or fifty (50) percent
damage or deterioration of the non-supporting enclosing or outside walls or covering;
Those that have improperly distributed loads upon the floors or roofs, or in which the
same are overloaded or that have insufficient strength to be reasonably safe for the
purpose used;
Those that have been damaged by fire, wind or other causes so as to become
dangerous to life, safety or the general health and welfare of the occupants or the
people of the city;
Those that are so dilapidated, decayed, unsafe, unsanitary or that so utterly fail to
provide the amenities essential to decent living that they are unfit for human
habitation, or are likely to cause sickness or disease, so as to work injury to the health,
safety or welfare of those occupying such building;
Those having light, air and sanitation facilities that are inadequate to protect the
health, safety or general welfare of human beings who live or may live therein;
Those having inadequate facilities for egress in case of fire or panic or those having
insufficient stairways, elevators, fire escapes or other adequate means of evacuation;
or
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(H)
(a)
(b)
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Those that have parts thereof that are so attached that they may fall and injure members o
or property.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-132. - Building inspectors and director of public works; duties and
notices to vacate, recondition, or remove.
All city police officers and all other city employees so designated by the director of public
works shall be "building inspectors" within the meaning of this article.
A building inspector shall have the duty under this article to:
Inspect, or cause to be inspected, as often as may be necessary, all residential, institutional,
assembly, commercial, industrial, garage, special or miscellaneous occupancy buildings for
the purpose of determining whether an conditions exist that render such places a dangerous
building when the inspector has reasonable grounds to believe that any such building is
dangerous;
Inspect any building, wall or structure about which complaints are filed by any person to the
effect that a building, wall or structure is or may be existing in violation of this ordinance, and
the building inspector determines that there are reasonable grounds to believe that such
building or wall is dangerous, and
Inspect any building, wall or structure reported by the Department of Public Safety as
probably existing in violation of this article; and
Notify the director of public works of any building or structure in violation of section 6-131.
The director of public works, upon determining that a building or structure is detrimental to
the health, safety or welfare of the residents of the city, shall serve written notice upon the
owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the
building or structure as shown by the land records of the county recorder of deeds that the
property is to be vacated, if such is the case, and/or reconditioned or removed and that such
vacation, reconditioning or removal shall be commenced within ten (10) days following receipt
of such notice, which may be served either by personal service, or certified mail, return
receipt requested, but if service cannot be had by either of these modes of service then
service may be had by publication. If service is by publication, the notice shall state that the
vacation, reconditioning or removal shall be commenced within ten (10) days following such
publication.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-133. - Hearing on order to repair, recondition, demolish or remove.
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(1)
Upon the failure of the owner, occupant, or other interested person to vacate and/or to commence
work of reconditioning or demolition of a building or structure within the time specified in section 6-132,
or upon the failure of such person to proceed continuously with the work without unnecessary delay,
the director of public works shall call and have a full and adequate hearing upon the matter giving the
affected parties at least twenty-one (21) days' written notice of the hearing. The owner, occupant, lessee,
mortgagee, agent, and all other persons having an interest in the building or structure as shown by the
land records of the recorder of deeds of the county shall be made parties. At such hearing any party
may be represented by counsel and all parties shall have an opportunity to be heard. After the hearing,
if the evidence supports a finding that the building or structure is a nuisance or detrimental to the
health, safety or welfare of the residents of the city, the director of public works shall issue an order
making specific findings of fact based upon competent and substantial evidence which shows the
building or structure to be a nuisance or detrimental to the health, safety or welfare of the residents of
Des Peres, and ordering the building or structure to be repaired, reconditioned, demolished or removed.
If the evidence does not support a finding that the building or structure is a nuisance or detrimental to
the health, safety or welfare of the residents of the city, no order shall be issued.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-134. - City to repair recondition, demolish or remove, special tax bill.
If the owner, occupant or other interested person after receipt of the order provided for in section 6-
133, and within a reasonable time thereafter does not commence repair, reconditioning, demolition or
removal of the building or structure, or an appeal is not taken as hereafter provided, then the director of
public works shall issue an order whereby the building or structure is to be repaired, reconditioned,
demolished or removed and the cost of such repair, reconditioning, demolition or removal shall be
certified to the city clerk who shall cause a special tax bill therefor to be issued against the property. The
tax bill from the date of its issuance shall be a personal debt against the property owner and shall also
be a lien on the property until paid. At the request of the taxpayer, the tax bill may be paid in
installments over a period of not more than ten (10) years.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-135. - Insurance.
If there are proceeds of any insurance policy based upon a covered claim payment made for damage
or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty
loss, the following procedure exists for the payment of up to twenty-five (25) percent of the insurance
proceeds, as set forth in subsections (1) and (2) of this section. The ordinance shall apply only to a
covered claim payment which is in excess of fifty (50) percent of the face value of the policy covering a
building or other structure:
The insurer shall withhold from the covered claim payment up to twenty-five (25) percent
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(2)
(a)
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of the covered claim payment, and shall pay such moneys to the city to deposit into an
interest-bearing account. Any named mortgagee on the insurance policy shall maintain
priority over any obligation under this section.
The city shall release the proceeds and any interest which has accrued on such proceeds
received under subsection (1) of this section to the insured or as the terms of the policy
and endorsements thereto provide within thirty (30) days after receipt of such insurance
moneys, unless the city has instituted legal proceedings under the provisions of section 6-
134. If the city has proceeded under the provisions of section 6-134, all moneys in excess
of that necessary to comply with the provisions of section 6-134 for the removal of the
building or structure, less salvage value, shall be paid to the insured.
This section shall apply to fire, explosion, or other casualty Joss claims arising on all buildings and
structures. This section does not make the city a party to any insurance contract, and the insurer is not
liable to any party for any amount in excess of the proceeds otherwise payable under its insurance
policy. The city may certify that in lieu of payment of all or part of the covered claim payment under this
section, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild
or otherwise make the premise safe and secure. In this event, the city shall issue a certificate within
thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction
pursuant to this section. It shall be the obligation of the insured or other person making claim to provide
the insurance company with the written certificate provided for in this section. Failure to comply with
the notice of declaration of nuisance within a reasonable time or failure to proceed continuously without
unnecessary delay will be punishable as set forth in this article or section 1-10 of this Code.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-136. - Appeal.
Any person affected by any notice or order which has been issued in connection with the
enforcement of any provision of this section or of any rule or regulation adopted pursuant
thereto, shall have the right to request and shall be granted a hearing on the matter before
the board of aldermen, provided that such person shall file, with the city clerk, a written
petition requesting such hearing and containing a statement of the grounds therefore within
ten (10) days after the day the notice was served.
The board shall hear all appeals relative to the enforcement of this Code, and by a concurring
vote of the majority of its members may reverse or affirm wholly or partly, or modify, the
decision appealed from and shall make such order or determination as in the opinion of the
board ought to be made.
Any owner, occupant or other interested party who shall be aggrieved by the decision and
order of the board of aldermen may appeal such decision to the circuit court as provided in
Chapter 536 of the Revised Statutes of Missouri, as amended, provided however, that such
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(1)
(2)
(3)
appeal is filed in the appropriate court within ten (10) days of the date of the determination of
the board.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-137. - Emergency measures.
In cases where it reasonably appears that there is an immediate danger to the health, safety or
welfare of any person, the board of aldermen may take emergency measures to vacate and repair or
demolish a dangerous building or structure.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-138. - Provisions in article are in addition to, and not in lieu of other
remedies.
The provisions of this article shall be in addition to, and not in lieu of, any remedies available under
other ordinances of the city pertaining to public nuisances.
(Ord. No. 2718, § 1, 2-23-15)
Secs. 6-139—6-150. - Reserved.
ARTICLE X. - EXTERIOR CONDITION OF BUILDINGS, ACCESSORY
STRUCTURES AND PREMISES
Sec. 6-151. - Purpose.
The general purpose of this article is to protect the public health, safety and general welfare of the
people of the city. These general objectives include, among others, the following specific purposes:
To protect the character and stability of all areas within the city.
To provide minimum exterior standards for the maintenance of existing residential
dwellings, commercial buildings, accessory structures, and premises, and thus prohibit
the spread of slums and blight.
To thus preserve the taxable value of land, commercial buildings, and dwellings
throughout the city.
(Code 1980, § 270.010; Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 2, 6-10-91)
Sec. 6-152. - De nitions.
As used in this article, the following terms shall have the meanings indicated in this section:
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(a)
(b)
(c)
Accessory structure. A detached structure subordinance to the main or principal structure and
located on the same lot, the use of which is customary to the main dwelling or the main commercial
building.
Commercial building. Any building, or portion thereof, which is designed or used for purposes other
than residential.
Dwelling. Any building, or portion thereof, which is designed or used exclusively for residential
purposes.
Fixtures and hardware. An element or feature present on the premises or exterior of a dwelling,
commercial building, or accessory structure, including awnings, shutters, flagpoles, lamps, barbecue pits,
and other semipermanently affixed structures.
Litter. Garbage, trash, refuse, junk, brush, inoperative machinery or vehicles, rubbish, or other waste
material.
Premises. A lot, plot or parcel of land, or any part thereof, including the dwelling, commercial
building, accessory structure or structures.
Structure. Anything constructed or erected, the use of which requires permanent location on the
ground or attached to something having a permanent location on the ground, including but without
limiting the generality of the foregoing, backstops for tennis courts, radio towers, memorials and
ornamental structures. The word "structure" includes the words "building," "commercial building,"
"dwelling," or "accessory structure" in addition to the foregoing.
(Code 1980, § 270.100; Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 3, 6-10-91)
Cross reference— Definitions and rules of construction generally, § 1-3.
Sec. 6-153. - Minimum standards—Dwellings, commercial buildings, or
structures.
Foundations. Every foundation shall be reasonably weathertight, rodentproof, and shall be
kept in good repair. The foundation elements shall adequately support the building at all
points.
Walls. Every exterior wall shall be free of holes, breaks, loose or rotting siding and any other
conditions which might admit rain or dampness to the interior portions of the walls or
structure. All exterior surface material shall be kept in good repair and shall be protected by
paint or other protective coating applied in a workmanlike manner.
Windows, doors and hatchways. Every window, exterior door, and basement hatchway shall
be substantially tight and shall be kept in sound condition and repair. Every window sash and
door shall fit reasonably tight within its frame and shall be properly hinged. Every window
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5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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shall be fully supplied with glass panes, or a rigid translucent substitute, free of cracks or
holes. Screens, if installed, shall be kept in good repair.
Stairways and porches. Every exterior stairway and every porch shall be kept in safe condition
and sound repair. Every exterior flight of stairs and every porch floor shall be free of
deterioration. Every porch rail and balustrade shall be firmly fastened and maintained in good
condition. No flight of stairs shall have rotting, loose or deteriorating supports. No porch shall
have rotting, loose or deteriorating supports or floors. All exterior stairways, porches and
handrails shall be constructed in accordance with the applicable building code standards of
construction and shall be maintained in such a manner as to be capable of supporting the
load that normal use may cause to be placed thereon.
Chimneys and flues. Any brick, masonry or other structural chimney or flue and any attached
accessories shall be kept in sound repair.
Gutters. Every structure shall be guttered where appropriate and with ample downspouts,
properly positioned and in good repair.
Roof. All roofs shall be sufficiently waterproof, weatherproof and fitted to exclude the
entrance of rain, rodents, birds, and other impediments to the maintenance of interior health
and safety. All surface materials shall be kept in good repair.
Accessory structures. All accessory structures shall be maintained in good condition and shall
be compatible with their intended use.
Fixtures and hardware. Fixtures and hardware shall be maintained in good condition and
repair.
Exterior surfaces. All exterior material coating, where appropriate, shall be properly applied
and maintained.
(Code 1980, § 270.110; Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 4, 6-10-91)
Sec. 6-154. - Condition of grounds.
Every yard, court, vent passageway, driveway, sidewalk and other portion of any premises
shall be free of litter, weeds, and other safety hazards, graded and drained so as to prevent
the accumulation of stagnant water on any such surface. Driveways, fences and sidewalks
shall be maintained in good repair.
Gravel from gravel driveways must be retained in the driveway and kept clear of sidewalks
and streets.
This section does not prohibit residential composting performed in a manner which does not
violate any health and/or safety regulations as determined by the director of public works.
Residential composting shall only be permitted in rear yards and only in appropriate
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composting facilities and/or structures as determined by the director of public works with due
regard to vermin control, odors and avoidance of dispersion of compost materials by wind,
rain or other natural forces.
Any dead, diseased or dangerous tree shall be removed immediately when the height of such
tree is equal to or less than its distance from any power line, structure or impervious surface
such as a public or private street, a parking lot, sidewalk or driveway.
All plantings on a lot shall be maintained in a proper manner to reduce public safety hazards.
Trees shall be pruned regularly to remove dead branches. Shrubs and flowering beds shall be
trimmed or cut back regularly to prevent the potential of harboring vermin and other
dangerous pests.
(Code 1980, § 270.120; Ord. No. 911, § 1, 3-24-80; Ord. No. 1478, § 1, 4-22-91; Ord. No. 2038, § 1, 12-11-
00; Ord. No. 2261, § 1, 11-24-03)
Sec. 6-155. - Enforcement.
It shall be the duty of the director of public works to enforce the provisions of this article. The
director of public works or his agents are authorized and directed to make exterior
inspections only, to determine whether dwellings, commercial buildings, accessory structures,
structures, or premises located within this city conform to the requirements of this article.
Inspections of property under this article shall be made after the effective date of the
ordinance from which this article is derived where there is exterior deterioration of a dwelling,
commercial building, accessory structure, structure, or premise.
For the purpose of making such inspections, the director of public works or his agents are
authorized to enter upon the premises to examine exterior structure and ground conditions.
(Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 5, 6-10-91)
Sec. 6-156. - Emergency measures.
When any dwelling, commercial building, accessory structures, or structure has become so damaged
by fire, wind or other causes, or any premises has become so unsafe, unhealthful or unsanitary that, in
the opinion of the director of public works and concurred in by the city administrator, life or health is
immediately endangered by the occupation of such premises, the director of public works is hereby
authorized and empowered to order and require the occupants of the premises to vacate immediately,
until the corrective work and repairs required to make the premises safe and fit for human habitation
have been completed, whether or not a notice of violation has been given as described in this article,
and whether or not legal procedures described by this Code have been instituted.
(Code 1980, § 270.140; Ord. No. 911, § 1, 3-24-80; Ord. No. 1478, § 2, 4-22-91; Ord. No. 1483, 6, 6-10-91)
Sec. 6-157. - Noncompliance with article; notice of defects.
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Whenever the director of public works determines that there are reasonable grounds to believe th
has been a violation of any provisions of sections 6-161 through 6-156, the director shall cause not
such alleged violation to be served upon the owner, occupant, lessee, mortgagee, agent, and all ot
persons having an interest in the building, structure, or premises as shown by the land records of
recorder of deeds of St. Louis County which shall:
Be in writing;
Contain a statement of the reason it is being issued;
Contain an outline of remedial action which if taken will effect compliance with the
provisions of this article;
Allow a reasonable time for the performance of any act it requires;
Be served upon the owner, occupant, lessee, mortgagee, agent, and other persons having
an interest in the building, structure, or premises. Such notice shall be deemed to be
properly served if a copy thereof is:
Served personally, or
Sent by registered or certified mail to the person's last known address, or
If service cannot be had by either of these modes of service, then service may be had
by publication.
A copy of the notice may also be posted in a conspicuous place on or about the building,
structure, or premises affected by the notice.
Any building, structure, or premises which is not maintained in conformity with the
requirements of sections 6-151 through 6-156 is hereby declared to be a public nuisance. It
shall be unlawful for any person upon whom notice in accord with subsection (a) has been
served to fail to complete the required remedial action within the time specified by the
director of public works. Any person found guilty of maintaining such a nuisance or failing to
take required remedial action shall be punished as provided in section 1-10 of this Code of
Ordinances.
(Code 1980, § 270.150; Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 7, 6-10-91; Ord. No. 1841, § 1, 5-27-97)
Sec. 6-158. - Inoperable or abandoned vehicles.
For the purpose of this section the following definitions shall apply:
Person means any person, firm, partnership, association, corporation, company, or
organization of any kind.
Vehicle means a machine propelled by power, other than human power, designed to
travel along the ground by use of wheels, treads, runners, or slides, and transport persons
or property or pull machinery. This definition includes, but is not limited to, automobiles,
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trucks, trailers, motorcycles, tractors, buggies, wagons, and all parts normally comprising
or used in conjunction with such automobiles, trucks, trailers, motorcycles, tractors,
buggies, or wagons.
Minor motor vehicle repairs means incidental repairs or services to motor vehicles
including changing flat tires, repairing or servicing the electrical or ignition system,
replacing hoses, cleaning or replacing filters, installing minor accessories, and adding or
replacing lubricants, coolants, refrigerants, or hydraulic system fluids.
Front yard means the area extending across the front of a lot between the lot lines, and
encompassing the area between the street right-of-way line and the principal building. In
the case of corner lots, the front yard shall be deemed the yard facing any street.
Rear yard means a yard extending across the full width of the lot and lying between the
rear line of the lot and the nearest line of the principal building.
Side yard means that part of the yard lying between the nearest line of the principle
building and a side lot line and extending from the front yard to the rear yard.
Inoperable when used in reference to vehicles or machinery means that the vehicle or
machine is not readily capable of operating in its intended manner.
No person in charge or control of any property within the city, whether as owner, tenant,
occupant, lessee, or otherwise, shall allow any partially dismantled, inoperable, wrecked,
junked, unlicensed, or discarded vehicle, or any parts normally comprising or used in
conjunction therewith, to remain on such property longer than twenty-four (24) hours except
in accordance with the following conditions:
A vehicle may remain on the premises of a business operated in a lawful place and
manner when necessary to the operation of such business enterprise only if the vehicle is
retained for the purpose of repair; provided, however, that no more than two (2) such
vehicles may remain on such premises other than in a fully enclosed garage.
A vehicle may be stored in an appropriate storage place or depository maintained in a
lawful place and manner by the city.
A vehicle may be stored at any time in an enclosed building.
In residential districts, one (1) such vehicle may be stored only in a rear yard, a side yard,
or a carport, providing that such vehicle is adequately screened from view at normal eye
level from any street or from any adjoining lot by fencing, landscaping or some similar
device.
No person shall repair or service any motor vehicle in any residential zoning district except as
hereinafter provided.
A vehicle may be repaired if the repairs are limited to those defined herein as minor
motor vehicle repairs and are fully completed within a period of twenty-four (24) hours or
less. Prev Hit Next Hit
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> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
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4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
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Repairs, other than minor repairs, may be undertaken only if confined to a completely enclose
building or to a rear yard, side yard, or carport, providing that such repair activity is adequately
screened from view at normal eye level from any street or from any adjoining lot by fencing,
landscaping or some similar device.
All repairs shall be limited to vehicles owned or operated by the resident or residents
living within the principle building.
No person shall leave any partially dismantled, nonoperating, wrecked, junked, or discarded
vehicle on any street or highway within the city.
No person shall undertake any vehicle repairs, other than minor repairs, upon any street or
highway within the city. Any minor repairs conducted on a street or highway in the city must
be fully completed within a period of six (6) hours or less.
It shall be the duty of the director of public works to enforce the provisions of this section.
Whenever the director of public works determines that a person is violating the provisions of
this section, he shall give notice of such alleged violation which shall:
Be in writing;
Be served upon the person or a member of his immediate family personally, or delivered
by registered or certified mail to his last known address;
Contain a statement of the reason why it is being issued;
Contain a statement concerning what action should be taken to effect compliance with
this section; and
Allow a reasonable time for the performance of any act necessary to effect compliance.
Any person who violates the provisions of this section shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished as provided by section 1-10 of
this Code of Ordinances.
(Ord. No. 1343, § 1, 8-22-88; Ord. No. 1471, § 1, 3-25-91)
Cross reference— Garbage, trash and refuse, Ch. 11; health and sanitation, Ch. 12; motor vehicles and
traffic, Ch. 14; towing, impoundment and disposition of abandoned or illegally parked vehicles, § 14-331
et seq.; stolen, lost or abandoned property, lawfully possessed weapons, etc., § 16-146 et seq.; streets,
sidewalks and public places, Ch. 18.
Sec. 6-159. - Parking and storage of commercial vehicles, recreational
equipment and house trailers.
For the purpose of this section the following definitions shall apply:
Maximum cargo capacity means that weight specified by the manufacturer of a vehicle
which is the maximum weight of cargo which the vehicle was designed to carry. The
maximum cargo weight stated on an information plate attached to the vehicle shall be
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3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
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> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
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presumed to be the maximum cargo capacity of a vehicle.
Commercial vehicle means any motor vehicle used for business or institutional purposes
or having painted thereon or affixed thereto a sign identifying a business or institution or
a principle product or service of a business or institution, which has a maximum cargo
capacity in excess of one thousand five hundred (1,500) pounds. This term shall also
include trailers designed, intended or used for the transportation of material or
equipment and not coming within the definition of "recreational equipment."
Recreational equipment means a camper trailer, pick-up camper (not attached to the
truck), motorized mobile home, boat, house boat, boat trailer, horse trailer, dunebuggies,
snowmobiles, motorcycles and ATV (all terrain vehicles), or any similar equipment
designed, constructed, or modified for recreational or travel use and otherwise not
primarily used for ordinary day to day transportation.
House trailer means a self-contained mobile structure designed to be used for dwelling
purposes, rather than recreational or travel purposes, which has been or reasonably may
be transported on its own wheels or on a flatbed or other trailer. This definition shall not
include construction trailers, provided a permit has been obtained from the building
commissioner.
Front yard means the area extending across the front of a lot between the lot lines, and
encompassing the area between the street right-of-way line and the principle building. In
the case of corner lots, the front yard shall be deemed the yard facing any street.
Rear yard means a yard extending across the full width of the lot and lying between the
rear line of the lot and the nearest line of the principle building.
Side yard means that part of the yard lying between the nearest line of the principle
building and a side lot line and extending from the front yard to the rear yard.
Enclosed garage means a structure which is primarily designed or intended for the
storage of vehicles and which, when all accesses to the interior are closed, has the ability
to totally shield from view anything stored therein.
No person shall park or store or allow any other person to park or store any commercial
vehicle, recreational equipment, or house trailer on private property in a residentially zoned
area except in accordance with the following conditions:
Any commercial vehicle, house trailer, or recreational equipment may be parked or
stored, at any time, in an enclosed garage.
A maximum of one (1) commercial vehicle and one (1) item of recreational equipment
shall be permitted to be parked or stored in a rear yard, a side yard, or a carport;
providing, that such parked vehicles and stored equipment are screened from view at
normal eye level from any street or from any adjoining lot by fencing, landscaping, or
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> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
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Recreational equipment may be parked in a driveway or on any street immediately adjacent to
owned or occupied by the owner or user of such equipment, for the purposes of loading and u
but no such parking shall exceed twenty-four (24) hours in any five-day period.
A commercial vehicle may be parked in a driveway or on any street immediately adjacent
to property owned or occupied by the beneficiary of such services or transportation, while
services are being provided or goods are being picked up or delivered.
Recreational equipment may be parked on private property in a residentially-zoned area
for a period of seven (7) consecutive days or less if the owner of such property obtains a
permit from the department of public works. No property owner shall obtain more than
three (3) such permits in any 12-month period and provided that permit may not be
issued so as to permit parking of such vehicles for more than fourteen (14) consecutive
days.
It shall be the duty of the director of public works to enforce the provisions of this section.
Whenever the director of public works determines that a person is violating the provisions of
this section, he shall give notice of such alleged violation which shall:
Be in writing;
Be served upon the person or member of his immediate family personally, or delivered by
registered or certified mail to his last known address;
Contain a statement of the reason why it is being issued;
Contain a statement concerning what action should be taken to effect compliance with
this section; and
Allow a reasonable time for the performance of any act necessary to effect compliance,
except in cases of emergency, at which time said director of public works may order
immediate compliance.
When a person subject to the provisions of this section can show that the strict application of
the terms hereof will impose practical difficulties or particular hardships, such person may
apply for a variance from the provisions of this section by filing a written application with the
city administrator. The city administrator may consider and allow variations to the strict
application of the terms of this section if such variations are in harmony with the purpose and
intent of this section, and if they will not be injurious to the surrounding property or
otherwise detrimental to the public welfare.
Any person who violates the provisions of this section shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished as provided by section 1-10 of
this Code.
(Ord. No. 1344, § 1, 8-22-88; Ord. No. 1471, § 2, 3-25-91; Ord. No. 1917, § 1, 9-14-98)
Cross reference— Motor vehicles and traffic, Ch. 14; streets, sidewalks and other public places, Ch. 18.
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> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
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(a)
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Sec. 6-160. - Temporary storage.
As used in this section the following terms shall mean as follows:
Accessory building means a subordinate building customarily incidental to and located on the same
lot occupied by a main building, subordinate in area, extent, or purposes to the main building, limited to
and contributing to the comfort, convenience or necessity of the occupants of the main building. For
purposes of this section, an accessory building differs from a temporary storage device, portable on
demand storage unit and storage shed in that it is constructed pursuant to a building permit, and is
permanently affixed to realty.
PODS is an acronym and common name for portable on demand storage units.
Portable on demand storage unit means a container designed, constructed and commonly used for
non-permanent placement on property for the purpose of temporary storage of personal property.
Storage shed means a prefabricated structure designed, intended and installed on property primarily
for the long-term storage of yard, pool and garden equipment and similar personal property.
Storage trailers includes trucks, trailers, and other vehicles or parts of vehicles designed to be hitched
or attached to trucks, tractors or other vehicles for movement from place to place used as a temporary
storage device.
No person shall park or leave any storage trailer, PODS or similar device so as to be visible
from public rights-of-way without obtaining a permit from the department of public works
and paying a permit fee of twenty-five dollars ($25.00). The permit shall specify the time
period, not exceeding fourteen (14) days, when the unit may be kept on the property and the
location on the property where the unit is to be situated. No more than three (3) permits may
be issued for any lot or parcel of property in any twelve-month period.
This section shall not apply to the use or placement of construction trailers and equipment on
property in association with ongoing construction activities carried out pursuant to a valid
building permit.
(Ord. No. 2271, § 2, 1-26-04)
Secs. 6-161—6-170. - Reserved.
ARTICLE XI. - FLOOD HAZARD DAMAGE PREVENTION AND
PROTECTION
Footnotes:
--- (9) ---
Editor's note— Ord. No. 2711, §§ 1, 2, adopted Jan. 12, 2015, repealed the former Art. XI, §§ 6-171—6-197, and
enacted a new Art. XI as set out herein. The former Art. XI pertained to similar subject matter and derived from Ord. No.
2229, adopted Dec. 30, 2002; and Ord. No. 2401, §§ 1A, 1B, adopted Feb. 26, 2007.
[9]
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DIVISION 1. - GENERALLY
Sec. 6-171. - De nitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to
give them the meaning they have in common usage and to give this article its most reasonable
application.
100-year flood see "base flood."
Accessory structure means the same as "appurtenant structure."
Actuarial rates see "risk premium rates."
Administrator means the Federal Insurance Administrator.
Agency means the Federal Emergency Management Agency (FEMA).
Appeal means a request for review of the floodplain administrator's interpretation of any provision of
this article or a request for a variance.
Appurtenant structure means a structure that is on the same parcel of property as the principle
structure to be insured and the use of which is incidental to the use of the principal structure.
Area of special flood hazard is the land in the floodplain within a community subject to a one (1)
percent or greater chance of flooding in any given year.
Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any
given year.
Basement means any area of the structure having its floor subgrade (below ground level) on all sides.
Building see "structure."
Chief executive officer or chief elected official means the official of the community who is charged
with the authority to implement and administer laws, ordinances, and regulations for that community.
Community means any state or area or political subdivision thereof, which has authority to adopt and
enforce floodplain management regulations for the areas within its jurisdiction.
Development means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
Elevated building means for insurance purposes, a non-basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
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Eligible community or participating community means a community for which the administrator has
authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
Existing construction means for the purposes of determining rates, structures for which the "start of
construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs
effective before that date. "Existing construction" may also be referred to as "existing structures."
Existing manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from (1) the overflow of inland and/or (2) the unusual and rapid accumulation or
runoff of surface waters from any source.
Flood boundary and floodway map (FBFM) means an official map of a community on which the
administrator has delineated both special flood hazard areas and the designated regulatory floodway.
Flood elevation determination means a determination by the administrator of the water surface
elevations of the base flood, that is, the flood level that has a one (1) percent or greater chance of
occurrence in any given year.
Flood elevation study means an examination, evaluation and determination of flood hazards.
Flood fringe means the area outside the floodway encroachment lines, but still subject to inundation
by the regulatory flood.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the
administrator, where the boundaries of the flood areas having special flood hazards have been
designated as (unnumbered or numbered) A zones.
Flood insurance rate map (FIRM) means an official map of a community, on which the administrator
has delineated both the special flood hazard areas and the risk premium zones applicable to the
community.
Flood insurance study (FIS) means an examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
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Floodplain or flood-prone area means any land area susceptible to being inundated by water from
any source (see "flooding'').
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans, flood
control works, and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and
other applications of police power. The term describes such state or local regulations, in any
combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
Floodproofing means any combination of structural and nonstructural additions, changes, or
adjustments to structures that reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, or structures and their contents.
Floodway or regulatory floodway means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one (1) foot.
Floodway encroachment lines means the lines marking the limits of floodways on federal, state and
local floodplain maps.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of
floodplain management. "Freeboard" tends to compensate for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood and floodway
conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
Functionally dependent use means a use that cannot perform its intended purpose unless it is
located or carried out in close proximity to water. This term includes only docking facilities and facilities
that are necessary for the loading and unloading of cargo or passengers, but does not include long-term
storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is (a) listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary
of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or
preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district; (c) individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of the Interior; or (d)
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programs that have been certified either (1) by an approved state program as determined by the
Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved
programs.
Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area
other than a basement area, is not considered a building's lowest floor, provided that such enclosure is
not built so as to render the structure in violation of the applicable floodproofing design requirements
of this article.
Manufactured home means a structure, transportable in one (1) or more sections, that is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two (2) or more manufactured home lots for rent or sale.
Map means the flood hazard boundary map (FHBM), flood insurance rate map (FIRM), or the flood
boundary and floodway map (FBFM) for a community issued by the Federal Emergency Management
Agency (FEMA).
Market value or fair market value means an estimate of what is fair, economic, just and equitable
value under normal local market conditions.
Mean sea level means, for purposes of the National Flood Insurance Program (NFIP), the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's flood insurance rate map (FIRM) are referenced.
New construction means, for the purposes of determining insurance rates, structures for which the
"start of construction" commenced on or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start of construction"
commenced on or after the effective date of the floodplain management regulations adopted by a
community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lot on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by the community.
NFIP means the National Flood Insurance Program (NFIP).
Participating community also known as an "eligible community," means a community in which the
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Person includes any individual or group of individuals, corporation, partnership, association, or any
other entity, including federal, state, and local governments and agencies.
Principally above ground means that at least fifty-one (51) percent of the actual cash value of the
structure, less land value, is above ground.
Recreational vehicle means a vehicle which is (a) built on a single chassis; (b) four hundred (400)
square feet or less when measured at the largest horizontal projections; (c) designed to be self-
propelled or permanently towable by a light- duty truck; and (d) designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. A
recreational vehicle is considered ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick-disconnect type utilities and security devices, and has no permanently
attached additions.
Remedy a violation means to bring the structure or other development into compliance with federal,
state, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its
noncompliance.
Repetitive loss means flood-related damages sustained by a structure on two (2) separate occasions
during a ten-year period for which the cost of repairs at the time of each such flood event, equals or
exceeds twenty-five (25) percent of the market value of the structure before the damage occurred.
Risk premium rates means those rates established by the administrator pursuant to individual
community studies and investigations which are undertaken to provide flood insurance in accordance
with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating costs and allowances.
Special flood hazard area see "area of special flood hazard."
Special hazard area means an area having special flood hazards and shown on an FHBM, FIRM or
FBFM as zones (unnumbered or numbered) A and AE.
Start of construction includes substantial-improvements, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvements were within one hundred eighty (180) days of the permit date. The
actual start means either the first placement of permanent construction of a structure on a site, such as
the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond
the stage of excavation, or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling, the installation of
streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of
temporary forms, nor installation on the property of accessory structures, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building. Prev Hit Next Hit
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a.
b.
c.
a.
State coordinating agency means that agency of the state government, or other office designated by
the governor of the state or by state statute at the request of the Administrator to assist in the
implementation of the National Flood Insurance Program (NFIP) in that state.
Structure means, for floodplain management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for
insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is
principally above ground and affixed to a permanent site, as well as a manufactured home on a
permanent foundation. For the latter purpose, the term includes a building while in the course of
construction, alteration or repair, but does not include building materials or supplies intended for use in
such construction, alteration or repair, unless such materials or supplies are within an enclosed building
on the premises.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the
market value of the structure before the damage occurred. The term includes Repetitive Loss buildings
(see definition).
For the purposes of this definition, "repair" is considered to occur when the first repair or
reconstruction of any wall, ceiling, floor, or other structural part of the building commences.
The term does not apply to:
Any project for improvement of a building required to comply with existing health,
sanitary, or safety code specifications which have been identified by the code
enforcement official and which are solely necessary to assure safe living conditions, or
Any alteration of a "historic structure" provided that the alteration will not preclude the
structure's continued designation as a "historic structure", or
Any improvement to a building.
Substantial improvement means any combination of reconstruction, alteration, or improvement to a
building, taking place during a ten-year period, in which the cumulative percentage of improvement
equals or exceeds fifty (50) percent of the current market value of the building. For the purposes of this
definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
building. This term includes structures, which have incurred "repetitive loss" or "substantial damage",
regardless of the actual repair work done.
The term does not apply to:
Any project for improvement of a building required to comply with existing health,
sanitary, or safety code specifications which have been identified by the Code
Enforcement Official and which are solely necessary to assure safe living conditions, or
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b.
c.
(a)
(b)
(1)
(2)
(3)
Any alteration of a "historic structure" provided that the alteration will not preclude the structu
continued designation as a "historic structure," or
Any building that has been damaged from any source or is categorized as repetitive loss.
Substantially improved existing manufactured home parks or subdivisions is where the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty
(50) percent of the value of the streets, utilities and pads before the repair, reconstruction or
improvement commenced.
Variance means a grant of relief by the community from the terms of a floodplain management
regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be
varied by the community.
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required by this article is
presumed to be in violation until such time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD)
of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the
floodplain.
(Ord. No. 2711, § 1, 1-12-15)
Sec. 6-172. - Statutory authorization, ndings of fact and purpose.
Statutory authorization. The Missouri General Assembly has in Section 89.020 RSMo
delegated the responsibility to local governmental units to adopt floodplain management
regulations designed to protect the health, safety, and general welfare. Therefore, the board
of aldermen of the City of Des Peres, Missouri, ordains as follows.
Findings of fact.
Flood losses resulting from periodic inundation. The special flood hazard areas of the City
are subject to inundation which results in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base; all of which
adversely affect the public health, safety and general welfare.
General causes of the flood losses. These flood losses are caused by (1) the cumulative
effect of development in any delineated floodplain causing increases in flood heights and
velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods,
hazardous to others, inadequately elevated, or otherwise unprotected from flood
damages.
Methods used to analyze flood hazards. The flood insurance study (FIS) that is the basis of
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a.
b.
c.
d.
e.
(c)
(1)
(2)
(3)
(a)
this article uses a standard engineering method of analyzing flood hazards which consist
of a series of interrelated steps.
Selection of a base flood that is based upon engineering calculations which permit a
consideration of such flood factors as its expected frequency of occurrence, the area
inundated, and the depth of inundation. The base flood selected for this article is
representative of large floods which are characteristic of what can be expected to
occur on the particular streams subject to this article. It is in the general order of a
flood which could be expected to have a one (1) percent chance of occurrence in any
one (1) year as delineated on the Federal Insurance Administrator's FIS, and
illustrative materials for St. Louis County dated February 4, 2015, as amended, and
any future revisions thereto.
Calculation of water surface profiles are based on a standard hydraulic engineering
analysis of the capacity of the stream channel and overbank areas to convey the
regulatory flood.
Computation of a floodway required to convey this flood without increasing flood
heights more than one (1) foot at any point.
Delineation of floodway encroachment lines within which no development is
permitted that would cause any increase in flood height.
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines,
but still subject to inundation by the base flood.
Statement of purpose. It is the purpose of this article to promote the public health, safety,
and general welfare; to minimize those losses described in subsection (b)(1) of this section; to
establish or maintain the community's eligibility for participation in the National Flood
Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and
to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this article to:
Restrict or prohibit uses that are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities;
Require uses vulnerable to floods, including public facilities that serve such uses, be
provided with flood protection at the time of initial construction; and
Protect individuals from buying lands which are unsuited for the intended development
purposes due to the flood hazard.
(Ord. No. 2711, § 1, 1-12-15)
Sec. 6-173. - General provisions.
Lands to which article applies. This article shall apply to all lands within the jurisdiction of the
city identified as numbered and unnumbered A zones and AE zones, on the flood insurance
rate maps (FIRMs) for St. Louis County on map panels 29189C0301K, 29189C0302K,
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29189C0303K, 29189C0304K, 29189C0306K, dated February 4, 2015, as amended, and any
future revisions thereto. In all areas covered by this article, no development shall be
permitted except through the issuance of a floodplain development permit, granted by the
board of aldermen or its duly designated representative under such safeguards and
restrictions as the board of aldermen or the designated representative may reasonably
impose for the promotion and maintenance of the general welfare, health of the inhabitants
of the city, and as specifically noted in section 6-174.
The floodplain administrator. The director of public works is hereby designated as the
floodplain administrator under this article. The director of public works may appoint and
utilize such assistant administrators as he/she shall deem necessary and appropriate to assist
with performing his/her duties hereunder.
Compliance. No development located within the special flood hazard areas of this city shall be
located, extended, converted, or structurally altered without full compliance with the terms of
this article and other applicable regulations.
Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this article
imposes greater restrictions, the provision of this article shall prevail. All other ordinances
inconsistent with this article are hereby repealed to the extent of the inconsistency only.
Interpretation. In their interpretation and application, the provisions of this article shall be
held to be minimum requirements, shall be liberally construed in favor of the city, and shall
not be deemed a limitation or repeal of any other powers granted by statutes.
Warning and disclaimer of liability. The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based on engineering and scientific
methods of study. Larger floods may occur on rare occasions or the flood heights may be
increased by man-made or natural causes, such as ice jams and bridge openings restricted by
debris. This article does not imply that areas outside the floodway and flood fringe or land
uses permitted within such areas will be free from flooding or flood damage. This article shall
not create a liability on the part of the city, any officer or employee thereof, for any flood
damages that may result from reliance on this article or any administrative decision lawfully
made thereunder.
Severability. If any section, clause, provision or portion of this article is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article
shall not be affected thereby.
(Ord. No. 2711, § 1, 1-12-15)
DIVISION 2. - ADMINISTRATION
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Sec. 6-174. - Administration.
Floodplain development permit required. A floodplain development permit shall be required
for all proposed construction or other development, including the placement of
manufactured homes, in the areas described in section 6-173(a). No person, firm, corporation,
or unit of government shall initiate any development or substantial improvement or cause the
same to be done without first obtaining a separate floodplain development permit for each
structure or other development.
Duties and responsibilities of floodplain administrator. Duties of the floodplain administrator
shall include, but not be limited to:
Review of all applications for floodplain development permits to assure that sites are
reasonably safe from flooding and that the floodplain development permit requirements
of this article have been satisfied;
Review of all applications for floodplain development permits for proposed development
to assure that all necessary permits have been obtained from federal, state, or local
governmental agencies from which prior approval is required by federal, state, or local
law;
Review all subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, to determine whether such proposals will be
reasonably safe from flooding;
Issue floodplain development permits for all approved applications;
notify adjacent communities and the Missouri State Emergency Management Agency
(SEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to FEMA;
Assure that the flood carrying capacity is not diminished and shall be maintained within
the altered or relocated portion of any watercourse;
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the
lowest floor, including basement, of all new or substantially improved structures;
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the
new or substantially improved non-residential structures have been floodproofed;
When floodproofing techniques are utilized for a particular non-residential structure, the
city shall require certification from a registered professional engineer or architect.
Application for floodplain development permit. To obtain a floodplain development permit,
the applicant shall first file an application in writing on a form furnished for that purpose.
Every floodplain development permit application shall:
Describe the land on which the proposed work is to be done by lot, block and tract, house
and street address, or similar description that will readily identify and specifically locate
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the proposed structure or work;
Identify and describe the work to be covered by the floodplain development permit;
Indicate the use or occupancy for which the proposed work is intended;
Indicate the assessed value of the structure and the fair market value of the
improvement;
Specify whether development is located in designated flood fringe or floodway;
Identify the existing base flood elevation and the elevation of the proposed development;
Give such other information as reasonably may be required by the city planner;
Be accompanied by plans and specifications for proposed construction; and
Be signed by the permittee or his authorized agent who may be required to submit
evidence to indicate such authority.
(Ord. No. 2711, § 1, 1-12-15)
DIVISION 3. - PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 6-175. - Provisions for ood hazard reduction.
General standards.
No permit for floodplain development shall be granted for new construction, substantial
improvements, and other improvements, including the placement of manufactured
homes, within any numbered or unnumbered A zones and AE zones, unless the
conditions of this section are satisfied.
All areas identified as unnumbered A zones on the FIRM are subject to inundation of the
100-year flood; however, the base flood elevation is not provided. Development within
unnumbered A zones is subject to all provisions of this article. If flood insurance study
data is not available, the community shall obtain, review, and reasonably utilize any base
flood elevation or floodway data currently available from federal, state, or other sources.
Until a floodway is designated, no new construction, substantial improvements, or other
development, including fill, shall be permitted within any numbered A zone or AE zone on
the FIRM, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one (1) foot at any
point within the community.
All new construction, subdivision proposals, substantial improvements, prefabricated
structures, placement of manufactured homes, and other developments shall require:
Design or adequate anchorage to prevent flotation, collapse, or lateral movement of
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the structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
Construction with materials resistant to flood damage;
Utilization of methods and practices that minimize flood damages;
All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other
service facilities be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding;
New or replacement water supply systems and/or sanitary sewage systems be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters, and on-site waste disposal systems be
located so as to avoid impairment or contamination; and
Subdivision proposals and other proposed new development, including manufactured
home parks or subdivisions, located within special flood hazard areas are required to
assure that:
All such proposals are consistent with the need to minimize flood damage;
All public utilities and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage;
Adequate drainage is provided so as to reduce exposure to flood hazards; and
All proposals for development, including proposals for manufactured home parks
and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include
within such proposals base flood elevation data.
Storage, material, and equipment.
The storage or processing of materials within the special flood hazard area that are in
time of flooding buoyant, flammable, explosive, or could be injurious to human,
animal, or plant life is prohibited.
Storage of other material or equipment may be allowed if not subject to major
damage by floods, if firmly anchored to prevent flotation, or if readily removable from
the area within the time available after a flood warning.
Nonconforming use. A structure, or the use of a structure or premises that was lawful
before the passage or amendment of the article, but which is not in conformity with the
provisions of this article, may be continued subject to the following conditions:
If such structure, use, or utility service is discontinued for twelve (12) consecutive
months, any future use of the building shall conform to this article.
If any nonconforming use or structure is destroyed by any means, including flood, it
shall not be reconstructed if the cost is more than fifty (50) percent of the pre-
damaged market value of the structure. This limitation does not include the cost of
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any alteration to comply with existing state or local health, sanitary, building, safety
codes, regulations or the cost of any alteration of a structure listed on the National
Register of Historic Places, the State Inventory of Historic Places, or local inventory of
historic places upon determination.
Specific standards.
In all areas identified as numbered and unnumbered A zones and AE zones, where base
flood elevation data have been provided, as set forth in section 6-173(a), the following
provisions are required:
Residential construction. New construction or substantial-improvement of any
residential structures, including manufactured homes, shall have the lowest floor,
including basement, elevated to one (1) foot above base flood elevation.
Non-residential construction. New construction or substantial improvement of any
commercial, industrial, or other non-residential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated to one (1) foot above
the base flood elevation or, together with attendant utility and sanitary facilities, be
floodproofed so that below the base flood elevation the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such certification shall be provided
to the Floodplain Administrator as set forth in subsection 6-174(b)(9).
Require, for all new construction and substantial-improvements that fully enclosed
areas below lowest floor used solely for parking of vehicles, building access, or storage
in an area other than a basement and that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet or exceed the
following minimum criteria:
A minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding shall be
provided; and
The bottom of all opening shall be no higher than one (1) foot above grade.
Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
Manufactured homes.
All manufactured homes to be placed within all unnumbered and numbered A zones and
AE zones, on the city's FIRM shall be required to be installed using methods and practices
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that minimize flood damage. For the purposes of this requirement, manufactured homes
must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors.
Require manufactured homes that are placed or substantially improved within
unnumbered or numbered A zones and AE zones, on the city's FIRM on sites:
Outside of manufactured home park or subdivision;
In a new manufactured home park or subdivision;
In an expansion to and existing manufactured home park or subdivision; or
In an existing manufactured home park or subdivision on which a manufactured
home has incurred substantial-damage as the result of a flood, be elevated on a
permanent foundation such that the lowest floor of the manufactured home is
elevated to one (1) foot above the base flood elevation and be securely attached to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
Require that manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within all unnumbered and numbered A
zones and AE zones, on the city's FIRM, that are not subject to the provisions of
subsection 6-175(c)(2) of this article, be elevated so that either:
The lowest floor of the manufactured home is at one (1) foot above the base flood
level; or
The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six (36) inches in
height above grade and be securely attached to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
Floodway. Located within areas of special flood hazard established in subsection 6-173(a) are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of flood waters that carry debris and potential projectiles, the following provisions
shall apply:
The city shall select and adopt a regulatory floodway based on the principle that the area
chosen for the regulatory floodway must be designed to carry the waters of the base
flood without increasing the water surface elevation of that flood more than one (1) foot
at any point.
The city shall prohibit any encroachments, including new construction, substantial-
improvements, and other development within the adopted regulatory floodway unless it
has been demonstrated through hydrologic and hydraulic analyses performed in
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accordance with standard engineering practice that the proposed encroachment would
not result in any increase in flood levels within the community during the occurrence of
the base flood discharge.
If subsection 6-175(d)(2) is satisfied, all new construction and substantial-improvements
shall comply with all applicable flood hazard reduction provisions of section 6-175.
In unnumbered A zones, the community shall obtain, review, and reasonably utilize any
base flood elevation or floodway data currently available from federal, state, or other
sources as set forth in subsection 6-175(a)(2).
Recreational vehicles.
Require that recreational vehicles placed on sites within all unnumbered and numbered A
zones and AE zones on the city's FIRM either:
Be on the site for fewer than one hundred eighty (180) consecutive days;
Be fully licensed and ready for highway use; or
Meet the permitting, elevation, and the anchoring requirements for manufactured
homes of this article.
(Ord. No. 2711, § 1, 1-12-15)
DIVISION 4. - FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
Sec. 6-176. - Floodplain management variance procedures.
Establishment of appeal board. The board of adjustment for the city shall hear and decide
appeals and requests for variances from the floodplain management requirements of this
article.
Responsibility of the appeal board. Where an application for a floodplain development permit
or request for a variance from the floodplain management regulations is denied by the
floodplain administrator, the applicant may apply for such floodplain development permit or
variance directly to the board of adjustment, as defined in subsection 6-176(a). The board of
adjustment shall hear and decide appeals when it is alleged that there is an error in any
requirement, decision, or determination made by the floodplain administrator in the
enforcement or administration of this article.
Further appeals. Any person aggrieved by the decision of the board of adjustment or any
taxpayer may appeal such decision to the St. Louis County Circuit Court as provided in RSMo
89.110.
Floodplain management variance criteria. In passing upon such applications for variances, the
board of adjustment shall consider all technical data and evaluations, all relevant factors,
standards specified in other sections of this article, and the following criteria:
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(1)
(2)
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The danger to life and property due to flood damage;
The danger that materials may be swept onto other lands to the injury of others;
The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
The importance of the services provided by the proposed facility to the city;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations, not subject to flood damage, for the proposed use;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters, if applicable, expected at the site; and,
The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems; streets; and bridges.
Conditions for approving floodplain management variances.
Generally, variances may be issued for new construction and substantial-improvements to
be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood level, providing subsections
(2) through (6) below have been fully considered. As the lot size increases beyond the one-
half (½) acre, the technical justification required for issuing the variance increases.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places, the State Inventory of Historic Places, or
local inventory of historic places upon determination provided the proposed activity will
not preclude the structure's continued historic designation.
Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon (a) a showing of good and sufficient cause, (b) a
determination that failure to grant the variance would result in exceptional hardship to
the applicant, and (c) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with existing
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(6)
(a)
(b)
The city shall notify the applicant in writing over the signature of a community official that (1) t
issuance of a variance to construct a structure below base flood level will result in increased pr
rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred
($100.00) of insurance coverage and (2) such construction below the base flood level increases
life and property. Such notification shall be maintained with the record of all variance actions a
required by this article.
(Ord. No. 2711, § 1, 1-12-15)
Sec. 6-177. - Penalties for violation, issuance of summons, other remedies.
Violation of the provisions of this article or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with granting of
variances) shall constitute a misdemeanor. Any person who violates this article or fails to
comply with any of its requirements shall, upon conviction thereof, be fined not more than
one hundred dollars ($100.00), and in addition, shall pay all costs and expenses involved in
the case. Each day such violation continues shall be considered a separate offense. Nothing
herein contained shall prevent the city or other appropriate authority from taking such other
lawful action as is necessary to prevent or remedy any violation.
The floodplain administrator as designated in subsection 6-173(b) of this article, or his or her
designee, is hereby authorized to issue a summons to any person violating any of the terms
of this article and thereafter such summons shall be prosecuted as all other violations of the
Des Peres City Code.
(Ord. No. 2008-236, § 5,0, 1-28-2008)
Sec. 6-178. - Amendments.
The regulations, restrictions, and boundaries set forth in this article may from time to time be
amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood
Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public
hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be
heard. Notice of the time and place of such hearing shall be published in a newspaper of general
circulation in the city at least twenty (20) days shall elapse between the date of this publication and the
public hearing. A copy of such amendments will be provided to the Region VII office of the FEMA. The
regulations of this article are in compliance with the National Flood Insurance Program (NFIP)
regulations.
(Ord. No. 2711, § 1, 1-12-15)
Secs. 6-179—6-245. - Reserved.
ARTICLE XII. - SWIMMING POOLS
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(a)
(b)
(c)
Footnotes:
--- (10) ---
Cross reference— Parks and recreation, Ch. 17.
Sec. 6-246. - De nitions.
As used in this article, the following terms shall have the meanings indicated in this section:
Family pool: A swimming pool used or intended to be used solely by the owner, operator, or lessee
thereof and his family, and by friends invited to use it without payment of any fee.
Swimming pool: A body of water in an artificial or semiartificial receptacle or other container capable
of holding water more than twenty-four (24) inches in depth or having a surface area greater than two
hundred fifty (250) square feet, whether located indoors or outdoors, used or intended to be used for
public, semipublic, or private swimming by adults or children, or both adults and children whether or
not any charge or fee is imposed upon adults or children, operated and maintained by any person as
herein defined, whether he/she is an owner, lessee, operator, licensee or concessionaire, and also all
swimming pools operated and maintained in conjunction with or by clubs, and community associations.
(Code 1980, § 545.010(A), (B))
Cross reference— Definitions and rules of construction generally, § 1-3.
Sec. 6-247. - Enclosure.
Every outdoor swimming pool or family pool shall be completely surrounded by a fence or
wall not less than four (4) feet in height, which shall be so constructed so as not to have
openings, holes or gaps larger than four (4) inches in any dimension except for doors and
gates; and if a picket fence is erected or maintained, the horizontal openings shall not exceed
four (4) inches. A dwelling house or accessory building may be used as part of such enclosure.
All gates or doors opening through such enclosures shall be equipped with a self-closing and
self-latching device for keeping the gate or door securely closed at all times when not in
actual use, except that the door or any dwelling which forms a part of the enclosure need not
be so equipped.
The director of public works may make modifications in individual cases upon a showing of
good cause with respect to the height, nature of location of the fence, wall, gates or latches,
or the necessity therefor provided the protection as sought hereunder is not reduced
thereby. The director of public works may permit other protective devices or structures to be
used so long as the degree of protection afforded by the substitute devices or structures is
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(a)
(b)
not less than the protection afforded by the wall, fence, gate and latch designated herein. The
director of public works shall allow a reasonable period within which to comply with the
requirements of this section.
(Code 1980, § 545.020)
Sec. 6-248. - Permitted size.
No outdoor swimming pool or family pool shall occupy an area exceeding thirty (30) percent of the
area of a required rear yard. Such pool area shall be determined by actual pool area for in-ground pools
and by total area, including decks and accessory uses for aboveground pools.
(Code 1980, § 545.030)
Sec. 6-249. - Drainage.
All swimming pools installed after June 27, 1974 shall be constructed and equipped so that they do
not drain onto the property of others.
(Code 1980, § 545.040)
Sec. 6-250. - Aboveground; regulations.
Aboveground swimming pools shall not extend more than four (4) feet above grade, except that such
pools with decks may have a railing which does not exceed an additional three (3) feet in height. All
aboveground pools shall be screened from the view of surrounding property owners by a fence or
evergreen shrubs, or trees covering the perimeter of the pool. Such screening shall be approved by the
director of public works of the city.
(Code 1980, § 545.050)
Sec. 6-251. - Noise; hours of operation.
It shall be unlawful for any person to make, continue or cause to be made or continued at any
swimming pool or family pool, any loud, unnecessary or unusual noise or any noise which
annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.
In the operation of a swimming pool or a family pool, the use or permitting the use or
operation of any radio, receiving set, musical instrument, phonograph or other machine or
device for producing or reproducing of sound in such a manner as to disturb the peace, quiet
or comfort of the neighboring inhabitants or at any time with a louder volume than is
necessary for convenient hearing of the person or persons who are in the swimming pool or
family pool premises shall be unlawful.
It shall be unlawful for the owner, operator or lessee of a swimming pool, except a family pool
and a subdivision pool, to permit such swimming pool to be used for swimming, diving, or
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(1)
(2)
wading except between the hours of 8:00 a.m. and 10:00 p.m.
(Code 1980, § 545.055; Ord. No. 1157, § 1, 10-14-85)
Sec. 6-252. - Inspections.
The mayor is hereby authorized to enter into a contract with St. Louis County for the inspection and
issuing of permits for the operation of swimming pools within the city.
(Code 1980, § 545.060)
Sec. 6-253. - Annual permits.
Under the terms of the contract between the city and St. Louis County, mentioned in section 6-252,
the health commissioner for the county will in accordance with St. Louis County Revised Ordinance No.
5142, Chapter 604 and Chapter 608, issue such swimming pools an annual permit and prior to the
issuance of permits shall inspect such pools for the purpose of determining certain health requirements
for the protection of the citizens of the city using such establishments.
(Code 1980, § 545.070)
Sec. 6-254. - Fees.
Under the terms of the contract, mentioned in section 6-252, there will be an annual permit fee
established for all commercial swimming pools. This fee will be collected by the health commissioner of
St. Louis County and will be distributed to the county and municipalities under the appropriate schedule
of one-third ( 1/3 ) to be returned to the municipalities and two-thirds ( 2/3 ) to be retained by the
county.
(Code 1980, § 545.080)
ARTICLE XIII. - SIGNS
Sec. 6-255. - Fees.
No permits for installation of a sign under Chapter 410 of this Code shall be issued until all fees for
said permit have been paid in accordance with the following schedule:
Fee for review of Uniform Sign Standards for a multitenant building shall be fifty dollars
($50.00) or fifty dollars ($50.00) for each request for revisions thereto.
Fee for erection of signs shall be twenty-five dollars ($25.00) for the first ten (10) square
feet of sign area plus one dollar and fifty cents ($1.50) for each additional square foot over
ten (10) square feet of sign area.
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(3)The city hereby suspends collection of any such permit fees for outdoor advertising signs in ex
those fees permitted under section 89.320, RSMo. 1997 for such time as the city may lawfully h
place regulations more stringent than those established under section 226.540, RSMo. 1997.
(Ord. No. 1530, § 3, 4-13-92; Ord. No. 1861, § 1, 9-8-97)
Secs. 6-256—6-300. - Reserved.
ARTICLE XIV. - STORMWATER POLLUTION CONTROL
Footnotes:
--- (11) ---
Editor's note— Ord. No. 2260, § 1, adopted Nov. 10, 2003, set out provisions for use as art. XIII. Insomuch as art. XIII
already exists, and at the editor's discretion, these provisions have been included as art. XIV.
DIVISION 1. - GENERALLY
Sec. 6-301. - Introduction; purpose.
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Deposits of eroded soil also necessitate maintenance of sewers and ditches
and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native
vegetation necessary for terrestrial and aquatic habitat. Construction activities also utilize materials and
generate wastes, which if not properly controlled can pollute receiving waters.
The purpose of this article is to safeguard persons, protect property, and prevent damage to the
environment in the city. This article will also promote the public welfare by guiding, regulating, and
controlling the design, construction, use, and maintenance of any development or other activity that
disturbs or breaks the topsoil or results in the movement of earth on land in the city.
(Ord. No. 2260, § 1, 11-10-03)
Sec. 6-302. - De nitions.
For the purposes of this article, the following terms, phrases, words, and their derivations shall have
the meanings given herein.
Best management practices or BMPs: Practices, procedures or a schedule of activities to reduce the
amount of sediment and other pollutants in stormwater discharges associated with construction and
land disturbance activities.
Clearing: Any activity that substantially removes the vegetative surface cover.
[11]
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Construction or land disturbance site or site: A parcel of land or a contiguous combination thereof,
where grading work is performed as part of a single unified plan of development.
Drainage way: Any channel that conveys surface runoff through a site.
Erosion: The wearing away of land surface through the action of wind or water.
Erosion control: Any BMP that prevents or minimizes erosion.
Grading: Reshaping the ground surface through excavation and/or fill of material, including the
resulting conditions.
Land disturbance activities: Any activity such as clearing, grading or any other action which results in
removal of the natural site vegetation and destruction of the root zone or otherwise results in leaving
the ground surface exposed to soil erosion through the action of wind or water.
Perimeter control: A barrier that prevents sediment from leaving a site by filtering sediment-laden
runoff or diverting it to a sediment trap or basin.
Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase substantially
completed before the clearing of the next.
Runoff coefficient: The fraction of total rainfall that will appear at the outfalls from a site.
Sediment control: Any BMP that prevents eroded sediment from leaving a site.
Site disturbance permit: A permit issued by Des Peres Department of Public Works authorizing
disturbance of the land at a specific site subject to conditions stated in the permit.
Stabilization: The use of BMPs that prevent exposed soil from eroding including improvements and
structures for the control of erosion, runoff, and grading.
Start of construction: The first land-disturbing activity associated with a development, including land
preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for
basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory
buildings such as garages.
Stormwater pollution prevention plan (SWPPP): A management plan, the purpose of which is to
ensure the design, implementation, management and maintenance of BMPs in order to reduce the
amount of sediment and other pollutants in stormwater discharges associated with land disturbance
activities, comply with the standards of the city and ensure compliance with the terms and conditions of
the applicable state permits, including adherence to the land disturbance program contained in the
state issued MS4 NPDES permit.
Water course: A natural or artificial channel or body of water, including, but not limited to lakes,
ponds, rivers, streams, ditches and other open conveyances that carry surface runoff water either
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(a)
(b)
(c)
(1)
(2)
(d)
(e)
(f)
(g)
(Ord. No. 2260, § 1, 11-10-03)
DIVISION 2. - ADMINISTRATION
Sec. 6-311. - Permits required.
Any person who intends to conduct any land disturbance activity that will disturb forty-three
thousand five hundred sixty (43,560) or more square feet must obtain a site disturbance
permit from the city.
Any person who buys a lot for construction from a person who has been issued a permit
under subsection (a) above (unless purchased for the purpose of building their own private
residence) must obtain a separate site disturbance permit from the city unless the original
permittee retains responsibility for the land disturbance activities on the sold lot.
Site disturbance permits are not required for the following activities:
Any emergency activity that is immediately necessary for the protection of life, property,
or natural resources.
Existing nursery and agricultural operations conducted as a permitted main or accessory
use.
Each permit application shall bear the name(s) and address(es) of the owner and developer of
the site, and of any consulting firm retained by the applicant together with the name of the
applicant's principal contact at such firm and shall be accompanied by a filing fee. The fees
shall be fifty dollars ($50.00) for disturbances of two (2) acres or less, one hundred dollars
($100.00) for disturbances of two (2) to five (5) acres, one hundred fifty dollars ($150.00) for
disturbances of five (5) to ten (10) acres, and two hundred dollars ($200.00) for sites over ten
(10) acres in size.
Each permit application shall be accompanied by a stormwater pollution prevention plan,
prepared for the specific site by or under the direction of a qualified professional, and a
statement that any land clearing, construction, or development involving the movement of
earth shall be in accordance with the stormwater pollution prevention plan.
The permit applicant will be required to file with the city a cash deposit in an amount deemed
sufficient by the city to cover all costs of improvements, landscaping, maintenance of
stabilization or sediment control improvements for such period as specified by the city, and
engineering and inspection costs to cover the cost of failure or repair of improvements
installed on the site. Such deposit shall be a minimum of one thousand dollars ($1,000.00)
and a maximum of twenty-five thousand dollars ($25,000.00).
The permit applicant will be required to obtain a land disturbance permit issued by the
Missouri Department of Natural Resources for any site where one (1) acre or more of land will
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(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
be disturbed, before beginning any site work authorized by a city permit. This requirement
applies to sites of less than one (1) acre that are part of a larger common plan that will
ultimately disturb one (1) acre or more.
(Ord. No. 2260, § 1, 11-10-03)
Secs. 6-312—6-321. - Reserved.
DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL
Sec. 6-322. - Stormwater pollution prevention plan (SWPPP).
The design requirements in section 6-323 shall be taken into consideration when developing
the stormwater pollution prevention plan and the plan shall include the following:
Name, address and telephone number of the site owner and the name, address and
telephone number of the individual who will, overall, be responsible and in charge of
construction/development activities at the site.
Site address or location description.
A site map showing the outlines of the total project area, the areas to be disturbed,
existing land uses, locations and names of surface water bodies, locations of temporary
and permanent BMPS and such other information as the city may require.
Existing contours of the site and adjoining strips of off-site property and proposed
contours after completion of the proposed grading and development, based on United
States Geological Survey datum, with established elevations at buildings, walks, drives,
street and roads; and information on necessary clearing and grubbing, removal of existing
structures, excavating, filling, spreading and compacting.
A natural resources map identifying soils, forest cover, and resources protected under
other chapters of the city's Code of Ordinances.
An estimate of the runoff coefficient of the site prior to disturbance and the runoff
coefficient after the construction addressed in the permit application is completed.
Estimated grading quantity.
Details of the site drainage pattern both before and after major grading activities.
Construction access to site.
Description of BMPs to be utilized to control erosion and sedimentation during the period
of land disturbance.
Description of BMPs to be utilized to prevent other potential pollutants such as
construction wastes, toxic or hazardous substances, petroleum products, pesticides,
herbicides, site litter, sanitary wastes and other pollutants from entering the natural
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
3/26/2021 Chapter 6 - BUILDINGS AND BUILDING REGULATIONS | Code of Ordinances | Des Peres, MO | Municode Library
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drainage ways during the period of construction and land disturbance.
Description of BMPs that will be installed during land disturbance to control pollutants in
stormwater discharges that will occur after land disturbance activity has been completed.
Location of temporary off-street parking, and wash down area for related vehicles.
Sources of off-site borrow material or spoil sites, and all information relative to haul
routes, trucks and equipment.
The anticipated sequence of construction and land disturbance activities, including
installation of BMPS, removal of temporary BMPs, stripping and clearing; rough grading;
construction of utilities, infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date(s) on which clearing will begin, the estimated
duration of exposure of cleared areas, areas of clearing, installation of temporary erosion
and sediment control measures, and establishment of permanent vegetation.
All erosion and sediment control measures necessary to meet the objectives of this article
throughout all phases of construction and after completion of site development.
Depending upon the complexity of the project, the drafting of intermediate plans may be
required at the close of each season.
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer application, and kind and quantity of
mulching for both temporary and permanent vegetative control measures.
Provisions for maintenance of control facilities, including easements and estimates of the
cost of maintenance.
Plans for responding to any loss of contained sediment to include the immediate actions
the permittee will take in case of a containment failure. This plan must include
documentation of actions and mandatory reporting to the department of public works.
Schedules and procedures for routine inspections of any structures provided to prevent
pollution of stormwater or to remove pollutants from stormwater and of the site in
general to ensure all BMPs are continually implemented and are effective.
The permittee shall amend the stormwater pollution prevention plan whenever:
Design, operation or maintenance of BMPs is changed;
Design of the construction project is changed that could significantly affect the quality of
the stormwater discharges;
Site operator's inspections indicate deficiencies in the SWPPP or any BMP;
Inspections by the city or by the Missouri Department of Natural Resources indicate
deficiencies in the SWPPP or any BMP;
The SWPPP is determined to be ineffective in significantly minimizing or controlling
erosion or excessive sediment deposits in streams or lakes;
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
3/26/2021 Chapter 6 - BUILDINGS AND BUILDING REGULATIONS | Code of Ordinances | Des Peres, MO | Municode Library
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The SWPPP is determined to be ineffective in preventing pollution of waterways from construc
wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site
other substances or wastes likely to have an adverse impact on water quality;
Total settleable solids from a stormwater outfall exceed 0.5 ml/L/hr if the discharge is
within the prescribed proximity of a "Valuable Resource Water" as defined by the MDNR;
Total settleable solids from a stormwater outfall exceeds 2.5 ml/L/hr for any other outfall;
or
The city or the Missouri Department of Natural Resources determines violations of water
quality standards may occur or have occurred.
The permittee shall:
Notify all contractors and other entities (including utility crews, city employees, or their
agents) that will perform work at the site, of the existence of the SWPPP and what actions
or precautions shall be taken while on site to minimize the potential for erosion and the
potential for damaging any BMP;
Determine the need for and establish training programs to ensure that all site workers
have been trained, at a minimum, in erosion control, material handling and storage, and
housekeeping; and
Provide copies of the SWPPP to all parties who are responsible for installation, operation
or maintenance of any BMP.
Maintain a current copy of the SWPPP on the site at all times.
(Ord. No. 2260, § 1, 11-10-03)
Sec. 6-323. - Design requirements.
Grading, erosion control practices, sediment control practices, and water course crossings
shall be adequate to prevent transportation of sediment from the site to the satisfaction of
the department of public works.
Cut and fill slopes shall be no greater than three to one (3:1), except as approved by the
department of public works to meet other community or environmental objectives.
Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all other sections of the city's Code of Ordinances.
Clearing techniques that retain existing vegetation to the maximum extent practicable shall
be used and the time period for disturbed areas to be without vegetative cover shall be
minimized to the extent practical, to the satisfaction of the department of public works.
Clearing, except that necessary to establish sediment control devices, shall not begin until all
sediment control devices have been installed and have been stabilized.
Phasing shall be required on all sites disturbing greater than twenty (20) acres, with the size of
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
3/26/2021 Chapter 6 - BUILDINGS AND BUILDING REGULATIONS | Code of Ordinances | Des Peres, MO | Municode Library
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each phase to be established at plan review and as approved by the department of public
works.
Erosion control requirements shall include the following:
Soil stabilization shall be completed within five (5) days of clearing or inactivity in
construction.
If seeding or another vegetative erosion control method is used, it shall become
established within two (2) weeks or the department of public works may require the site
to be reseeded or a non-vegetative option employed.
Techniques shall be employed to ensure stabilization on steep slopes and in drainage
ways.
Soil stockpiles must be stabilized or covered at the end of each workday.
The entire site must be stabilized, using a heavy mulch layer or another method that does
not require germination to control erosion, at the close of the construction season or
within the total time allowed for the permit which shall be three (3) months.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
Techniques shall be employed to divert upland runoff past disturbed slopes.
Sediment control requirements shall include:
Settling basins, sediment traps, or tanks and perimeter controls.
Settling basins shall be provided for each drainage area with ten (10) or more acres
disturbed at one time and shall be sized to contain one half (0.5) inch of sediment from
the drainage area and be able to contain a two-year, 24-hour storm. If the provision of a
basin of this size is impractical, other similarly effective BMPs, as evaluated and specified
the SWPPP, shall be provided.
Settling basins shall be designed in a manner that allows adaptation to provide long-term
stormwater management, as required by the department of public works.
Settling basins shall have stabilized spillways to minimize the potential for erosion of the
spillway or basin embankment.
Protection for adjacent properties by the use of a vegetated buffer strip in combination
with perimeter controls.
Watercourse protection requirements shall include:
Encroachment into or crossings of active water courses/riparian areas and wetlands shall
be avoided to the maximum extent practicable. Where applicable, all local, state and
federal permits and approvals shall be provided to the department of public works prior
to the issuance of a site disturbance permit.
Stabilization of any watercourse channels before, during, and after any in-channel work.
If a defined watercourse is to be re-aligned or reconfigured, clearing and grubbing Prev Hit Next Hit
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
3/26/2021 Chapter 6 - BUILDINGS AND BUILDING REGULATIONS | Code of Ordinances | Des Peres, MO | Municode Library
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activities within fifty (50) feet of the watercourse shall not begin until all materials and
equipment necessary to protect the watercourse and complete the work are on site. Once
started, work shall be completed as soon as possible. Areas within fifty (50) feet of the
watercourse shall be re-contoured and re-vegetated, seeded or otherwise protected
within five (5) working days after grading has ceased.
All stormwater conveyances shall be designed according to the criteria of the
Metropolitan St. Louis Sewer District (MSD) and the necessary MSD permits obtained.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and
paved channels.
Construction site access requirements shall include:
A temporary access road provided at all sites including a wash-down area supporting all
active sites,
Other measures required by department of public works in order to ensure that sediment
is not tracked onto public streets by construction vehicles or washed with wash effluent
channeled directly into storm drains.
Control requirements for construction materials, construction wastes and other wastes
generated on site shall include provisions, satisfactory to the department of public works, for:
Spill prevention and control facilities for materials such as paint, solvents, petroleum
products, chemicals, toxic or hazardous substances, substances regulated under the
Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), and any wastes generated from the
use of such materials and substances, including their containers. Any containment
systems employed to meet this requirement shall be constructed of materials compatible
with the substances contained and shall be adequate to protect both surface and ground
water.
Collection and disposal of discarded building materials and other construction site wastes,
including those listed in subsection I.1 of this section relating to watercourse protection.
Litter control.
Control of concrete truck washouts.
Assurance that on-site fueling facilities will adhere to applicable federal and state
regulations concerning storage and dispensers.
Provision of sufficient temporary toilet facilities to serve the number of workers on site.
(Ord. No. 2260, § 1, 11-10-03)
Sec. 6-324. - Inspections.
The department of public works shall make inspections as hereinafter required and either
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
3/26/2021 Chapter 6 - BUILDINGS AND BUILDING REGULATIONS | Code of Ordinances | Des Peres, MO | Municode Library
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shall approve that portion of the work completed or shall notify the permittee wherein the
work fails to comply with the Grading, Erosion and Sediment Control Plan as approved. Plans
for grading, stripping, excavating, and filling work bearing the stamp of approval of the
department of public works shall be maintained at the site during the progress of the work.
To obtain inspections, the permittee shall notify the department of public works at least two
(2) working days before the following:
Start of construction.
Installation of sediment and erosion measures.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the construction season.
Completion of final landscaping.
The permittee or his/her agent shall make regular inspections of the land disturbance site,
including all erosion and sediment and other pollutant control measures, outfalls and off-site
receiving waters in accordance with the inspection schedule outlined in the approved SWPPP.
Inspections must be scheduled at least once per week and no later than seventy-two (72)
hours after heavy rain. The purpose of such inspections will be to ensure proper installation,
operation and maintenance of BMPs and to determine the overall effectiveness of the SWPPP
and the need for additional control measures. All inspections shall be documented in written
form on weekly reports with copies submitted to the department of public works at the time
interval specified in the permit. The inspection reports are to include the following minimum
information:
Inspector's name and signature;
Date of inspection;
Observations relative to the effectiveness of the BMPs;
Actions taken or necessary to correct deficiencies; and
A listing of areas where land disturbance operations have permanently or temporarily
stopped.
In addition, the permittee shall notify the site contractor(s) responsible for any deficiencies
identified so that deficiencies can be corrected within seven (7) calendar days of the weekly
inspection report.
The department of public works shall make inspections as deemed necessary to ensure the
validity of the reports filed under subsection (b) or to otherwise ensure proper installation,
operation and maintenance of stormwater BMPs and to determine the overall effectiveness
of the SWPPP and the need for additional control measures. Prev Hit Next Hit
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1
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Sec. 5-56. - Penalty for violation.Chapter 7 - CIVIL DEFENSE
(Ord. No. 2260, § 1, 11-10-03)
Sec. 6-325. - Enforcement.
Stop-work order; revocation of permit. In the event that any person holding a site disturbance
permit pursuant to this article violates the terms of the permit or implements site
development in such a manner as to materially adversely affect the health, welfare, or safety
of persons residing or working in the neighborhood or development site so as to be
materially detrimental to the public welfare or injurious to property or improvements in the
neighborhood, the department of public works may suspend or revoke the site disturbance
permit.
Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any
grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any
terms of this article. Any person violating any of the provisions of this article shall be deemed
guilty of a misdemeanor and each day during which any violation of any of the provisions of
this article is committed, continued, or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or corporation shall be punished
by a fine of not more than one thousand dollars ($1,000.00) per day for each offense. In
addition to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this article shall be required to bear
the expense of remediation of any damage caused thereby and restoration of BMP's required
for the site.
Project closure requirements. Any site development escrows or bonds will not be fully
released to the site operator or permittee until all of the following have been completed:
The site has been fully stabilized and all temporary stormwater control BMP's have been
removed.
All permanent stormwater control BMPs have been completed
All final inspections/certifications have been completed by each of the governmental
jurisdictions involved in authorizing the project.
(Ord. No. 2260, § 1, 11-10-03)
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1 Sec. 6-322. - Stormwater pollution prevention plan (SWPPP). Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
2 ARTICLE XIV. - STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…
3 DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL Code of Ordinances
> Chapter 6 - BUILDI…> ARTICLE XIV. - STO…
4 Sec. 6-311. - Permits required. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 2. - ADMI…
5 Sec. 6-302. - Definitions. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 1. - GENE…
6 Sec. 6-324. - Inspections. Code of Ordinances > Chapter 6 - BUILDI…
> ARTICLE XIV. - STO…> DIVISION 3. - PROV…
1