Chapter 5
BUILDINGS, CONSTRUCTION AND HOUSING*
Art. I. In General, §§ 5‑1—5‑6
Art. I˝. Sign Code, §§ 5‑7‑5‑20
Art. II. Property Maintenance Code, §§ 5‑21—5‑35
Art. III. Fences, §§ 5‑36—5‑64
Art. IV. Appeals, §§ 5‑65—5‑68
Art. V. Floodway/Floodplain Management, §§ 5‑69—5‑99
Art. VI. Fee Schedule, §§ 5‑100—5‑115
ARTICLE I. IN GENERAL
Sec. 5‑1. Building commissioner office created; duties.
There is hereby created the office of building commissioner, who shall be referred to as the building commissioner or the building and code enforcement commissioner. Such official shall enforce the provisions of the building code of the city, the zoning ordinances of the city, the plumbing and drain layers code of the city, the housing code of the city, the sign ordinance of the city, and the weights and measures ordinance of the city. Such commissioner shall serve as superintendent of the building department of the city. Such commissioners shall also perform such other duties as may be prescribed from time to time.
Cross references—Appeals from decision of the building commission, § 5‑66 et seq.; conditions of employment of building commissioner, § 2‑271; duty of building commissioner to enforce zoning ordinance, App. A, Art. XVII, § 1.
Sec. 5‑2. Building Code.
(a) Building
Code: The provisions of the “2003 International Building Code” as modified,
is hereby adopted as the City of
(b) Residential
Building Code for One and Two Family Dwellings: The provisions of the “2003 Residential
Building Code for One and Two Family Dwellings ” including all Appendixes
therein except Appendixes E, and J, as
modified, is hereby adopted as the City of Kirkwood Residential Code for One
and Two Family Dwellings. See separate
publication and adopting modification ordinance on file in the office of the
City Clerk.
(c) Underground Utility Service Lines: All electrical, telephone, cable television and other utility service lines from the utility distribution system to newly erected buildings shall be installed underground.
(Ord. No. 8492, §1, 3-7-96; Ord. No. 9025, §1, 5-3-01; Ord. No. 9502, §1, 7-21-05; Ord. No. 9507, §1, 7-21-05)
Sec. 5-3a. Commercial Electrical Code. (All buildings and structures except detached one and two family uses)
The St. Louis County Electrical Code except as it pertains to detached one and two family uses is hereby adopted as the Commercial Electrical Code of the City of Kirkwood which shall pertain to all electrical code work except for detached one and two family uses, a copy of which is attached hereto and incorporated herein by reference.
Sec. 5-3b. Residential Electrical Code. (detached one and two family uses)
The provisions of the “National Electrical Code, 1999”, as modified, is hereby adopted as the City’s residential electrical code. See separate publication and adopting modification ordinance on file in the office of the city clerk. (Ord. No. 8952, §1, 9-7-00)
Sec. 5‑4. Mechanical Code.
The provisions of the “2003 International Mechanical Code” except Appendix B, as modified, is hereby adopted as the City’s mechanical code. See separate publication and adopting modification ordinance on file in the office of the city clerk. (Ord. No. 9505, §1, 7-21-05)
Sec. 5-4a. Amusement Devices Code
The
St. Louis County Mechanical Code as it applies to "Amusement Devices"
is hereby adopted as the Amusement Device Code of the City of
Sec. 5-5. Elevator Code.
The
St. Louis County Building Code as amended and the St. Louis County Mechanical
Code as amended as they pertain to elevators is hereby adopted as the Elevator
Code of the City of
Sec. 5‑6. Plumbing Code.
The
provisions of the “2003 International
Plumbing Code” except Appendix A, as modified, is hereby adopted as the City of
Section 5-6a. Fuel Gas Code.
The
provisions of the “2003 Fuel Gas Code” as modified, is hereby adopted as the
City of
ARTICLE 1˝ SIGN CODE*
Sec. 5‑7. Short title.
This
article shall hereafter be known and cited "Sign Ordinance of the City of
(Ord. No. 5869, 10‑2‑75)
Sec. 5‑8. Scope.
The provisions of this article shall govern the erection of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, in respect to size, location, and structural and fire safety.
(a) Signs
shall not be located in any residential zoning district as established by the
City of
(b) Building code applicable: In the absence from this article of
specifications governing details of sign construction, the applicable standards
listed in the building code of the City of
Sec. 5‑9. Definitions.
Approved combustible plastic means a plastic material more than one‑twentieth inch thick which burns at a rate of not more than two and one‑half (2.5) inches per minute when subjected to ASTM Standard Test for Flammability of plastics in sheets of six‑one‑hundredths inch thickness.
Awning means any structure entirely supported by the wall to which it is attached and which has a frame covered by a temporary material and/or which can be retracted against the wall by which it is supported.
Billboard (see standard outdoor advertising structure).
Canopy means any structure
attached to the building at the inner end and supported on the outer end in
conformance with the building code of the City of
City means the City of Kirkwood, Missouri.
Commissioner means the building
commissioner of the City of
Erect means to build, attach, hang, rehang, place, affix, or relocate and includes the painting and repainting of wall and window signs.
Floor area means the gross floor area of a building or structure used or intended to be used for service to the public as customers, patrons, clients, patients, or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. For the purpose of this article "floor area" shall not include any area used for:
(1) Storage accessory to the principal use of a building.
(2) Show window, not to exceed ten (10) per cent of the total building area.
(3) Mechanical equipment rooms.
(4) Specialized automatic mechanical or electrical equipment or apparatus used in the permitted business operation, up to a maximum of eighty‑five (85) per cent of the area covered by such equipment.
Frontage means the length of the lot along the street side. The front of a lot bordering more than one street is along the shortest street side.
Licensed Sign Erector means a
person, his agents and employees, who has secured a sign erector's license as
provided by the ordinances of the City of
Marquee means any hood or awning of permanent construction and supported entirely by the building which projects from the wall of a building and over a sidewalk or pedestrian thoroughfare.
Person means any natural person, firm, partnership, association, corporation, company, or organization of any kind.
Premises means that portion of a lot or building occupied by a single occupant, exclusive of common area, if any, shared with adjacent occupants.
Sign means any surface displaying advertising or a message for public consumption and designed and placed so as to be seen from out of doors. Sign supports are not a part of the sign.
Sign area means the area of the sign face. The "sign area" of a multifaced sign is the sum of the sign areas of each face.
Sign area, gross is the total allowable sign area for a premises.
Sign area, total means the sum of all sign areas for a particular type of sign.
Sign face means the entire area within a parallelogram which encloses the extreme limits of the sign lettering and/or graphic message.
Sign structure means the sign and all parts associated with its construction.
Sign supports means all structures by which a sign is held up, including, for example, poles, braces, guys, and anchors.
Sign, awning and canopy are signs attached to an awning or canopy.
Sign, ground means any detached sign which has its bottom portion erected upon or supported by the ground.
Sign, hanging means any sign hanging entirely beneath a canopy or marquee.
Sign, illuminated means any sign which is illuminated by light sources either mounted on the sign or at some other location.
Sign, marquee means any sign attached to a marquee.
Sign, pole also commonly known as a post or standard sign, means any detached sign supported by one or more stationary poles longer than five (5) feet above the mean grade line of the base or ground.
Sign, projecting means any sign which projects more than fifteen (15) inches beyond the plane of the wall on which the sign is erected.
Sign, roof means any sign erected on a roof.
Sign, shopping center means shopping center identification sign.
Sign, temporary means any sign intended for a limited or intermittent period of display.
Sign, vehicle mounted, means any sign installed, mounted, positioned, located, situated, displayed, or exhibited on a motor vehicle. This shall not include painting or decaling on a commercially‑licensed vehicle or manufacturer's painting or decaling on a personal vehicle.
Sign, wall means any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any occupied building and supported by such wall or building, and which displays only one advertising surface.
Sign, window means any sign that is permanently applied to either side of the glass of an exterior door or window. For the purposes of this ordinance a glass brick wall shall be deemed a window.
Standard outdoor advertising structure means any structure with a single sign face area of between three hundred (300) and seven hundred (700) square feet, located off site, and designed to accommodate replaceable advertising messages.
Structural trim means the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign structure.
Tenant means a person or organization that occupies a designated space within a building which is open to the general public with employees on the site for at least four hours per day, five days a week, and 50 weeks a year, except holidays.
Zoning ordinance means the zoning ordinance of the city, as amended, and the current district map related thereto.
(Ord. No. 8780, §1, 12-17-98)
Sec. 5‑10. Exemptions.
Signs meeting the following conditions need not be covered by a sign permit and are exempt from the requirements of sections 5‑14(b), (f) and 5‑15.
(a) Signs and bulletin boards for churches, charitable, public or religious institutions, as follows:
(1) Signs which:
(i) do not exceed 16 square feet per face,
(ii) do not exceed 32 square feet in total sign area,
(iii) are not over 5 feet above grade if ground sign,
(iv) there are not more than one sign per public street frontage,
(v) are not internally illuminated, and
(vi) are located on institution's premises.
(2) Bulletin boards which:
(i) Do not exceed thirty-two (32) square feet in gross sign area, and
(ii) Are placed by public, charitable, churches or religious institutions, and
(iii) Are located on the institutions' premises.
(b) Directional signs, if:
(1) They aid customers in functioning on the premises, and
(2) They are not larger than three (3) square feet.
(c) Memorial signs or tablets denoting the name of a building and date of erection, if:
(1) Cut into any masonry surface, or
(2) Constructed of bronze or other incombustible metallic materials.
(d) Municipal signs, legal notices, railroad‑crossing signs, and danger signs.
(e) Occupational signs denoting the business name of an occupation legally conducted on the premises, provided that:
(1) The sign is nonilluminated, and
(2) The sign area does not exceed one square foot.
(f) Signs affixed to the inside of a window and advertising commercial situations related to goods or services sold on the premises, provided that the total of all signs (including permitted signs) in that window shall have a gross sign area no greater than one-third of the window's area.
(g) Political signs meeting the following criteria:
(1) Residentially Zoned Districts – On each property there shall only be allowed one double-faced sign or two single-faced signs per street frontage per candidate or ballot issue with a maximum of six square feet per face of sign.
(2) Non-Residential Zoned Districts – On each property there shall only be allowed one double-faced sign or two single-faced signs per street frontage per candidate or ballot issue with a maximum of 32 square feet per face of sign.
(3) Location
· Signs shall be located on private property.
· Signs installed which create an imminent danger to motorists or pedestrians will be removed by city personnel.
· Signs shall not be placed on city-owned property except when such property is under contract for Election Day use by the St. Louis County Board of Election Commissioners.
· Signs may not be placed on park property except in connection with a park facility use permit specifically providing approval for the placement of signs.
(h) Nonconforming Signs. Any sign which is lawful and erected shall be permitted to remain or to be repaired or replaced with a sign of comparable size and configuration even though it fails to conform to the regulatory provisions of this chapter, provided that it does not become less conforming to any of the existing provisions of this chapter, and further provided that such signs located on the premises must be brought into compliance with all provisions of this Code when:
(1) there is a change in the type of materials used in the construction of the sign; provided, however, a change of facing, panels, message or advertising does not constitute a change of type of materials;
(2) there is a change in the size or area of the sign;
(3) there is a relocation of the sign to another location on the premises for reasons other than for public health and safety;
(4) there is an abandonment or a discontinuance of the sign. Whenever the sign, for a continuous period of 120 days or longer (a) no longer advertises services or products available on the site; or (b) does not contain an advertising message, the sign shall be considered abandoned and discontinued.
(i) Professional nameplates, permanent, provided that:
(1) The sign area does not exceed one square foot for each professional employed on the premises, and
(2) The total area of such signs does not exceed six (6) square feet, and
(3) The sign is not illuminated.
(j) Real estate signs, which meet the following criteria:
(1) For signs which advertise the availability for sale, rental, or lease of the individual premises on which the sign is located:
a. Signs must be nonilluminated, and
b. Not more than one sign per public street frontage.
c. Signs must not be placed within a public right of way, and
d. Total sign area of real estate signs must not exceed the following allowable gross sign areas for the zoning district in which it is located:
i. "R" districts: Eight (8) square feet
ii. "B" districts: Twenty-four (24) square feet
iii. "I" and "F" districts: Forty-eight (48) square feet, and
e. Signs must be removed within ten (10) days after the closing date of the sale, rental, or lease of the premises.
(2) For temporary signs which advertise the subdivision or multifamily development on which the sign is located:
a. Signs must not exceed forty‑eight (48) square feet, and
b. Signs must not be placed within twenty‑five (25) feet of any public right‑of‑way, and
c. Signs must be removed within ten (10) days after the sale, rental, or lease of the last dwelling unit or lot in the subdivision or development.
(3) For temporary signs which advertise premises open for inspection and which are located either on the premises to be inspected or on other private property with that property owner's or tenant's permission:
a. Signs must have a sign area not greater than four (4) square feet, and
b. Signs must be removed when the advertised premises are not in fact open for inspection, and
c. Signs must be outside of any public right‑of‑way and must not obstruct the view of traffic.
(k) Special displays, used for holidays, public demonstrations, or the promotion of civic welfare or charitable purposes, if;
(1) They are approved by the city council after submission of a written application, and
(2) They contain no noncharitable advertising.
These displays need not be made of rigid, weatherproof materials unless the commissioner so requires.
(l) Subdivision and apartment complex identity signs, provided that:
(1) Only one sign is erected at each entry to the subdivision or apartment complex, and
(2) If there is more than one entrance, that the sign's separation along the perimeter is at least two hundred (200) feet, and
(3) The sign area of individual signs does not exceed twelve (12) square feet on both sides of a two‑sided sign or eight (8) square feet on a one‑sided sign, and
(4) The sign does not advertise the availability of units for sale or rent, and
(5) The sign is located at least fifteen (15) feet from the curbline of the street from which it is to be viewed,
and
(6) The sign has a landscaped base, and
(7) The sign(s) are approved by the Architectural Review Board.
(m) Temporary signs denoting the architect, engineer, or contractor of a building project, provided that:
(1) Signs must be placed with the lot where the construction is under progress, and
(2) Total sign area shall not exceed thirty-two (32) square feet, and
(3) Signs must be removed within ten (10) days after the completion of the construction.
(n) Signs on legal commercial uses in residentially zoned districts, if:
(1) The signs meet section 5‑14(b) and (f) and section 5‑15 of chapter 5, Article 1˝ "Sign Code" of this Code, and
(2) The sign(s) are approved by the architectural review board.
(o) Signs identifying Bed and Breakfast establishments provided that the sign:
(1) Does not exceed 2 square feet,
(2) Is not internally illuminated, and
(3) Is approved by the Architectural Review Board.
(p) Signs designating business hours of less than one square foot in total sign area.
(q) Sidewalk signs and other free-standing temporary attention-getting devices, including but not limited to "A" frame signs, pedestal signs, barrels, boxes, stools, chairs, and any other items with advertising:
(1) Shall be permitted only during City, Chamber of Commerce, or Special Business District promotions or as otherwise approved by the Architectural Review Board;
(2) Shall maintain clear passage of 5 feet between any sign and the curb of the street;
(3) Maximum height shall not exceed 42 inches;
(4) Shall not be illuminated;
(5) Only one sign shall be allowed for each business;
(r) Signs required by the American with Disabilities Act of 1990.
(s) Banner or Flag Signs provided that:
(1) Shall not exceed 4_ x 8_;
(2) Shall be displayed only during business hours of the premises;
(3) Only one sign shall be allowed for each business; and
(4) Sign shall maintain clear height above any public sidewalk of 7 feet.
(t) Historical signs provided that the sign shall be certified by Landmarks Commission.
(u) Signs which comply with the provisions of a redevelopment agreement approved by the City Council.
(v) Signs on an ATM machine and its accessory structure which identify the ATM machine within a private parking lot.
(Ord. No. 8674, §1, 12-18-97; Ord. No. 8780, §2, 12-17-98; Ord. No. 8977, §1, 11-30-00)
Sec. 5‑11. Procedure for review and approval of signs.
(a) All sign permits shall be issued by the Building Commissioner. However, the Building Commissioner shall not issue sign permits for signs exceeding two square feet in area until such time as the Architectural Review Board has made an affirmative finding that the architectural scheme of the proposed sign is in harmony with the architectural scheme of the building, site, and surrounding area. In making its findings, the Architectural Review Board shall utilize the following criteria:
(1) Signs should be in proportion with the size of the building;
(2) Signs should be designed as an integral architectural element of the building and site to which it relates;
(3) The colors, materials, and lighting of signs should be harmonious with the building and site to which it relates;
(4) The number of graphic elements on a sign should be kept at a minimum needed for identification and should be composed in proportion to the area of the sign face; and
(5) Signs should be compatible with signs in the surrounding area.
(b) Except as otherwise provided herein, the Architectural Review Board shall review and act upon sign permit applications within twenty-one (21) days of the date on which such application is filed with the Building Commissioner's Office unless the applicant and Architectural Review Board jointly agree to extend the time for review. In the event the Architectural Review Board fails to make a determination within the twenty-one (21) day review period or jointly-agreed period, the application shall be deemed to have received an affirmative finding.
Sec. 5-12. Sign permit required; application procedure; period of validity.
(a) Sign permit required. Except as provided by section 5‑10, a sign permit must be obtained from the commissioner before a sign may be erected. All illuminated signs shall, in addition, be subject to the permit requirements of the electrical code.
(b) Fees shall be in accordance with Chapter 5, Article VI, of the Code of Ordinances. Illuminated signs shall not be exempt from the permit and fee requirements of the electrical code.
(1) A permit fee of twenty cents ($0.20) per square foot of sign area applied for, or a minimum fee of five dollars ($5.00) shall be paid to the city comptroller before a sign permit may be issued, and
(2) Illuminated signs shall not be exempted from the permit fees required by the electrical code.
(c) Processing.
(1) Application for an erection permit shall be made upon forms provided by the commissioner and shall contain or be submitted with the following information:
a. Name, address and telephone number of the owner of the sign.
b. Name of person erecting the structure.
c. Written consent of the owner or of the tenant of the premises to which or on which the proposed sign is to be erected.
d. Location of premises upon which sign is to be erected.
e. Position of the sign in relation to nearby buildings or structures.
f. Two (2) copies of plans and specifications describing the dimensions of the sign, the materials and method by which it is to be constructed, and the details of how it is to be attached to the building or set into the ground.
g. Any electrical permit required.
h. Any other information which the commissioner might require to determine full compliance with the provisions of this article and any other relevant city ordinance.
(2) The commissioner shall process the sign permit application as follows:
a. He shall determine compliance with the terms of this article by examining the plans, specifications, other date submitted, and the premises upon which it is proposed to erect the sign, and shall request additional plans and information if necessary to determine compliance.
b. If the proposed sign is found to be in compliance with all the requirements of this article and all other city ordinances applicable to the sign, the commissioner shall then issue the erection permit.
(d) Period of validity.
(1) If the work authorized under an erection permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void.
(Ord. No. 8592, §1, 3-20-97)
Sec. 5‑13. Sign erection by licensed erector; exceptions.
(a) Signs to be erected by licensed sign erector. Except as provided by this subsection, signs shall be erected by licensed sign erectors.
(b) Exceptions.
(1) If a sign for which a permit is required and has been obtained does not exceed ten (10) square feet in sign area it may be hung without an erector's license.
(2) The sign area of signs hung under this exception shall be included in the calculation of the premise's total sign area when determining compliance with gross sign area limitations.
Sec. 5‑14. General technical requirements.
The following general technical requirements apply to all signs covered by this article.
(a) Design requirements. Every sign shall be designed to conform to
the requirements of this article and to the building code of the City of
(b) Gross sign area limitation:
(1) Except as otherwise provided for herein, each commercial or industrial premises shall be allowed a maximum gross sign area equal to 3.5 percent of the floor area of such premises or 0.9 percent of the total lot area, whichever is larger. The gross sign area shall not exceed 500 square feet for a lot of 10 acres, except a lot containing a hotel or motel in the B-5 Zoning District, which shall be allowed a maximum of 1,000 square feet of gross sign area.
(2) On premises or in buildings with multiple tenants, each tenant shall be allotted a gross sign area equal to 3.5 percent of the floor area occupied, except that a tenant shall be allowed a minimum of forty (40) square feet and shall not exceed five hundred (500) square feet. Common building areas shall not be included in this calculation.
(3) Multiple tenants shall not be permitted individual signs along the street