(a)

There is hereby adopted the International Building Code, 2018 edition, to include Appendices, C, F, G, H, I, and J, three copies of said code to be retained in the office of the building official, as the Code of the City of Belton for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of Belton, providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Building Code, 2018 edition, on file in the office of the building official are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, subject only to the express amendments and deletions provided herein.

(b)

Wherever the word "jurisdiction" is used in the International Building Code, adopted hereby, said term shall mean the City of Belton.

(c)

The following amendments to and deletions from the International Building Code, 2018 edition, are hereby adopted:

Section 101.1 Insert: City of Belton.

New: Section 109.1 Permit fees. No permit shall be issued or construction, building or grading permitted until all designated fees as provided in Section 10-50 of the Belton Unified Development Code shall have been paid.

Amend Section 109.3 as follows:

Section 109.3 Building permit valuations to read. The building valuation shall be determined by the valuation chart listed in the most current edition of the International Code Council Building Safety Journal. The permit valuation shall include the total value of work including material and labor, for which the permit is being issued such as electrical, gas, plumbing, mechanical or structural systems. Then the permit fee shall be determined by the schedule of fees and charges adopted by the City of Belton Unified Development Code section 10-52. However, if in the opinion of the building official, the applicant can show a detailed estimate to meet the approval of the building official for the valuation, then that can be the building valuation. But, the final permit valuation shall be set by the building official.

Amend Section 109.4 as follows:

Section 109.4 Work commencing before permit issuance. Any person or company that commences any work on a building, structure electrical, gas, plumbing or mechanical system before obtaining the necessary permits shall be subject to a fee double the original permit fee as established by the City of Belton.

Amend Section 109.6 as follows:

Section 109.6 Refunds. This section is hereby replaced with section 10-57 of the City of Belton Unified Development Code.

Amend Section 113 as follows:

Section 113 Board of appeals. The board of appeals shall mean the building and fire prevention code board of adjustments as defined in section 10-18 of this Unified Development Code, and shall hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code. The code official shall be an ex-officio member of said board but shall have no vote on any matter before the board.

Amend Section 115 as follows:

Section 115 Stop orders. In addition thereto, no building permit or permits will be issued to any person engaged in doing or causing such work to be done by such persons in the City of Belton until any and all stop work orders or any other restrictions have been cancelled or have been lifted by the building official.

Amend Section 903.2.1 as follows:

Section 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. The requirements of this section shall also apply to existing buildings undergoing a change of use to a Group A occupancy.

New: Section 903.3.5.3 as follows:

Section 903.3.5.3 Water flow safety factor. A safety factor shall be applied to all flow tests for automatic sprinkler systems. A parallel curve shall be drawn to the actual flow test curve that has been reduced by 15 percent of the static pressure. An automatic sprinkler system design shall not exceed the 15 percent curve.

Amend Section 903.3.1.2.1 as follows:

Section 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks, and ground floor patios of dwelling units and sleeping units. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of 14 inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.

Amend Section 903.4.2 as follows:

Section 903.4.2 Alarms. An approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. When a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Amend Section 904.3.5 as follows:

Section 904.3.5 Monitoring. Where a building fire alarm system is installed, automatic fire-extinguishing systems, to include kitchen hood suppression systems, shall be monitored by the building fire alarm system in accordance with NFPA 72.

Amend Section 906.1 as follows:

Section 906.1 Where required. Portable fire extinguishers shall be installed in all of the following locations:

1.

In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies;

2.

In all new and existing laundry rooms.

Amend Sections 907.2.1, 907.2.2, 907.2.3, 907.2.4, 907.2.7, 907.2.8, and 907.2.9 as follows:

Section 907.2.1 Group A. Delete exception for manual fire alarm boxes in sprinklered buildings.

Section 907.2.2 Group B. Delete exception for manual fire alarm boxes in sprinklered buildings.

Section 907.2.3 Group E. Delete exception for manual fire alarm boxes in sprinklered buildings.

Section 907.2.4 Group F. Delete exception for manual fire alarm boxes in sprinklered buildings.

Section 907.2.7 Group M. Delete exception for manual fire alarm boxes in sprinklered buildings.

Section 907.2.8 Group R-1. Delete exception for manual fire alarm boxes in sprinklered buildings.

Section 907.2.9 Group R-2. Delete exception for manual fire alarm boxes in sprinklered buildings.

Amend Section 912.4 as follows:

Section 912.4 Access. Immediate access to fire department connections shall be no less than 3 feet in width, maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire code official.

Amend Section 1015.2 as follows:

Section 1015.2 Where required. Additional text: Guards are required at retaining walls over 30 inches above grade when walking surfaces are within 10 feet of the high side of the retaining wall.

Amend Chapter 11 as follows:

Chapter 11- Accessibility. The architect/design professional is responsible for all ADA design elements and requirements in accordance with ICC A117.1-2017 Standard for Accessible and Usable Buildings and Facilities or the 2010 ADA Standards for Accessible Design (at a minimum).

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

There is hereby adopted the International Mechanical Code, 2018 edition, including Appendix A, published by the International Code Council as the code of the city regulating and governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration system, incinerator or other miscellaneous heat-producing appliances in the City of Belton, providing for issuance and permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, 2018 edition, published as aforesaid, and on file in the office of the building official are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, subject only to the express amendments and deletions provided herein.

(b)

The following amendments to and deletions from the International Mechanical Code, 2018 edition, are hereby adopted:

Amend Section 101.1 as follows:

Section 101.1. Insert: City of Belton

Amend Section 106.5.2 as follows:

Section 106.5.2. Insert: "Section 10-52 of the Belton Unified Development Code"

Amend Section 106.5.3 as follows:

Section 106.5.3 Fee Refunds. This section is hereby replaced with section 10-57 of the City of Belton Unified Development Code.

Amend Section 109 as follows:

Section 109 Appeals. Board of appeals shall mean the Building and Fire Prevention Code Board of Adjustments as defined in section 10-18 of this Unified Development Code, and shall hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code. The code official shall be an ex-officio member of said board but shall have no vote on any matter before the board.

Amend Section 401.2 as follows:

Section 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. Where the air infiltration rate in a dwelling unit is less than three (3) air changes per hour when tested with a blower door at a pressure of 0.2 inch water column (50 Pa) in accordance with Section R402.4.1.2 of the International Energy Conservation Code, the dwelling unit shall be ventilated by mechanical means in accordance with Section 403.

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

There is hereby adopted the International Plumbing Code, including supplements and including Appendices B, C, D, and E, 2018 edition, published by the International Code Council as the Code of the City of Belton for governing and regulating the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, or use of any plumbing system in the City of Belton providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such the International Plumbing Code, on file in the office of the building official are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, subject only to the express amendments and deletions provided herein.

(b)

The following amendments to and deletions from the International Plumbing Code, 2018 edition, are hereby adopted:

Amend Section 101.1 as follows:

Section 101.1. Insert: City of Belton

Amend section 106.6.3 as follows:

Section 106.6.3 Fee refunds. This section is hereby replaced with section 10-57 of the City of Belton Unified Development Code.

Amend section 109 as follows:

Section 109. Board of appeals shall mean the Building and Fire Prevention Code Board of Adjustments as defined in section 10-18 of this Unified Development Code, and shall hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code. The code official shall be an ex-officio member of said board but shall have no vote on any matter before the board.

Amend Section 305.4.1 as follows:

Section 305.4.1 Sewer depth. Building sewers shall be installed not less than 12 inches below grade.

Amend Section 410.4 as follows:

Section 410.4 Substitution. In other occupancies where drinking fountains are required, water coolers or bottled water dispensers are permitted to be substituted for the required drinking fountains.

Amend Section 608.15.2 as follows:

Section 608.15.2 Protection of backflow preventers. Backflow preventers shall not be located in areas subject to freezing except where they can be removed by means of a union or are protected from freezing by heat, insulation or both. Exception: In-ground backflow devices for lawn-irrigation systems.

Amend Section 903.1 as follows:

Section 903.1 Roof extension. Open vent pipes that extend through a roof shall be terminated not less than 6 inches above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck, or similar purposes, open vent pipes shall terminate not less than 7 feet above the roof.

Amend Section 918.1 as follows:

Section 918.1 General. Air admittance valves are not allowed unless approved by the Authority Having Jurisdiction (AHJ). Vent systems utilizing air admittance valves shall comply with this section. Stack type air admittance valves shall conform to ASSE 1050. Individual and branch-type air admittance valves shall conform to ASSE 1051.

Amend Section 1103.3 as follows:

Section 1103.3 Prohibited drainage. Storm water systems, to include connections of sump pumps, foundation drains, yard drains, gutters, downspouts and any other stormwater conveyance or system are prohibited from connecting to the sanitary sewer system. Storm water systems shall not discharge onto adjacent properties.

Amend Section 1113.1.4 as follows:

Section 1113.1.4 Piping. Discharge piping shall meet the requirements of Sections P3002.1, P3002.2, P3002.3, and P3003. Discharge piping shall include an accessible full flow check valve. Pipe and fittings shall be the same size as or larger than the pump discharge piping. Discharge shall be day-lighted and shall not be discharged into the public sewer system or onto adjacent properties.

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

The National Electrical Code, 2017 edition, the National Fire Protection Association article 90 and local amendments are hereby adopted as the electrical code for the City of Belton.

(b)

The following amendments to and deletions from the National Electrical Code, 2017 edition, are hereby adopted:

Amend Annex H 80.15 as follows:

Annex H 80.15 Electrical Board. This board shall mean the building and fire prevention code board of adjustments as defined in section 10-18 of this Unified Development Code, and shall hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code. The code official shall be an ex-officio member of said board but shall have no vote on any matter before the board.

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

The International Residential Code for One- and Two-Family Dwellings, 2018 edition, and Appendices A, B, C, D, F, G, H, I, J, K, M, N, O, and P is hereby adopted by the City of Belton.

(b)

The following amendments to and deletions from the International Residential Code for One- and Two-Family Dwellings, 2018 edition, are hereby adopted:

Amend Section 101.1 as follows:

Section R101.1. Insert: City of Belton

Amend Section R105.2 (1) as follows:

Section R105.2 (1). One story detached accessory structures provided that the floor area does not exceed 120 square feet.

Amend Section R108 as follows:

Section R108.1 Permits. No permit shall be issued or construction, building or grading permitted until all designated fees as provided in chapter 10, article II of in the Belton Unified Development Code of Ordinances of the City of Belton shall have been paid.

Amend Section R108.2 as follows:

Section R108.2 Schedule of permit fees. This section is hereby replaced with section 10-52 of the City of Belton Unified Development Code.

Amend Section R108.5 as follows:

Section R108.5 Refunds. This section is hereby replaced with section 10-57 of the City of Belton Unified Development Code.

Amend Section R112 as follows:

Section R112 Board of Appeals. Board of appeals shall mean the Building and Fire Prevention Code Board of Adjustments as defined in section 10-18 of this Unified Development Code, and shall hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code. The code official shall be an ex-officio member of said board but shall have no vote on any matter before the board.

Amend Table R301.2 (1) as follows:

Table R301.2 (1); The following values shall be inserted into the table:

Ground snow load (psf): 20;

Wind design speed (mph):115;

Topographical effects: No;

Windborne debris zone: No;

Special wind region: No;

Seismic Design Category: A;

Weathering: Severe;

Frost Line Depth: 36 inches;

Termite: Moderate to Heavy;

Winter Design Temp: 6 degrees F;

Ice Barrier required - Yes;

Air freezing Index - 927;

Mean Annual Temp: 55.5 degrees F.

Flood Hazard: Current FIRM

Table R301.2(1) Climatic and Geographic Design Criteria

Manual J Design Criteria- Delete.

Amend Section R302.5.1 as follows:

Section R302.5.1 Opening Protection. Add exception as follows: "Attic access openings shall not be required to be equipped with a self-closing device".

Amend Section R303.4 as follows:

Section R303.4 Mechanical ventilation. Where the air infiltration rate of a dwelling is less than 3 air changes per hour when tested with a blower door at a pressure of 0.2 inch w.c. (50 Pa) in accordance with Section N1104.4.1.2, the dwelling unit shall be provided with whole house mechanical ventilation in accordance with Section M1505.3

Amend Section R311.3 as follows:

Section R311.3 Floors and landings at exterior doors.

There shall be a landing or floor on each side of each exterior door. The width of each landing shall not be less than the door served. Landings shall have a dimension of not less than 36 inches measured in the direction of travel. The slope at exterior landings shall not exceed ¼ unit vertical in 12 units horizontal (2 percent).

Exceptions:

a.

Exterior balconies less than 60 square feet and only accessible from a door are permitted to have a landing less than 36 inches measured in the direction of travel.

b.

A landing is not required at exterior doors, other than the required egress door, where a stairway of three (3) or fewer risers is located on the exterior side of the door, provided the door does not swing over the stairway.

Amend Section R311.3.2 as follows:

Section R311.3.2 Floor elevations at other exterior doors.

Doors other than the required egress door shall be provided with landings or floors not more than 7 ¾ inches below the top of the threshold.

Exception:

A landing is not required where a stairway of three (3) or fewer risers is located on the exterior side of the door, provided the door does not swing over the stairway.

Amend Section R313 as follows:

Section R313 Automatic fire sprinkler systems. A builder of a one- and two-family dwelling or townhouse shall offer to any purchaser, on or before the time of entering into the purchase contract, the option, at the purchaser's cost to install a fire sprinkler system. Notwithstanding any other provision of law to the contrary, no purchaser of such one- and two-family dwelling or townhouse shall be denied the right to install a fire sprinkler system in such dwelling or townhouse. The provisions of this section which mirror the requirements of RSMo 67.281, shall expire December 31, 2019.

Section R313.1 Townhouse automatic fire sprinkler systems. Delete.

Amend Section R317.1.1 as follows:

Section R317.1.1 Field treatment. Delete

Amend Section R318.1.1 as follows:

Section R318.1.1 Field treatment. Delete

Amend Section R326 as follows:

Section R326 Swimming pools, spas and hot tubs. Installation of swimming pools, spas and hot tubs shall be in accordance with Chapter 42 and the provisions of the Unified Development Code.

Amend Section R403.1.1.1 as follows:

Section R403.1.1.1 Footing reinforcement. Footings for basement foundation walls shall have minimum reinforcement consisting of not less than two (2) # 4 re-bar continuous, uniformly spaced, spaced a minimum of three (3) inches clear from the bottom and edges of the footing.

Amend Section R403.1.1.2 as follows:

Section R403.1.1.2 Column pads. Unless specified otherwise, column pads shall be a minimum of 24 inches by 24 inches by 8 inches in depth. (24" x 24" x 8"). Reinforcement shall consist of three (3) #4 re-bar each way uniformly spaced, within each column pad.

Amend Section R404.1.1 as follows:

Section R404.1.1 Design required. A design in accordance with accepted engineering practice shall be provided for concrete or masonry foundation walls when any of the following conditions exist:

a.

Walls are subject to hydrostatic pressure from ground water.

b.

Walls supporting more than 48 inches of unbalanced backfill that do not have permanent lateral support at the top and bottom.

c.

Foundation walls over 10 feet in height measured from the top of the footing to the top of the wall.

Amend Section R405.1 as follows:

Section R405.1 Concrete or masonry foundations. Exception: The filter membrane is not required where perforated drains are covered with a minimum of 18 inches of clean gravel or crushed stone as measured from the top of the footing

Amend Section R506.3 as follows:

Section R506.3 Floor slab placement. Column pads shall be isolated from the basement slab.

Amend Section R602.6.1 as follows:

Section R602.6.1 Drilling and notching of top plate. Where piping or ductwork is placed in or partially in an exterior wall or an interior load bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054 inch thick (16 ga) and 1 ½ inches wide shall be fastened across and to the plate at each side of the opening with not less than four 10d nails having a minimum length of 1 ½ inches at each side or equivalent. The metal tie must extend not less than six inches past the opening. Exception: Where the entire side of the wall with the notch or cut is covered by wood structural panel sheathing.

Amend Section R703.2 as follows:

Section R703.2 water resistive barrier. Add exception: A water-resistive barrier is not required for detached accessory structures.

Amend Table N1102.1.2 as follows:

Table N1102.1.2 Insulation and fenestration requirements by component. (a)

Climate zone: 4

Fenestration U-factor (b): 0.32

Skylight U-factor (b): 0.55

Glazed Fenestration SHGC (b): 0.40

Ceiling R-value: 49

Wood frame wall R-value: 13

Mass wall R-value (i): 8/13

Floor R-value: 19

Basement wall R-value (c): 10/13

Slab R-value and Depth: NR

Crawl space R-value (c): 10/13

(a) R values are minimums. U-factors and SHGC are maximums.

(b) The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.

(c) "10/13" means R-10 continuous insulation on the interior or exterior of the home or R-13 cavity insulation on the interior of the basement walls.

(i) Mass walls shall be in accordance with Section N1102.2.5. The second R-value applies where more than half the insulation is on the interior of the mass wall.

Amend Section N1102.4.1.2 as follows:

N1102.4.1.2 Testing. When required by the code official, the building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding three (3) air changes per hour.

Amend Section N1102.4.2 as follows:

N1102.4.2 Fireplaces. New wood-burning fireplaces shall have tight-fitting flue dampers or doors and outdoor combustion air.

Delete Sections N1102.4.4; N1103.3.3; N1103.3.2.1; N1103.3.5; N1103.5.1; N1104 as follows:

N1102.4.4 Rooms containing fuel burning appliances. Delete

N1103.3.3 Duct testing. Delete

N1103.3.2.1 Sealed air handler. Delete.

N1103.3.5 Building cavities. Delete.

N1103.5.1 Circulation systems. Delete

N1104 Electrical power and lighting systems. Delete.

Amend Table N1106.4 as follows:

Table N1106.4 Maximum Energy Rating Index. Climate zone 4: Energy rating index: 80

Amend Section G2414.5.3 as follows:

G2414.5.3 Copper or copper-alloy tubing. Copper tubing shall comply with Standard Type K or L of ASTM B88 or ASTM B280. Copper and brass tubing shall not be utilized to distribute natural gas, nor shall it be utilized to distribute any other fuel gas within a building or structure.

Amend Section G2417.4.1 as follows:

G2417.4.1 Test pressure. The test pressure to be used shall not be less than one and one-half times the proposed maximum working pressure, but in no case less than 10 psig regardless of design pressure. For welded piping and for piping carrying gas at pressure in excess of 14 inches water column, the test pressure shall not be less than 60 psig.

Amend Section P2603.5 as follows:

P2603.5 Freezing. Water, soil, or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subject to freezing temperature unless adequate provision is made to protect it from freezing by insulation or heat or both. Water service pipe shall be installed not less than 42 inches in depth below grade.

Amend Section P2603.5.1 as follows:

P2603.5.1 Sewer depth. Building sewers shall not be less than 12 inches below grade.

Amend Section P2604.5 as follows:

P2604.5 Inspection. Excavations required for the installation of the building sewer system shall be open trench work and shall be kept open until the piping has been inspected and approved to cover.

Amend Section P2902.5.3 as follows:

P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a device approved by the Missouri Department of natural Resources (MDNR). Backflow devices within structures shall be installed between 12 inches and 48 inches above the floor and shall be accessible.

Amend Section P2902.6.2 as follows:

P2902.6.2 Protection of backflow preventers. Backflow preventers shall not be located in areas subject to freezing except where they can be removed by means of unions, or are protected by heat, insulation or both. Exception: In-ground backflow preventers installed for lawn irrigation systems.

Amend Section P2902.6.2 as follows:

P3005.4.2 Building sewer size. The minimum size of a building sewer serving a dwelling unit shall be 4 inches.

Amend Section P3008.1 as follows:

P3008.1 Where required. All sewer connections require a backwater valve which shall be provided with access.

Amend Section P3114.3 as follows:

P3114.3 Where permitted. Individual vents, branch vents, circuit vents, and stack vents shall be permitted to terminate with a connection to an air admittance valve only when approved by the Authority Having Jurisdiction (AHJ).

Amend Section P3303.2 as follows:

P3303.2 Sump pump. Whenever a sump pit is installed, a sump pump and piping for discharge must also be provided. The sump pump discharge must be day-lighted and shall not be discharged into the public sewer system or onto adjacent properties.

Amend Section E3601.6.2 as follows:

E3601.6.2 Service disconnect location. The service disconnecting means shall be installed at a readily accessible location either outside of a building or inside nearest the point of entrance of the service conductors. When service conductors are more than 10 feet in length from the point of entry to the service panel, a separate means of disconnect shall be installed at the service cable entrance to the building or structure. Service disconnecting means shall not be installed in bathrooms. Each occupant shall have access to the disconnect servicing the dwelling unit in which they reside,

Amend Section E3902.2 as follows:

E3902.2 Garage and accessory building receptacles. 125-volt, single phase, 15 or 20 ampere receptacles installed in garages and grade level portions of unfinished accessory buildings used for storage or work areas shall have ground-fault circuit-interrupter protection for personnel. Exception: 1. Single receptacle for a garage door opener. 2. Single receptacle on a dedicated circuit that is specifically identified for use of an appliance such as a refrigerator or freezer.

Amend Section E3902.5 as follows:

E3902.5 Unfinished basement receptacles. 125-volt, single-phase, 15 and 20 ampere receptacles installed in unfinished basements shall have ground-fault circuit- interrupter protection for personnel. For purposes of this section, unfinished basements are defined as portions or areas of the basement not intended as habitable rooms.

Exception: 1. A receptacle supplying only a permanently installed fire alarm or burglar alarm system. 2. Single receptacle on a dedicated circuit specifically identified for the sump pump.

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

The International Private Sewage Disposal Code, 2018 edition, is hereby adopted by the City of Belton.

(b)

The following amendments to and deletions from the International Private Sewage Disposal Code, 2018 edition, are hereby adopted:

Amend Section 101.1 as follows:

Section 101.1 Title. These regulations shall be known as the Private Sewage Disposal Code of the City of Belton, hereinafter referred to as 'this code.'

Amend Section 106.4.2 as follows:

Section 106.4.2 Fees schedule. This section is hereby replaced with section 10-52 of the City of Belton Unified Development Code.

Amend Section 106.4.2 as follows:

Section 106.4.3 Fee Refunds. This section is hereby replaced with section 10-57 of the City of Belton Unified Development Code.

Amend Section 109 as follows:

Section 109 Means of Appeal. The board of appeals shall mean the building and fire prevention code board of adjustments as defined in section 10-18 of this Unified Development Code, and shall hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code. The code official shall be an ex-officio member of said board but shall have no vote on any matter before the board.

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

The International Fuel Gas Code, 2018 edition and Appendices A, B, C, D and local amendments is hereby adopted as the code that regulates the design and installation of fuel gas systems and gas-fired appliances for the City of Belton.

(b)

The following amendments to and deletions from the International Fuel Gas Code, 2018 edition, are hereby adopted:

Amend Section 101.1 as follows:

Section 101.1. Title. These regulations shall be known as the Fuel and Gas Code of the City of Belton, hereinafter referred to as "this code".

Amend Section 106.6.2 as follows:

Section 106.6.2. Fee Schedule. See schedule of fees and charges as determined in section 10-52 of the City of Belton Unified Development Code.

Amend Section 106.6.3 as follows:

Section 106.6.3 Fee Refunds. This section is hereby replaced with section 10-57 of the City of Belton Unified Development Code.

Amend Section 109 as follows:

Section 109 Means of Appeal. The board of appeals shall mean the building and fire prevention code board of adjustments as defined in section 10-18 of this Unified Development Code, and shall hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code. The code official shall be an ex-officio member of said board but shall have no vote on any matter before the board.

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

The International Energy Conservation Code, 2018 edition, is hereby adopted as the code that regulates the design of energy efficient buildings and installation of energy efficient mechanical, lighting and power systems through requirements emphasizing performance, for the City of Belton.

(b)

The following amendments to and deletions from the International Energy Conservation Code, 2018 edition, are hereby adopted:

Amend Section C101.1, R101.1 as follows:

Section C101.1, R101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Belton, hereinafter referred to as "this code."

Amend Sections C104.2 and R104.2 as follows:

Sections C104.2 and R104.2 Fees. These sections are hereby replaced with section 10-52 of the City of Belton Unified Development Code.

Amend Sections C104.5 and R104.5 as follows:

Sections C104.5 and R104.5 Fee Refunds. These sections are hereby replaced with section 10-57 of the City of Belton Unified Development Code.

Amend Sections C109 and R109 as follows:

Sections C109 and R109 Means of Appeal. The board of appeals shall mean the building and fire prevention code board of adjustments as defined in section 10-18 of this Unified Development Code, and shall hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code. The code official shall be an ex-officio member of said board but shall have no vote on any matter before the board.

Amend Table R402.1.2 as follows:

Table R402.1.2 Insulation and fenestration requirements by component. (a) Climate zone: 4

Fenestration U-factor (b): 0.32

Skylight U-factor (b): 0.55

Glazed Fenestration SHGC (b): 0.40

Ceiling R-value: 49

Wood frame wall R-value: 13

Mass wall R-value (i): 8/13

Floor R-value: 19

Basement wall R-value(c): 10/13

Slab R-value and Depth: NR

Crawl space R-value(c): 10/13

(a) R values are minimums. U-factors and SHGC are maximums.

(b) The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.

(c) "10/13" means R-10 continuous insulation on the interior or exterior of the home or R-13 cavity insulation on the interior of the basement walls.

(i) Mass walls shall be in accordance with Section N1102.2.5. The second R-value applies where more than half the insulation is on the interior of the mass wall.

Amend Section R402.4.1.2 as follows:

Section R402.4.1.2 Testing. When required by the code official, the building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding three (3) air changes per hour.

Amend Section R402.4.2 as follows:

Section R402.4.2 Fireplaces. New wood-burning fireplaces shall have tight- fitting flue dampers or doors and outdoor combustion air.

Delete Section R402.4.4 Rooms containing fuel burning appliances.

Delete Section R403.3.3 Duct testing.

Delete Section R403.3.2.1 Sealed air handler.

Delete Section R403.3.5 Building cavities.

Delete Section R403.3.5.1.1 Circulation systems.

Delete Section R404 Electrical power and lighting systems.

Amend Table R406.4 as follows:

Table R406.4 Maximum Energy Rating Index. Climate zone 4: Energy rating index: 80

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

The International Existing Buildings Code, 2018 edition, is hereby adopted as the code for the repair, alteration, change of occupancy, additional, and relocation of existing buildings.

(b)

The following amendments to and deletions from the International Existing Buildings Code, 2018 edition, are hereby adopted:

Delete Chapter 1, Scope and Administration, except for the following:

Section 101.2 Scope.

Section 101.3 Intent.

Amend Section 705.3 Roof Replacement as follows: Roof replacement shall be in accordance with 1511.31 of the International Building Code.

Delete Section 705.3.1 Roof recover.

Delete Section 705.3.1.1 Exceptions.

Delete Section 705.4 Roof recovering.

Amend Section 904.1 Automatic Sprinkler Systems as follows: Automatic sprinkler systems shall be provided in all work areas where required by the International Building Code.

Add the following appendices:

Appendix C: Guidelines for the Wind Retrofit of Existing Buildings.

(Ord. No. 2022-4738, § 2, 9-27-2022)

(a)

Any person, firm or corporation violating any provision of the international or local building codes adopted hereby or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter, or repair a building or structure in violation of an approved plan, directive or permit issued shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $500.00 or by imprisonment for a term not to exceed 90 days or both such fine and imprisonment. Each separate day or any portion thereof during which any violation of the codes adopted hereby occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided.

(b)

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of any code adopted hereby. No permit presumed to give authority to violate or cancel the provisions of any code adopted hereby shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the building official or administrative authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of any code adopted hereby or of any other ordinance or from revoking any certificate of approval when issued in error.

(UDC 2010, § 6.2.11; Ord. No. 2002-2931, § 1, 10-22-2002; Ord. No. 2007-3364, § 1, 6-12-2007)

The building inspector and his or her duly appointed assistants and agents shall be responsible for and charged with the duty of building inspection within the city. The building inspector shall perform all building inspections and duties required by this chapter and will supervise any assistants or agents.

(UDC 2010, § 6.3; Ord. No. 82-1302, § 3, 10-12-1982; Ord. No. 84-1470, § 9, 8-28-1984; Ord. No. 86-1682, § 3, 11-11-1986; Ord. No. 94-2285, § 3, 12-14-1994; Ord. No. 99-2606, § 3, 3-9-1999; Ord. No. 2002-2931, § 1, 10-22-2002)

Wherever the term "building official" or "administrative authority" appears in this chapter or the International Codes, or any other code adopted by the city, said term shall be interpreted as referring to the community development director of the city or his or her duly designated assistants or agents.

(UDC 2010, § 6.4; Ord. No. 62-108, § 2, 8-21-1962; Ord. No. 82-1302, § 9, 10-12-1982; Ord. No. 84-1470, § 10, 8-28-1984; Ord. No. 86-1682, § 9, 11-11-1986; Ord. No. 94-2285, § 9, 12-14-1994; Ord. No. 2002-2931, § 1, 10-22-2002; Ord. No. 2007-3364, § 1, 6-12-2007)

(a)

Membership of board. The board of adjustment shall consist of five members, one of whom shall be a member of the city council, and three alternates all of whom shall be residents of the City of Belton and who shall be appointed by the mayor with the consent of the city council. Each member of the board shall serve for a term of two years or until his or her successor has been duly appointed by the mayor and approved by the city council.

(b)

Qualifications of board members. Board members and alternates shall be selected with a view towards their educational background or pragmatic experience in the construction and building field. No member shall be permitted to hear an appeal in which they have a personal, professional or financial interest.

(c)

Chairman and vice-chairman. The board of adjustment shall select one of its members to serve as chairman and one to serve as vice-chairman who shall perform the duties of chairman in the absence of said individual. In the absence of a member, the chairman shall appoint an alternate to serve and take part in the board decision. The city council member of the board shall not be eligible to serve as either chairman or vice-chairman.

(d)

Meetings. The board shall meet upon call of the chairman within ten days of the filing of an application from any person or entity aggrieved by a decision of the building or fire official.

(e)

Procedural rules. The board may adopt such procedural rules as may be necessary to fulfill the function of the board. Prior to the adoption of any such rules by the board of appeals, same shall first be submitted to the city council for its review and approval by motion.

(f)

Action of the board. The board shall modify or reverse the decision of the building or fire official by the concurring vote of three of the members of the board. Failure to secure three concurring votes shall be deemed affirmation of the decision of the building or fire official.

(g)

Jurisdiction. An application for appeal shall be based on a claim that the intent of the code or the rules legally adopted have been incorrectly interpreted, the provisions of the code do not fully apply, an equivalent level of protection or safety is proposed, or that an equally good or better form of construction is proposed. The board shall have no authority to waive the requirements of the code.

(h)

Enforcement of decision. Every decision shall be promptly filed in writing in the office of the code official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant. The code official shall take immediate action in accordance with the decision of the board.

(i)

Appeal. Any person aggrieved by a decision of the board of adjustment whether or not a previous party to the decision may appeal said decision to the Circuit Court of Cass County. Any such appeal shall be made within 15 days of the issuance of the board's decision.

(UDC 2010, § 6.5; Ord. No. 62-108, § 2, 8-21-1962; Ord. No. 82-1218, § 1, 2-23-1982; Ord. No. 82-1276, § 1, 7-27-1982; Ord. No. 83-1405, § 6, 11-8-1983; Ord. No. 84-1470, § 11, 8-28-1984; Ord. No. 2007-3355, § 1, 6-12-2007; Ord. No. 2012-3848, § 1, 10-23-2012)

Editor's note— Ord. No. 87-1751, § 1, adopted Aug. 25, 1987, repealed § 10-19 (formerly § 6.6) which set forth the minimum area for one- and two-family dwellings as derived from Ord. No. 62-108, § 2, adopted Aug. 21, 1962; and Ord. No. 87-1727, § 1, adopted May 12, 1987. For current provisions concerning such subject matter, the user is directed to the Belton Zoning Code, as amended, on file in the office of the city clerk.

(a)

Definitions. The term "swimming pool" as used herein is hereby defined as a receptacle for water or an artificial pool of water having a depth at any point of more than two feet intended for the purpose of immersion or partial immersion therein of human beings.

(b)

Compliance. It shall be unlawful to construct, maintain, install or enlarge any swimming pool in the city except in compliance with the provisions of this section.

(c)

In-ground pools. All outdoor swimming pools shall be completely enclosed by fences. All fence openings or points of entry into the pool-area enclosure shall be equipped with gates. The fences and gates shall be a minimum of four feet in height above the grade level. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate. Design and construction of a fence or gate shall be approved by the engineering division of the public works department at the time of issuance of the building permit.

(d)

Above-ground pools. A swimming pool constructed above the ground, either totally or partially, shall be protected by a fence at least four feet high if its sidewalls or any part of the surrounding deck area is less than four feet above grade. Should any such pool be constructed so as to provide by its design a six-foot barrier above grade at all points of the swimming pool, no fence is required; but access ladders to said pools shall be so arranged as to not be accessible when the pool is not in use.

(e)

Pools existing or under construction on August 28, 1979. Any swimming pools in existence or under construction on August 28, 1979, not protected by a fence of at least 48 inches in height above grade or by design or construction so as to provide at least a 48-inch barrier above grade at all points on the swimming pool shall be placed in compliance with the provisions of this section by the owner of said pool no later than June, 1, 1980.

(UDC 2010, § 6.6.1; Ord. No. 79-1014, §§ 1—3, 8-14-1979; Ord. No. 84-1470, § 12, 8-28-1984; Ord. No. 2006-3225, § 1, 3-28-2006; Ord. No. 2006-3257, § 1, 6-27-2006)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Antenna means the arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves (radio waves).

Antenna support structure or transmission tower means any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves.

Antenna support structure height means the overall vertical length of the antenna support structure or tower, above grade or ground (measured between the highest point of the antenna support structure and the natural grade directly below this point), or if such system is mounted on a building, then the overall vertical length includes the height of the building upon which the antenna support structure is mounted.

(b)

Permit required. It shall be unlawful for any person, firm or corporation to erect, install, construct, alter, move, relocate, enlarge or increase the height of any antenna support structure, or cause the same to be done, without first obtaining a building permit from the city.

(c)

Application for permit. Application for a building permit, signed by the owner or his or her authorized agent, shall be filed with the building inspector, on a form furnished for that purpose, and shall have attached thereto the following:

(1)

A site plan, drawn to scale, identifying the site boundary, location of existing buildings or structures and the proposed location of the antenna support structure including guy wire anchors.

(2)

Two copies of construction and installation drawings and specifications, preferably manufacturer's drawings and specifications if available, for the antenna support structure including details of footing, foundation, guys, braces, anchors and antenna installation. Such drawings and specifications shall be drawn to scale with sufficient clarity and detail to indicate the nature and character of the work and shall contain information, in the form of notes or otherwise, as to quality of materials. All drawings and specifications and accompanying data shall bear the name and address of the designer.

(3)

Written manufacturer's and/or professional structural engineer's certification that the antenna support structure has been designed in compliance with the minimum design loads prescribed in the Uniform Building Code, 1985 edition, or in accordance with the minimum Electronics Industry Association (EIA) standards.

(d)

Electrical requirements. All antenna support structures, whether ground or roof mounted, shall be electrically grounded. Grounding shall be in accordance with the provisions of the currently adopted version of the National Electrical Code, and the support structure's manufacturer's specifications.

(e)

Restrictions.

(1)

Ground-mounted antenna support structures, including guy wire anchors, may be erected, constructed or installed only in rear or side yards and must be located within the allowable building area. Exception: Guy wire anchors may be installed within one foot of the rear or side property lines. No antenna or antenna support structure will be permitted in the front setback area.

(2)

No more than one primary ground-mounted antenna support structure shall be permitted on any one lot or principal building unless otherwise approved by the city council.

(f)

Exemptions. This section shall not affect any existing antenna support structure, utilized by federally licensed amateur radio operator, which has been constructed and which was in place prior to the date of the passage of these requirements.

(UDC 2010, § 6.6.2; Ord. No. 89-1949, § 1, 12-12-1989)

Editor's note— Ord. No. 2007-3364, § 1, adopted June 12, 2007, repealed § 10-22 in its entirety. Formerly, said section was numbered 6.7 and pertained to violations as enacted by Ord. No. 62-108, § 6, adopted Aug. 21, 1962; as amended.

(a)

Pursuant to RSMo. 89.020 for the purpose of promoting health, safety, morals or the general welfare of the community, the legislative body is hereby empowered to regulate and restrict the zoning, height and setback limitations, separation, aesthetics, lighting, landscaping, colocation, accessory use provisions and other general provisions regarding the application and permit requirements for telecommunications towers and antennas.

(b)

The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

(2)

Encourage strongly the joint use of new and existing tower sites;

(3)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(4)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

(5)

Enhance the ability of the providers of telecommunications services to the community quickly, effectively, and efficiently.

(c)

All towers and antennas shall only be allowed in A Agricultural, I-1 Light Industrial, and I-2 Heavy Industrial zoning districts after the issuance of a use permitted upon review.

(d)

Other criteria to grant tower and antenna uses shall include but not be limited to the following:

(1)

Height and setback limitations and special use permit conditions. Setback shall be equal to the height of the ground-mounted tower unless an engineer certifies the fall zone will be within the setback area proposed. Setbacks for towers on roof/structure may be as high as distance to edge of roof/structure, or the height of a ground-mounted tower may be used for a roof/structure-mounted tower if the setbacks for a ground tower are satisfied. Additional setbacks may be required to contain on-site substantially all ice-fall or debris from tower failures and/or to preserve the privacy of adjoining residential and public property. Setbacks shall apply to all tower parts including any accessory facilities.

a.

Towers must be set back a distance equal to 1½ times the height of the tower from any residential district.

b.

Towers and accessory facilities must satisfy the minimum zoning district setback requirements.

c.

Towers and antennas shall set back from any off-site residence a distance at least to 1½ times the height of the tower.

d.

Towers shall be restricted to monopole design. No guy wires or anchor supports shall be permitted.

(2)

Separation. No two towers shall be located within a one-mile radius. This requirement shall be exempt provided the tower is located on a building.

(3)

Aesthetics.

a.

Facilities should be architecturally compatible with surrounding buildings and land uses in the zone district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.

b.

Roof and/or building-mounted facility. Antennas on the rooftop or above a structure shall be screened, constructed and/or colored to match the structure to which they are attached. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Microwave antennas exceeding 12 inches in diameter on a roof or building-mounted facility shall not exceed the height of the structure to which they are attached unless fully enclosed. If an accessory equipment shelter is present, it must blend with the surrounding building(s) in architectural character or color.

c.

Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved and disturbance of the existing topography of the site should be minimized unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques should be evaluated, taking into consideration the site as built.

(4)

Lighting. Communications towers shall only be illuminated as required by the FCC and/or the FAA. Security lighting around the base of a tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.

(5)

Landscaping.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(6)

Colocation. If a tower is constructed, it shall be three times the capacity of intended use in order that secondary users could lease the balance of the tower capacity at a reasonable rate.

(7)

Accessory use provisions.

a.

Accessory uses shall include only such buildings and facilities necessary for transmission functions and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage area, nor other similar uses not necessary for the transmission function.

b.

All accessory buildings shall be constructed of building materials consistent with the primary use of the site. Where there is no primary use other than the tower, the building materials for the accessory building shall be subject to the review and approval of the planning commission and/or governing body.

(8)

Notice requirements and removal of abandoned towers.

a.

The tower owner/operator shall submit a copy of the current license along with a letter to the planning office by July 1 of each year listing the current users and types of antenna located on the approved tower. A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner and operator.

b.

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the governing authority may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(9)

Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the governing authority shall be exempt from the requirements of this section, provided a license or lease authorizing such antenna or tower has been approved by the governing authority.

(10)

Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance from which this section is derived shall not be required to meet the requirements of this section, except for subsection (b)(8) of this section to notify the city of who is using the tower on a yearly basis. Any such towers or antennas shall be referred to in this section as "pre-existing towers" or "pre-existing antennas."

(11)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcel within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(12)

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the governing authority shall be in the manner provided herein.

(13)

Building codes/safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the governing authority may remove such tower at the owner's expense.

(14)

As-built plans. Within 60 days of completion of the initial construction and any additional construction, each franchisee shall furnish two complete sets of plans, drawn to scale and certified to the city as accurately depicting the location of all telecommunications facilities constructed pursuant to the franchise or license and required permits.

(15)

Undergrounding. In all areas of the city where the cables, wires and other like facilities of public utilities exist underground or are required by the city to be placed underground, an operator shall also place its cables, wires, or other facilities underground.

(16)

Disturbances. In the case of any disturbance to a street or other public property, caused by an operator during the course of constructing or maintaining its system facilities, an operator shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or other public property disturbed in as good or better condition as before the disturbance in accordance with applicable federal, state and local laws, rules, regulations or administrative decisions. The duty to restore the street or other public property shall include the repair of any area identified by the director of public works as being weakened or damaged as a result of a cut or to other invasion of the pavement of a street or other public property.

(17)

Authority to trim trees. An operator shall have authority to trim trees and shrubbery upon and overhanging streets and other public property so as to prevent the branches and foliage of such trees and shrubbery from coming in contact and interfering with the wires, cables and other facilities of an operator. All trimming shall be done under the supervision and direction of the city.

(18)

Inspection. At least every 24 months, the owner and/or operators shall have the tower inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the Electronics Industries Association (EIA) Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures," a copy of such inspection record shall be provided to the city/county.

(UDC 2010, § 6.8; Ord. No. 96-2412, §§ 1—4, 11-12-1996)

No permit to begin to work for new construction, alteration, removal, demolition or other building operation shall be issued until the fees prescribed in the Belton Code of Ordinances and any delinquent taxes or outstanding special assessments shall have been paid to the authorized municipal agency, nor shall an amendment to a permit necessitating an additional fee because of an increase in the estimated cost of the work involved be approved until the additional fee shall have been paid. Furthermore, no permits shall be issued for any property with delinquent taxes outstanding.

(UDC 2010, § 6.19; Ord. No. 66-235, § 1, 1-18-1966; Ord. No. 89-1863, § 2, 1-10-1989)

The payment of the fee for the construction, alteration, removal or demolition and for all work done concurrently in connection with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for water taps, sewer connections, electrical permits, erection of signs and display structures, marquees or other appurtenant structures, or fees for inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the building inspection department.

(UDC 2010, § 6.20; Ord. No. 66-235, § 2, 1-18-1966)

(a)

The fees for building permits are hereby established as listed below:

(b)

Other inspections and fees:

(1)

Inspections outside of normal business hours, per hour (minimum charge, two hours) .....$42.00

(2)

Reinspection fees assessed after the initial inspection and one re-inspection, per hour .....$42.00

(3)

Inspections for which no fee is specifically indicated, per hour .....$42.00

(4)

Additional plan review required by changes, additions or revisions to approved plans, per hour (minimum charge, two hours) .....$42.00

(5)

Inspections for the placement of a mobile home, (manufactured housing) including electrical, gas, tie-downs, skirting, etc. .....$60.00

(UDC 2010, § 6.21; Ord. No. 66-235, § 3, 1-18-1966; Ord. No. 87-1781, §§ 1—3, 11-24-1987; Ord. No. 94-2245, § 1, 3-22-1994; Ord. No. 01-2809, § 1, 8-14-2001; Ord. No. 2007-3364, § 1, 6-12-2007)

(a)

Any building permit issued under the provisions of this chapter or any ordinances of the city shall expire in 12 months.

(b)

Every permit issued by the building official or administrative authority under the provisions of any code adopted hereby shall expire and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of issuance of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefor paid in full.

(UDC 2010, § 6.22; Ord. No. 66-235, § 4, 1-18-1966; Ord. No. 72-634, § 1, 11-28-1972; Ord. No. 2007-3364, § 1, 6-12-2007; Ord. No. 2014-4038, § 2, 9-9-2014)

If a building permit is about to expire and the final construction has not been completed the permittee may petition the community development director or his or her designee for additional extensions of said permit and same must be done before the actual expiration date of the building permit.

(UDC 2010, § 6.23; Ord. No. 66-235, § 4, 1-18-1966; Ord. No. 72-634, § 1, 11-28-1972; Ord. No. 2007-3364, § 1, 6-12-2007)

If a building permit is allowed to expire, the permittee will be required to submit a complete, new application for a building permit as if he had not received a building permit in the first place and any construction without a building permit will be deemed a violation of this chapter.

(UDC 2010, § 6.24; Ord. No. 66-235, § 4, 1-18-1966; Ord. No. 72-634, § 1, 11-28-1972)

The finance department shall keep an accurate account of all fees collected for building permits; and such fees collected shall be deposited in a timely manner in the city depository.

(UDC 2010, § 6.25; Ord. No. 66-235, § 4, 1-18-1966; Ord. No. 72-634, § 1, 11-28-1972; Ord. No. 2007-3364, § 1, 6-12-2007)

The code official shall authorize the refunding of fees as follows:

(1)

The applicant shall apply for a refund within 180 days from the original permit issuance date. Any refund after the 180-day limit shall be denied. Any work that has commenced shall be denied a refund of the permit.

(2)

If the applicant applies for a refund of the permit fee to the community development department, it must be in writing and include:

a.

Date of request;

b.

Permit number;

c.

Reason for request;

d.

Applicant signature as shown on the original permit application.

e.

The full amount of any fee paid which was erroneously paid or collected may be refunded;

(3)

If the applicant is entitled to a refund according to the requirements of this section, the applicant will be entitled to 80 percent of the original permit fee. The remaining 20 shall be retained by the city for administrative costs. Any penalties imposed on the permit holder under the requirements of the building code shall be withheld prior to the calculation of the refund.

(UDC 2010, § 6.26; Ord. No. 66-235, § 5, 1-18-1966; Ord. No. 2007-3364, § 1, 6-12-2007)

Any person who shall violate a provision of this chapter or who fails to pay the fee set forth in this article or who fails to keep current the payment of all outstanding taxes or special assessments on the property upon which the building permit has been issued or who is performing work on property on which all outstanding taxes or special assessments shall not have been paid or have become delinquent, shall be subject to a revocation of his or her building permit and in addition thereto, shall be guilty of a misdemeanor.

(UDC 2010, § 6.27; Ord. No. 66-235, § 6, 1-18-1966; Ord. No. 89-1863, § 3, 1-10-1989)

It is the purpose of this Code to provide for just, equitable, and practicable methods for the determination, notification, repair, vacation, and/or demolition of buildings and structures that may endanger the life, limb, health, property, safety, and/or welfare, of either the occupants or the general public. This Code shall apply to all dangerous buildings and structures, as herein defined, that exist now or that may exist in the future in the City of Belton, Missouri.

(Ord. No. 2016-4250, § 2, 8-9-2016)

The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Building commission means the building fire prevention and appeals board.

(2)

Interested parties means any or all owner(s), occupant(s), lessee(s), mortgagee(s), agent(s), and all other persons having an interest in the building or structure at issue, as shown by the land records of the recorder of deeds office in the county where the property is located.

(3)

Building official means the building inspectors, code enforcement official, and any designee of the same.

(Ord. No. 2016-4250, § 2, 8-9-2016; Ord. No. 2017-4365, § 2, 6-13-2017)

(1)

Any and all buildings, structures, and/or portions thereof, which have any or all of the conditions listed in the following subsections, shall be deemed a "dangerous building or structure" for purposes of this Code.

a.

Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

b.

Those which show 33 percent or more, of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

c.

Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

d.

Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the city.

e.

Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which 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 cause or contribute to cause injury to the health, safety or general welfare of those occupying such building.

f.

Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.

g.

Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of evacuation.

h.

Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

i.

Those which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this city.

(2)

The above listed conditions are hereby deemed detrimental to the health, safety, and/or welfare of the city's residents, the existence of which constitutes a public nuisance.

(Ord. No. 2016-4250, § 2, 8-9-2016)

All dangerous buildings and structures as defined by section 10-92 of this chapter are hereby declared to be a public nuisance and shall be vacated, repaired and/or demolished in accordance with the procedures specified in this Code and under authority of state law RSMo 67.400 to 67.450.

(Ord. No. 2016-4250, § 2, 8-9-2016)

The building official shall have the following duties under this article:

(1)

Conduct inspections.

a.

When there are reasonable grounds to believe a building or structure is a dangerous building, the building official shall inspect, or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special or miscellaneous occupancy buildings and structures for the purpose of determining whether any conditions exist that render such places to be declared a dangerous building(s) or structure(s).

b.

When any complaint or report is filed with the city alleging that a building or structure exists in violation of this Code and the building official believes such report or complaint provides reasonable grounds that such building or structure is dangerous.

c.

The building official shall prepare a written inspection report of findings and photographic evidence of any violations.

(2)

Enter premises.

a.

When it is necessary to make an internal inspection or other inspection not visible from a public right-of-way to enforce the provisions of this Code, or when the building official has reasonable cause to believe that there exists in a building or structure or upon a premises a condition that is contrary to or in violation of this Code that makes the building, structure or premises unsafe, dangerous, or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building, structure or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure or premises and request entry.

b.

If entry is refused, the building official shall report to the building commissioner and may seek an administrative search warrant as provided for in this Code.

(3)

Interpret Code. The building official is hereby authorized to enforce the provisions of this Code. The building official shall have the power to render interpretations of this Code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this Code.

(4)

Grant extension of time to perform work. Upon receipt of an application form, the person required to conform to any order and by agreement of such person to comply with such order if allowed additional time, the building official may grant an extension of time, not to exceed a total of an additional 120 days, within which to complete said repair, rehabilitation, or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation, or demolition of the premises and will not in any way affect the time to appeal any order.

(5)

Appear and testify at hearings. The building official shall appear at all hearings conducted by the building commission and testify as to the condition(s) and area(s) of noncompliance of the building or structure in question.

(6)

Declare dangerous/nuisance; issue orders and notifications.

a.

Once the building official has determined that the building or structure is dangerous under the terms of this Code, he/she shall cause notice of such declaration to be served upon all interested parties in accordance with this section. All interested parties shall be made parties to any action pursuant to this Code.

b.

The declaration of nuisance and order shall contain:

(i)

The street address (or other description sufficient for the accurate identification) of the premises upon which the building or structure is located;

(ii)

A statement that an inspection revealed that the building or structure is dangerous, with a concise description of the conditions found to render this conclusion;

(iii)

A statement of the remedial action(s) required to be taken as determined by the building official including vacating, repairing and/or demolishing the building or structure and cleaning up the lot or property on which the building or structure is located in accordance with the terms of the notice and this chapter; and

(iv)

A statement that such remedial action(s) shall commence within a reasonable time which shall not exceed 30 days from the date of such notice and proceed continuously without unnecessary delay.

c.

Service of the notification with the declaration of nuisance and order shall be sent via both first class U.S. mail (postage prepaid) and certified mail (postage prepaid) return receipt requested to the interested parties. Notice sent via the U.S. Postal Service shall be effective as of the date received. If the building official learns that neither the regular mailed notice nor the certified mailed notice was received by the recipient (for any reason other than refusal), the building official may attempt to have such party personally served with such notice.

If any one of the interested parties does not receive such notice, for whatever reason, such fact shall not invalidate any proceedings hereunder as to any other person duly served nor relieve any such person from any duty or obligation imposed by the provisions of this Code. Mail returned by the U.S. Postal Service marked "refused" shall constitute proof of service.

If service cannot be had by either personal service or by certified mail, then service may be had by publication in a newspaper qualified to publish legal notices, for two successive weeks.

(7)

Post building/structure. Once the building official has determined that a building or structure constitutes a dangerous building for purposes of this Code and the building or structure is occupied or believed to be occupied, he/she shall post a notice to vacate the building or structure, which shall state:

DANGEROUS BUILDING/STRUCTURE

DO NOT ENTER, UNSAFE TO OCCUPY
It is a violation to occupy this building,
or to remove or deface this notice.
Community Development Department
City of Belton, Missouri

BY ORDER OF THE CITY BUILDING INSPECTOR

NAME:______________________

PHONE NUMBER:_________________

DATE:______________________

No person shall remain in or enter any building or structure that has been posted pursuant to this section, except that entry may be made to repair, demolish, or remove such building under a properly issued access permit and/or building permit. No person shall remove or deface any such notice after it has been posted until the required repairs, demolition, or removal have been completed and all provisions of the declaration of nuisance and order have been duly met.

(8)

Prepare notice to building commission. The building official shall report to the building commission if there is noncompliance with any order of repair or demolition pursuant to this Code.

(9)

Record demolition. If a building is repaired or demolished by the property owner or city under an order of repair or demolition, the building official shall report changes through the monthly report with the county assessor notifying that the building has been repaired or demolished.

(Ord. No. 2016-4250, § 2, 8-9-2016)

The act of procuring a building permit alone without some actions to abate the dangerous conditions and public nuisance following receipt of the notice will not extend the 30 days to repair or demolish the building or structure subject to this dangerous building notification and order by the building official.

(Ord. No. 2016-4250, § 2, 8-9-2016)

The building official shall act as the building commissioner under this article. The building commissioner shall supervise all inspections required by this Code.

(Ord. No. 2016-4250, § 2, 8-9-2016; Ord. No. 2017-4365, § 3, 6-13-2017)

The building and fire prevention code board of adjustments shall serve as the building commission.

(1)

Building commission notified of noncompliance and evidentiary hearing set. If no interested party complies with the declaration of nuisance and order within the time specified therein, or upon failure of any such party to proceed continuously with such work without unnecessary delay, the building commissioner and commission shall be notified and set a full and adequate hearing on the matter, joining all interested parties. Such hearing shall be recorded in accordance with RSMo 536.130, and shall be considered a contested case for purposes of judicial review.

(2)

Written notification to owners and interested parties. The property owner(s) and interested party(ies) shall be notified in person or by certified and regular U.S. mail of such hearing date at least 21 days in advance of such hearing directing the interested parties to appear before the building commission on the date specified in such notice to show cause why the building or structure reported to be a dangerous should not be ordered to be repaired, vacated, and/or demolished in accordance with the statement of particulars set forth in the declaration of nuisance and order.

(3)

Representation by counsel. Any party may be represented by counsel and all parties shall have an opportunity to be heard. The city attorney for Belton shall present evidence of the alleged violations before the building commission.

(4)

Minutes and records at evidentiary hearing. The building commission shall keep minutes of its proceedings, showing the vote of such member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk, and shall be a public record.

(5)

Recordation of testimony. All testimony, objections thereto and rulings thereon shall be taken down by a court reporter employed or contracted by the building commission for that purpose.

(6)

Findings of fact and conclusions at law. After the hearing, if the evidence supports a finding that the building or structure is a dangerous building, the building commission shall issue an order of abatement along with specific findings of fact and conclusions of law, based upon competent and substantial evidence, that shows the building or structure to be a dangerous building and ordering the building or structure to be vacated, demolished and removed, or vacated and repaired. If the evidence does not support a finding that the building or structure is a dangerous building, no order shall be issued.

(7)

Order of abatement. The written order of abatement from the building commission shall be delivered, in person or by certified mail and regular U.S. mail, to each party of the hearing, or the attorney of record. The order shall state a reasonable time, to be no less than 30 days from the date of issuance, within which to comply with the order, and shall further provide that if the work is not substantially completed within the time stated in the order, the city may bring the non-compliant owner back before the building commission or hire a contractor to perform the work necessary to demolish or repair and clean up the property to bring the building or structure into compliance with the order of abatement, with costs levied to the property owner and by a lien placed upon the property. The order may also prescribe fines and/or imprisonment for the breach of the dangerous building order of abatement.

(8)

Cost of city abatement levied against property and owner. If the city performs or contracts for abatement pursuant to subsection (7), the cost of such abatement and other associated costs shall be certified to the city clerk, who shall cause a special tax bill or special assessment against the property owner(s) and property. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten years. The tax bill from its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.

(Ord. No. 2016-4250, § 2, 8-9-2016; Ord. No. 2017-4366, § 3, 6-13-2017)

Any person aggrieved by an action of the building commission may appeal such decision to the Cass County Circuit Court as provided in RSMo ch. 536.

(Ord. No. 2016-4250, § 2, 8-9-2016)

In any case where it reasonably appears that there is an immediate danger to the health, safety, or welfare of any person, the building official may take emergency measures to vacate and repair or demolish a dangerous building or structure. Notification to the owner and any interested parties will be attempted by and in a manner commensurate with the level of emergency determined by the building official. A hearing will be conducted if there is time to hold such a hearing commensurate with the level of emergency determined by the building official. If the city performs or contracts for abatement pursuant to subsection 10-97(7), the cost of such abatement and other associated costs shall be certified to the city clerk, who shall cause a special tax bill or special assessment against the property owner(s) and property. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten years. The tax bill from its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.

(Ord. No. 2016-4250, § 2, 8-9-2016)

(1)

It shall be a violation of this Code for:

a.

Any property owner to fail to comply with any order of either the building official or the building commission.

b.

Any person to occupy any building that has been posted as a dangerous building pursuant to this Code.

c.

Any person to remove or deface any dangerous building notice that has been posted on such building until the repairs, demolition, or removal ordered have been completed and a certificate of occupancy issued pursuant to the provisions of the building code.

d.

Any person to obstruct, impede, or interfere with any officer, employee, contractor, or authorized representative of the city or with any person who owns or holds any estate or interest in any building that has been ordered repaired, vacated, or demolished under the provisions of this Code, when such repair, vacation or demolition is authorized and being conducted on any such building, pursuant to the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this Code.

(2)

The city shall have the right to collect fines and penalties for any violation of this Code and to punish the violation thereof by a fine or imprisonment, or by both fine and imprisonment. Such fine may not exceed $1,000.00; unless the owner of the property is not also a resident of the property, then such fine may not exceed $2,000.00.

(Ord. No. 2016-4250, § 2, 8-9-2016)

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, and if the covered claim payment is in excess of 50 percent of the face value of the policy covering a building or other structure, then the following procedure shall apply:

(1)

The insurer shall withhold from the covered claim payment 25 percent of the covered claim payment, and shall pay that amount 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. If a special tax bill or assessment is issued by the city for the expenses of demolition of such building as a dangerous building, the moneys held by the city shall be applied toward payment of special tax bill or assessment. If there is any excess, it shall be paid by the city to the insured or as the terms of the policy, including any endorsements thereto, provide.

(2)

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 when substantial progress is determined to be made by the community development director or his or her designee, after receipt of such insurance moneys, unless the city has instituted legal proceedings under the provisions of section 10-95. If the city has proceeded under the provisions of section 10-95, all moneys in excess of that necessary to comply with the provisions of section 10-104 for the removal of the building or structure, less salvage value, shall be paid to the insured.

(3)

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 premises safe and secure. In this event, the city shall issue a certificate within 30 days after receipt of proof to permit covered claim payment to the insured without deduction. It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for this subsection.

(4)

No provision of this section shall be construed to make the city a party to any insurance contract.

(Ord. No. 2016-4250, § 2, 8-9-2016)

(a)

There is hereby adopted the International Property Maintenance Code, 2018 edition, published by the International Code Council, as the property maintenance code of the City of Belton, Missouri, 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 as herein provided; providing for the issuance of permits and collection of fees therefor; 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 article, subject only to the amendments and deletions herein.

(b)

The following amendments to and deletions from the International Property Maintenance Code, 2018 edition, are hereby adopted:

Amend Section 101.1 as follows:

Section 101.1 Title. Whenever the word "jurisdiction" is used in the International Property Maintenance Code, adopted hereby, said term shall mean the City of Belton.

Amend Section 102.3 as follows:

Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Fuel Gas Code, International Mechanical Code, the ICC Electrical Code and the International Residential Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code.

103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the schedule of fees and charges located in section 10-52 of the City of Belton Unified Development Code.

Amend Section 201.3 as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Existing Building Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, National Electrical Code or the International Residential Code, those terms shall have the meanings ascribed to them as stated in those codes.

Amend Section 202 as follows:

Section 202 General Definitions. Definitions added.

Accessory structure. A building, the use of which is incidental to that of the main building and which is located on the same lot.

Approved. Approved by the code official.

Blighted. Any structure or premises, which by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors are detrimental to safety, health, and morals.

Board. The board of zoning adjustments (BZA) of the City of Belton, Missouri.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Building official. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.

Bus. A self-propelled motor vehicle designed for or used for the transportation of passengers exceeding any of the following:

1.

25 feet in overall length;

2.

Eight feet in height; or

3.

A gross weight of 3,000 pounds per axle.

City. The City of Belton, Missouri, Cass County.

Cellar. The portion of a building which is partly or completely below grade.

Commercial vehicle. Any tractor, trailer, or any motor vehicle having a combination of more than ten wheels or tires, or any such vehicle or equipment designed, maintained or used primarily for the transportation of property, persons, or goods which is licensed by state authority in excess of 12,000 pounds, or any recreational vehicle as defined by Missouri Revised Statute 301.010.

Condemn. To adjudge unfit for occupancy.

Crawl space. A space provided in a building in order to enable access to plumbing, wiring, and other equipment.

Debris. Discarded waste and/or the remains of something broken down or destroyed.

Driveway. A private road, constructed of materials approved by the city, giving access from a public thoroughfare to a building or buildings on abutting grounds.

Driveway approach. The portion of the driveway that is located within the city right-of-way.

Dumpster. A large container used for storage of refuse and/or debris until next scheduled pickup. Generally used for commercial occupancy, but may be used for temporary residential projects.

Dumpster, temporary. A large container used for the storage of refuse and/or debris for a period of time corresponding to a particular task or project.

Dwelling. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

Enclosed area. Any area, which is inaccessible to the public view.

Exterior screened area. An area separated by a permanent nonflexible device to completely conceal an element of a property from other elements or from adjacent or contiguous property, i.e., fencing constructed so that one cannot see the elements to be concealed.

Extermination. The control and elimination of insects, rats, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol, or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of above-labeled items and by whose lave the manufacture attests to compliance with applicable nationally recognized standards.

Lot line. A line dividing one lot from another, or from a street or any public place.

Motor vehicle. Any passenger vehicle, bus, commercial vehicle, recreational vehicle, pickup truck, van, sport utility vehicle, motorcycle, recreational vehicle, all-terrain vehicle, boat, watercraft, boat trailer, camper, trailer, truck, panel truck, trailer truck, or semitrailer which is propelled or drawn by mechanical power.

Motor vehicle, inoperable. A vehicle which cannot be driven upon the public streets for reason including, but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

Motor vehicle, unlicensed. A motor vehicle, as defined herein, which is required by the state to have proper and current registration for movement upon the public right-of-way that is maintained in an open parking area on private property without displaying a current license from the state.

Parking area. An approved paved area located on the premises of a lot used or intended for the use of maintaining motor vehicles which are used in the daily routine.

Parking area, commercial. An approved paved area, which is connected to the driveway approach and is used or intended for the use of temporary and transient parking of motor vehicles. Any public or private area, under or outside, of a building or structure, designed and used for the parking or motor vehicles including parking lots, garages, and legally designated areas of public streets.

Parking area, residential. An approved paved area, which is connected to the driveway approach and is used or intended for the use of overnight storage of motor vehicles.

Parking pad. An approved paved area located on the premises of a lot used or intended for the use of maintaining motor vehicles which are not used in the daily routine.

Paved area. An area constructed of concrete or asphalt as approved by the city, for the purpose of parking motor vehicles.

Swimming pool. Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.

Trailer. A vehicle without motor power designed or used for, but not limited to, the carrying of property, freight, or merchandise, exceeding any of the following:

(1)

25 feet in overall length;

(2)

Eight feet in height; or

(3)

A gross weight of 3,000 pounds per axle.

Weeds. All grasses, annual plants and vegetation, other than trees or shrubs, provided; however, this term shall not include cultivated flowers and gardens.

Weeds, noxious. Poison ivy, poison oak, poison sumac, and plants containing thistles or other vegetation that may raise lesions upon brief contact by a person with the plant material or secretion from the weed or plant.

Amend Section 302.4 as follows:

Section 302.4 Weeds. See chapter 14, article II, of the Code of Ordinances of the City of Belton, Missouri.

New Section 302.8.1 is added as follows:

Section 302.8.1 Parking on paved area. All motor vehicles shall be parked on a driveway, parking area, or paved area with proper ingress and egress.

Exception: A property that has a pre-existing gravel driveway as long as the driveway is maintained free and clear of grass, weeds and vegetation and properly maintained in a manner that no dust will result from continued use.

New Section 302.8.2 is added as follows:

Section 302.8.2 Commercial vehicle. No person shall park or allow to be parked a commercial vehicle upon any residential lot or premises, improved or unimproved, in the city.

Exceptions:

1.

City-owned and operated vehicles; service vehicles owned by utility companies while in the process of providing services or maintenance; construction vehicles while being used in connection with construction or maintenance authorized by the city.

2.

For the purpose of making delivery or pickup provided such vehicles are not left continuously parked between the hours of 9:00 p.m. and 7:00 a.m. local time.

New Section 302.8.3 is added as follows:

Section 302.8.3 Motor vehicles for sale. Except as provided for herein no one with an ownership interest in a motor vehicle shall park or allow to be parked said motor vehicle on private or public property zoned residential, commercial, or manufacturing within view of a public street for the purpose of selling or advertising for sale, said motor vehicle.

Exceptions:

1.

In residential zoned properties, one motor vehicle shall be allowed to be placed on a paved area for the purpose of selling said motor vehicle. No residential property shall be allowed more than four motor vehicles for sale in a calendar year.

2.

In commercial and manufacturing zoned properties, if a person with an ownership interest in said motor vehicle is an employee of a business within said property and has written permission from the property owner to use the property for the purpose of selling, or has a valid occupational license from the city for the sale of motor vehicles and said occupational license designating the premises involved as the business location.

Whether or not permission has been given to park on the property is an affirmation defense, and the showing of written permission and proof of employment meet the burden of proof.

New Section 302.8.3.1 is added as follows:

Section 302.8.3.1 Prima facie evidence. The fact that a "For Sale" sign, telephone number(s), or other advertising appears on the motor vehicle shall be prima facie evidence that the motor vehicle is parked for the purpose of sale.

For the purpose of this section, if a motor vehicle has remained on commercial or manufacturing zoned properties for a period of more than eight hours, this shall be prima facie evidence that it was not parked for the purpose of using other facilities on the premises. However, other evidence may be used to establish it was not parked primarily for this purpose and it is not necessary that it be parked for a time exceeding eight hours.

New Section 302.8.4 is added as follows:

Section 302.8.4 Motor vehicle encroachment. No motor vehicle shall block or partially block any portion of a city sidewalk, located within the city right-of-way.

New Section 302.8.5 is added as follows:

Section 302.8.5 Recreational vehicles. Recreational vehicles shall not be used for storage of materials, goods or equipment, other than those items considered to be a part of the unit or essential to its immediate use, nor shall they be used as dwelling units while parked in any residential zoning district, and they shall only be connected to an electrical power outlet or water connection for maintenance purposes in any residential zoning district.

Amend Section 304.14 as follows:

Section 304.14 Insect Screens. During the period from April 1 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation area, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception. Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

New Section 308.4.1 is added as follows:

Section 308.4.1 Deposition in streets, streams, etc. No person shall cart, place, sweep, throw or deposit anywhere within the city any rubbish or garbage in any stream, lake, body of water, ravine, or in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, or other public place or upon any occupied premises within the city

New Section 308.4.2 is added as follows:

Section 308.4.2 Refrigerator storage. No refrigerator or similar equipment shall be stored outside the premises for more than 24 hours prior to pick up. All refrigerators or similar equipment must have all doors removed before placing for pick-up.

New Section 308.4.3 is added as follows:

Section 308.4.3 Burning rubbish or garbage prohibited. No person shall burn rubbish or garbage within the city limits.

New Section 308.4.4 is added as follows:

Section 308.4.4 Disposal of contagious disease and inflammable or explosive garbage or rubbish. Removal of wearing apparel, bedding, or other garbage or rubbish from homes or other places where highly infectious or contagious diseases prevail shall be performed under the supervision and direction of the county health office. Such garbage and rubbish shall not be placed in containers used for regular collections or disposal. Highly inflammable or explosive materials shall not be placed in containers for collection, but shall be disposed of as directed by the director of public safety at the expense of the owner or possessor thereof.

New Section 308.4.5 is added as follows:

Section 308.4.5 Storage and screening of containers and dumpsters. All containers shall be stored no closer to the public streets than the front building line; for corner lots all containers shall be stored no closer to the public streets than the front and side building line of the main building of any premises. In either case, no container shall be stored in front of the main building; in addition corner lots shall have no containers stored on the side of the main building adjacent to the street.

Trash, garbage or rubbish shall not be allowed to accumulate and shall be removed from the premises at a frequency no greater than every seven (7) days.

Exception: At 7:00 p.m. the day before scheduled pickup, during which contained rubbish and garbage may be temporarily placed near the public street for the purpose of pickup. Rubbish and garbage must be properly stored no later than 7:00 p.m. the scheduled day of collection.

All rubbish and garbage dumpsters, except those designated as temporary, must be screened by a four-sided enclosure. Three-sides of which will be composed of the same material and color of the main building, with a chainlink or wooden gate for access being the fourth side. Screening inserts that are the color of the main building are required for chain link access gates. Access gates must be kept closed at all time except when filling or emptying the dumpster.

New Section 310 is added as follows:

Section 310 Composting.

310.1 General. No person shall place or allow the accumulation of rubbish on their premises unless used specifically for composting as set forth in this section.

310.2 Definitions. For the purpose of this section, certain terms, words, and phrases are defined as follows:

Compost. A mixture consisting usually of decayed organic matter and used for fertilization and conditioning land, especially, such a mixture produced by decomposition in a compost pile. Compost bin. A structure specifically built to store compost. A compost bin may contain more than one contiguous compartment and may be constructed of a commercially available unit or a structure made of woven wire (such as hog wire, chicken wire, chainlink), wood slat fencing (such as snow fencing), cement blocks, bricks, or similar material.

Compost pile. A stack of alternating layers of organic matter arranged so as to encourage conversion of the constituents into compost.

310.4 Composting permitted. A compost pile shall be permitted when located on a premises used for one and two-family residential purposes and shall comply with the requirements of sections 310.4.1 through 310.4.4.

310.4.1 Location on premises. Compost piles shall be located as follows:

1.

A compost pile shall be located in the rear yard and shall be contained within an approved compost bin. No compost piles are allowed in front or side yards.

2.

A compost pile shall not be located within five feet of any property line and shall be at least 60 feet from the center of a roadway. A compost pile shall be no less than five feet from any other building or structure on the premises.

3.

A compost pile shall be placed in a well-drained area with no standing water.

310.4.2 Compost bin requirements. Only one compost bin is permitted on any residential premises up to one acre. On residential premises more than one acre, no more than two compost bins are permitted. Compost bins shall meet the following requirements.

1.

A compost bin shall be no larger than 600 cubic feet and shall not exceed four feet in height.

2.

A compost bin shall be so constructed as not to allow the material within to be blown from the compost pile by wind.

3.

All compost bins shall have a cover, which consists of wire mesh or similar material.

310.4.3 Maintenance. Compost piles and bins shall be maintained in accordance with the following:

1.

All compost bins shall be maintained in good repair and structurally sound.

2.

No odor emitted from a compost pile shall be detected more than five feet in any direction from such compost pile.

3.

If odors are emitted and detectable greater than five feet in any direction, then action shall be taken by the person maintaining the compost pile to eliminate such odor. Such action may include, but not be limited to:

a.

Adding lime to the compost pile,

b.

Mixing or turning the compost pile more frequently, and/or

c.

Regulating the moisture content of the compost pile.

310.4.4 Contents of compost piles. Compost piles may contain any or all of the following:

1.

Grass clippings;

2.

Leaves;

3.

Dead limbs;

4.

Brush;

5.

Logs;

6.

Wood chips;

7.

Foliage;

8.

Vegetation from gardens;

9.

Shrub cuttings;

10.

Sod;

11.

Soil;

12.

Hay;

13.

Straw;

14.

Weeds; and

15.

Sawdust.

(d)

Violations.

(1)

Unlawful acts. It shall be unlawful for any person, firm or corporation to be in conflict with or in violation of any of the provisions of the property maintenance code adopted in this chapter.

(2)

Violation; penalties. Any person who violates a provision of the property maintenance code adopted in this chapter or fails to comply with any order made thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the board of appeals, or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable as provided in section 14-2 of the Belton Code of Ordinances. The imposition of one penalty for any violation shall not excuse the violation, or permit it to continue; and all such persons shall be required to correct or remedy such violation or defect within a reasonable time; and, when not otherwise specified, each day that a prohibited condition is maintained shall constitute a separate offense.

Amend Section 602.3 as follows:

Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof, shall supply heat during the period from October 1 to April 1 to maintain a temperature of not less than 68 degrees F (20 degrees C) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions:

1.

When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

2.

In areas where the average monthly temperature is above 30 degrees Fahrenheit (-1 degrees Celsius) a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) shall be maintained.

Amend Section 602.4 as follows:

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to April 1 to maintain a temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) during the period the spaces are occupied.

Exceptions:

1.

Processing, storage and operation areas that require cooling or special temperature conditions.

2.

Areas in which persons are primarily engaged in vigorous physical activities.

(Ord. No. 2022-4740, § 2, 9-27-2022)

(a)

The purpose of this article is to protect the general health, safety, and welfare of residents of the city residing in rental and non-owner-occupied dwelling units. The intent of this article is to:

(1)

Promote safe living conditions in residential properties;

(2)

Protect the character and stability of residential neighborhoods;

(3)

Prevent and correct housing conditions which are likely to adversely affect the health, safety, and welfare of residents of rental and non-owner-occupied properties;

(4)

Preserve property and building values throughout the city; and

(5)

Enforce minimum standards in accordance with adopted building, fire, and property maintenance codes for exterior and interior areas of rental and non-owner-occupied dwelling units and properties.

(b)

It is not the intent of the city to intrude upon contractual relationships between occupants/tenants and landlords/owners, or property managers; nor does the city intend to intervene as an advocate for either party, act as an arbiter, or hear complaints from occupants/tenants or landlords/owners, or property managers which are not specifically related to the provisions of this article.

(Ord. No. 2023-4796, § 1 (Exh. A), 8-8-2023; Ord. No. 2023-4810, § 1, 10-10-2023, eff. 7-1-2024; Ord. No. 2024-4850, § 1, 5-14-2024)

Editor's note— Ord. No. 2024-4850, § 1, adopted May 14, 2024, revised the effective date of the Rental Registration and Inspection Program from July 1, 2024 to January 1, 2025. All other provisions remain the same as set out.

(a)

The provisions of this article shall apply to all rental and non-owner-occupied dwelling units as defined in this section.

(b)

The city shall have the authority to exercise its powers under this article including the power to issue, renew, deny, revoke, or suspend a rental registration, as required by this article, for failure to comply with the provisions and processes in this article. The city shall also have the authority to declare a rental or non-owner-occupied dwelling in violation of this article.

(c)

Definitions.

City: The City of Belton, Missouri.

Dwelling: Any building or structure that contains one or more dwelling units designed for or used for human habitation and offered for rent or lease, but not including hotels/motels/lodging establishments, convalescent homes or nursing homes.

Dwelling unit: A building or portion of a building which is exclusively arranged, occupied, or intended to be occupied as living quarters for one family; a separate, independent living quarter consisting of one or more connected rooms with permanently installed bathroom and kitchen facilities.

Enforcement official: The official designated herein or otherwise charged with the responsibilities of administering this article or their authorized representatives. For purposes of this article, the enforcement official shall be the chief building official and/or their designated representatives.

Family member: Member of an immediate family (spouse, domestic partner, child, step-child, parent, step-parent, sibling, grandparent, grandchild, and in-laws of the same).

Landlord/owner: The owner of a dwelling or dwelling unit who, in exchange for rent, leases it to an occupant/tenant.

Local point of contact: An individual responsible for responding to any representative of the city on code violations or for emergency events. A local point of contact shall reside within 30 miles of the registered dwelling or dwelling unit.

Non-owner-occupied: The dwelling is used by the owner as their primary residence for less than six months during the calendar year.

Occupant/tenant: Any person holding a written or oral lease to occupy a dwelling or dwelling unit from a landlord/owner.

Premises: A lot, plot, or parcel of land of any part thereof, including the buildings or structures thereon.

Property manager: A person charged with operating a dwelling or dwelling unit and implementing the City of Belton requirements when the landlord/owner is unable or unavailable to personally attend to such details.

Rental and non-owner-occupied property: Any contiguous real property situated in the city, under one ownership, improved with one or more buildings, each containing one or more dwelling units, which are non-owner-occupied, including premises rented or leased to the residential occupants thereof.

(d)

Exemptions. The following shall be exempt from the registration and inspection requirements of this article.

(1)

Hotels, motels, or other lodging establishments licensed by the State of Missouri and as defined in the Unified Development Code;

(2)

Bed and breakfast;

(3)

Convents, monasteries, parish houses, or rectories;

(4)

Mosques, temples, or synagogues;

(5)

Hospitals, convalescent homes, nursing homes, or assisted living facilities;

(6)

Jails; or

(7)

Dwellings or dwelling units occupied by a family member, as defined in this article.

(Ord. No. 2023-4796, § 1 (Exh. A), 8-8-2023; Ord. No. 2023-4810, § 1, 10-10-2023, eff. 7-1-2024; Ord. No. 2024-4850, § 1, 5-14-2024)

(a)

It shall be unlawful for any landlord/owner or property manager to rent or lease any residential dwelling or dwelling unit without first registering the dwelling or unit with the city and paying the registration fee, as provided in this article.

(b)

An applicant for a rental registration shall submit a completed registration application accompanied by the registration fee in the amount provided in the schedule of fees and charges in appendix A of this Code. All registrations shall include the contact information of a representative able to respond to any representative of the city on code violations or for emergency events. The contact may be a property manager if located within 30 miles of the dwelling or dwelling unit. If neither the owner/landlord nor property manager reside within 30 miles of the dwelling or dwelling unit, a separate local point of contact living within 30 miles of the dwelling or dwelling unit must be provided with the rental registration.

(c)

The initial registration shall be effective upon approval and must be renewed every 12 months for the duration that the dwelling or unit is rented or leased.

(d)

It is the responsibility of the landlord/owner to notify the city, in writing, of any change of information contained in the most recent registration within 30 days of the change.

(e)

If the landlord/owner utilizes a property management company, the property management company is required to obtain a city business license subject to the requirements of chapter 6 of the Code of Ordinances.

(f)

A rental registration is not transferable to a new landlord/owner. When a landlord/owner conveys the title of a dwelling or dwelling unit to a new landlord/owner, the landlord/owner shall notify the city in writing of the name, address, and contact information of the new landlord/owner. If the new landlord/owner will utilize the dwelling or dwelling unit for rent or lease, the new landlord/owner must submit a new rental registration, as required by this section.

(Ord. No. 2023-4810, § 1, 10-10-2023, eff. 7-1-2024; Ord. No. 2024-4850, § 1, 5-14-2024)

(a)

Frequency of inspections.

(1)

A required inspection shall be conducted when there is a change of occupancy between occupants/tenants for all rental and non-owner-occupied dwelling units in the city.

(2)

A voluntary inspection may be requested at any time by a landlord/owner, property manager, or occupant/tenant; however, no more than one inspection may be requested within a one-year period.

(b)

Exceptions to inspection requirements.

(1)

An inspection is not required for dwelling units that are less than three years old based on when a certificate of occupancy was issued for new construction (e.g. an inspection is required when a unit is three years and one day old). This exception only applies to new construction and not remodels or renovations of pre-existing structures.

(c)

Conduct of inspections.

(1)

Inspections will be conducted by the enforcement official upon notification of change of occupancy by the landlord/owner, property manager, or occupant/tenant.

(2)

The following items will be inspected by the enforcement official for compliance with applicable adopted building, fire, and property maintenance codes:

a.

No exposed or open electrical wires; GFC is tested within six feet of a water source;

b.

Smoke detectors and carbon monoxide detectors, as required, are in working order;

c.

Property address numbers are visible on the exterior of the property;

d.

Interior and exterior handrails, guardrails, stairs, and decks are secure;

e.

Plumbing fixtures are maintained in working order;

f.

Safe, continuous, and unobstructed egress between the unit and public right-of-way is provided;

g.

Furnaces and water heaters are properly installed and operational; and

h.

Exterior doors and windows are in proper working order for ingress/egress.

(3)

Any structural conditions or hazards that are deemed by the enforcement official as an immediate threat to the life, health, safety, or welfare to the occupant/tenant may initiate the dangerous buildings and structures process as defined in article III of this chapter.

(d)

Failed inspections.

(1)

If an inspection fails, the landlord/owner, and property manager will be notified of all items that must be corrected to pass reinspection. A reinspection by the enforcement official shall be scheduled prior to occupant/tenant occupancy within 14 calendar days of the failed inspection.

(2)

Failure to correct any violations or schedule a reinspection by the deadline given will result in the issuance of a violation notice upon the landlord/owner, and property manager. The notice shall provide specific code sections in violation and provide a deadline for abating said violations.

(e)

Access for inspections.

(1)

If access is refused onto the property or in the dwelling unit by landlord/owner, landlord, property manager, or occupant/tenant, the city reserves the right to utilize every legal remedy provided by law to secure access, including but not limited to application for an administrative search warrant.

(Ord. No. 2023-4796, § 1 (Exh. A), 8-8-2023; Ord. No. 2023-4810, § 1, 10-10-2023, eff. 7-1-2024; Ord. No. 2024-4850, § 1, 5-14-2024)