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Any certified municipal official, or other certified employee designated by the City Council, shall be responsible for enforcing the Model Construction Codes adopted by this code of ordinances. Said persons may bear such titles as “Building Inspector”, “Gas Inspector”, “Plumbing Inspector”, “Electrical Inspector”, “Zoning Administration Officer” and the like, as may be deemed appropriate to indicate their respective areas of concern, and shall be appointed or designated by the City Council.
1. Every person in charge of an improvement on a locally-designated historic site or in an historic district shall keep in good repair all of the exterior portions of such improvement and all interior portions which, if not so maintained, may cause, or tend to cause, the exterior portions of such improvement to fall into a state of disrepair. This section shall be in addition to all other provisions of law, local ordinance or codes requiring buildings or structures to be well maintained.
2. Insofar as they are applicable to an historic landmark, historic site or improvement in an historic district, any provision of any adopted Model Construction Codes may be varied or waived, on application, by the Municipal Building Inspector; provided, that, such variance or waiver does not endanger public health or safety.
3. Nothing contained in this chapter shall prohibit the construction, reconstruction, alteration, demolition or any improvement on an historic site or in an historic district, pursuant to written order of any federal or state agency or pursuant to any court judgment to remedy conditions determined to be dangerous to life or health. In such case, no approval from the Preservation Commission shall be required.
1. No person shall erect, enlarge, construct, relocate, substantially improve, repair, place, alter, move or demolish any building, structure, mobile, modular or manufactured home, or initiate any other construction, without first obtaining a separate building permit for each such building or structure from the office of the City Clerk-Treasurer. Said permit shall be in addition to, and separate from, all other requirements for zoning clearance permits, occupancy certificates or certificates of appropriateness.
a. All building permits issued for construction, replacement or major (40% or more) repair of any fence (fences, walls or hedges, hereinafter referred to as fences) within the corporate limits of the city, shall comply with applicable zoning and building regulations and with the following requirements.
(1) Any fence in front of the front of the building limit line shall not exceed four feet in height above the average elevation of the property.
(2) No fence outside any side or rear building limit line of any structure may exceed six feet in height above the average elevation of the property.
(3) Where security or privacy requires a fence height in excess of the above, it may be permitted, on review, in accordance with the provisions contained in Chapter 15 in the zoning regulations of this code of this code of ordinances. In no case may the fence be more than eight feet above the elevation of the ground measured at the base of the fence.
(4) Fences, with or without hedge or similar vegetation, shall not cause a sight obstruction for any private driveway.
(5) Fences shall not be closer than 11.5 feet in distance from back of the curb or the edge of the pavement. In no case shall the erection of such fence or wall interfere with existing sidewalk, sight triangle or fire hydrants. This provision does not give a landowner any legal right or property interest to the right-of-way, and the right-of-way by the city or a utility company.
(6) No person shall build, construct, erect or maintain any electrical or barbed wire fence within the city limits; except, when used on any land in excess of two acres to retain large animals. Barbed wire may be used, when strung on extension arms at the top of a fence; provided that such barbed wire be at least six feet from the ground and not extend beyond the property line upon which such fence is situated.
(7) Fences shall be kept in good repair, and in a safe and sanitary condition at all times by the owner.
b. In the event of conflict between the fence height restrictions delineated herein and the justifiable need of the applicant for a permit to construct a fence not in conformity with such height restrictions, the applicant may, after denial of his or her permit to construct said fence, appeal the permit denial to the City Council requesting variance from said height requirement/restrictions.
(1) The appeal must be filed in the office of the City Clerk within ten calendar days after the request for a fence permit has been denied.
(2) If the City Council finds that because of exceptional circumstances the strict application of the fence height requirements contained herein would result in undue hardship, the City Council may authorize a variance from the fence height requirements.
(3) EXCEPTION CIRCUMSTANCES are defined as circumstances due to handicap, disability, infirmity or advanced age of the applicant, or due to the unusual configuration and/or location of the applicant’s property such that excessive light, noise safety or disturbance from a business or businesses or traffic make it unlikely that the applicant can peacefully and/or safely enjoy the use of the applicant’s property.
2. Before any building or structure is demolished, a permit must be obtained from the building official. The permit shall have a fee charged as set in subsection 6. below.
a. The demolition of the building or structure shall commence within seven calendar days and be completed within 30 calendar days after the permit is issued. Up to 30 calendar days additional time to complete the demolition may be granted upon written application to the code official; provided, the entire demolition site must be secured by a substantial fence or other suitable barrier to preclude accidental or causal entry. The work shall meet all requirements of this section.
b. Before demolition of the building or structure is started, all utility service connections will be removed and all storm and sanitary sewers leading from the building or structure shall sealed.
c. All floors, slabs and foundations which are a part of the building or structure being demolished shall be removed to a depth of one foot below existing grade, and the area shall be backfilled with suitable, uncontaminated dirt, concrete or asphalt. Basements of demolished buildings of structures shall also be backfilled to grade level.
d. All debris and rubble of demolished buildings or structures shall be disposed of at an approved dumping site that meets all local codes and State Health Department regulations.
e. Upon completion of demolition and site clearance, the site shall be graded so that it will drain without significant erosion or scour.
f. All demolition, site clearance work and site grading shall be subject to inspection and must be approved by the Building Official.
g. Noncompliance shall be grounds for revocation of the permit by the City Clerk-Treasurer.
3. No human-made change to improved or unimproved real estate located within a designated flood hazard area, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be initiated until a separate building permit has been obtained for each such operation from the office of the City Clerk-Treasurer.
4. No mobile, manufactured or modular home shall be placed on improved or unimproved real estate without first obtaining a separate building permit for each such home from the office of the City Clerk-Treasurer.
5. All applications for building permits shall be signed and in writing, upon an official blank form supplied by the office of the City Clerk-Treasurer or the Municipal Building Inspector, and shall be submitted to either of said officials, along with the required fee.
6. Building permit fees shall be according to the following schedule:
a. | Minimum fee for residential use, structures or additions | $125 |
Minimum fee for commercial use, construction or additions | $150 | |
b. | Fee per square foot for concrete for residential additions, driveways, below- ground storm shelters, in-ground swimming pools. (Flatwork) | $0.10 |
Fee per square foot in addition to minimum fee for concrete for residential foundation construction or additions to existing residential foundations. | $0.25 | |
Fee per square foot in addition to minimum fee for concrete for new commercial construction or additions to existing commercial structures. | $0.35 | |
c. | Base remodel and other improvement permit fee. (Below-ground storm shelters, in-ground swimming pools) | $50 |
d. | Fence permit | $30 |
e. | Carport permit | $50 |
f. | Mobile home permit | $75 |
g. | House moving permit | $100 |
h. | Demolition permit | $50 |
i. | Governmental agencies exempt from fees | |
The payment of fees for permits shall not be required for construction or improvements by or on behalf of the federal, state, county, city or other political subdivision of government. This section shall not be construed as waiving the requirement of obtaining a building permit or obtaining inspections requited by this code. Inspection fees as required by this code and provided in the fee schedule shall be paid by all governmental entities and political subdivisions for new construction except for inspection fees on buildings owned or controlled by the city or any political subdivision thereof; the Mayor or his or her designated representative may waive or modify said inspection fees for building projects by governmental entities and political subdivisions | ||
j. | Effective date of governmental agency’s exemption | |
The effective date for governmental agencies not being required to pay fees for permits for construction or improvements as set forth in subsection 6.j. above shall be January 1, 2019 | ||
7. The office of the City Clerk-Treasurer shall be responsible for the administration of the building permit process; provided, that, building permit application forms may be obtained from, and submitted to, the Municipal Building Inspector.
8. Applications for building permits shall contain all applicable information required on the building permit form, and shall be accompanied by drawings of the proposed work (drawn to scale), showing floor plans, structural details, computations and such additional information as may be required of the applicant by the office of the City Clerk-Treasurer, the Municipal Building Inspector, this code of ordinances or the City Council.
9. Building permits applications for development, location, demolition or alteration within delineated flood hazard areas (as shown on the community’s official flood insurance rate map (FIRM) dated July 20, 2009 which is hereby adopted by reference as if set out fully herein), shall be reviewed by the Municipal Building Inspector to ensure compliance with § 4-150 and that all of the following requirements are met:
a. The involved land is properly zoned for the proposed use;
b. Applicable zoning district provisions (including floodway and floodway fringe district provisions), and any applicable historic preservation provisions, have been met;
c. Legally-dedicated roadway access is available, and proof of such dedication has been provided;
d. Adequate and sanitary provisions have been made for utilities, and fire protection is also adequate;
e. All easements and street right-of-way areas provided in the recorded plat, if any, are not encroached upon; to this end, the builder of any structure located in the city shall, by receipt of the building permit, agree to furnish the purchaser(s) of the structure(s) with a survey of the lot(s) and structure(s) thereon, upon completion of construction, indicating compliance with this requirement; said survey shall be signed by a surveyor licensed in the state;
f. All other floodplain regulations, if applicable, have been met and the required information provided;
g. Applicable historic preservation regulations have been met (Article 4 of this chapter and any appropriate provisions of Chapter 15 of this code of ordinances); and
h. All other required municipal permits and/or licenses have been obtained.
10. Building permit applications for development, location, demolition or alteration within delineated flood hazard areas (as shown on the community’s official flood insurance rate map (FIRM), dated July 20, 2009, which is hereby adopted by reference as if set out fully herein), shall be reviewed by the Municipal Building Inspector to ensure that all of the following requirements are met:
a. All building sites shall be reasonably safe from flooding; if a proposed building site is in a flood-prone area, all new construction and substantial improvement (including the placement of pre-fabricated buildings and mobile homes) shall:
(1) Be designed, modified and/or adequately anchored to prevent flotation, collapse or lateral movement of the structure; all manufactured housing to be placed within Zone A on the community’s flood hazard boundary map (FHBM) shall be anchored by providing over-the-top and frame ties to ground anchors; over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate points, and manufactured homes less than 50 feet long requiring one additional tie per side; frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, and manufactured homes less than 50 feet long requiring four additional ties per side; all components of the anchoring system shall be capable of carrying a force of 4,800 pounds; any additions to the home shall be similarly-anchored;
(2) Be constructed with materials and utility equipment resistant to flood damage;
(3) Be constructed by methods and practices that minimize flood damages; and
(4) Be constructed with electrical, heating, plumbing, ventilation and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding.
b. All new and replacement water supply systems within flood-prone areas shall be designed to minimize or eliminate infiltration of flood waters into the systems.
c. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
d. On-site waste disposal systems within flood-prone areas shall be located to avoid impairment to them, or contamination from them, during flooding.
e. (1) The Municipal Building Inspector shall utilize all available 100-year flood elevation data to review building permit applications, and shall require that all applications for development within a flood-prone area be accompanied by:
(a) The elevation of the lowest habitable floor (including basement) of all new or substantially improved structures; and
(b) A certificate signed by a registered professional engineer or architect, stating that the flood-proofing methods to be utilized are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100-year flood, and indicating the specific elevation to which the structure will be flood-proofed.
(2) New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding shall be provided;
(b) The bottom of all openings shall be no higher than one foot above grade; and
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that, they permit the automatic entry and exit of floodwaters.
f. All new construction or substantial improvement of residential structures within Zone A1-30 on the municipality’s flood insurance rate map (FIRM) shall have the lowest floor, including basement, elevated one foot above the level of the 100-year flood.
g. Within Zone A1-30 on the municipality’s flood insurance rate map (FIRM), all manufactured housing not in a park or subdivision, all new manufactured housing parks and subdivisions, all expansions to existing manufactured housing parks and subdivisions and all repairs, reconstruction or improvement of streets, utilities and/or pads in existing manufactured housing parks or subdivisions, shall be located, developed, expanded or improved according to the following criteria:
(1) All manufactured housing shall be placed, or be capable of being placed, on compacted fill or on pilings, so that the lowest floor of the home will be one foot above the level of the 100-year flood;
(2) All lots shall have adequate provisions for surface drainage and access; and
(3) All manufactured housing to be elevated on pilings shall:
(a) Be placed on lots large enough to permit steps;
(b) Provide for piling foundations to be placed in stable or stabilized soils, no more than ten feet apart; and
(c) Provide for reinforcement of piers more than six feet above ground level.
h. All new construction or substantial improvement of residential structures located within any AO (Area of Shallow Flooding) Zone, as shown on the municipality’s flood insurance rate map (FIRM), shall have the lowest floor, including basement, elevated above the highest adjacent grade or the crown of the nearest street, one foot above the depth number specified for the area on the municipality’s flood insurance rate map (FIRM). Within Zone AH or AO, adequate drainage paths around structures on slopes shall be required.
i. All new construction or substantial improvement of nonresidential structures within Zone A1-30 on the municipality’s flood insurance rate map (FIRM) shall:
(1) Have the lowest floor, including basement, elevated one foot above the level of the 100-year flood; or
(2) Be designed, together with attendant utility and sanitary facilities, so that, below the level of the 100-year flood, the structure is water-tight, with walls substantially impermeable to the passage of water, and contains structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
j. All new construction or substantial improvement of nonresidential structures within any AO (Area of Shallow Flooding) Zone on the municipality’s flood insurance rate map (FIRM) shall:
(1) Have the lowest floor, including basement, elevated above the highest adjacent grade or the crown of the nearest street, one foot above the depth number specified on the municipality’s flood insurance rate map (FIRM); or
(2) Be completely flood-proofed, along with attendant utility and sanitary facilities, to one foot above the depth number specified on the municipality’s flood insurance rate map (FIRM), so that any space below the level is water-tight, with walls substantially impermeable to the passage of water, and contains structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
(3) Be required to include, within Zones AH or AO, adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
k. The requirements of this chapter shall also be in effect for building permit applications for development located within any A99 Zones on the municipality’s flood insurance rate map (FIRM).
l. Floodways, as designated on the municipality’s official flood hazard boundary map (FHBM), are hazardous areas due to:
(1) The velocity of flood waters which carry debris and potentially damaging projectiles; and
(2) The creation of severe erosion problems; the following provisions apply within designated floodway areas:
(a) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments, unless certification by a professional registered engineer or architect is provided, demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
(b) If the provisions of subsection 10.l.(2)(a) above are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this code of ordinances.
11. The Municipal Building Inspector shall have the following additional responsibilities in the review of building permit applications for development, location, demolition or alteration within a delineated flood hazard area.
a. Building permit applications shall be reviewed to ensure that all necessary governmental agency permits required by state or federal law have been obtained.
b. In the case of building permit applications for alteration or relocation of a watercourse, the Municipal Building Inspector shall:
(1) Notify adjacent communities and the state flood insurance coordinating office prior to such work (and submit copies of such notification to the Federal Flood Insurance Administrator); and
(2) Obtain written assurances from the building permit applicant that the flood-carrying capacity within the altered or relocated portion of the watercourse will be maintained.
c. For the purpose of determining future flood insurance risk premium rates, the Municipal Building Inspector shall maintain records of:
(1) The elevation of the lowest habitable floor of all new or substantially-improved structures; and
(2) Flood-proofing certificates (including the specific elevation to which the structures are flood-proofed).
d. When a regulatory floodway has not been designated, the Municipal Building Inspector must require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
e. The Municipal Building Inspector shall utilize the full range of the community’s floodplain management regulations in this review, including:
(3) Section 15-36 et seq. (Chapter 15; zoning ordinance);
(4) Section 15-37 et seq. (Chapter 15; subdivision regulations); and
(5) All other floodplain management policy resolutions, plans and data references available for this use.
12. Issuance of a building permit for development within an identified flood hazard area shall not create liability on the part of any municipal official for any flood damages resulting from reliance upon the provisions of this section, or any administrative decision lawfully made thereunder.
13. If the Municipal Building Inspector is satisfied that the proposed work described in the application and attached materials conform to the requirements of the adopted zoning ordinance, Building Code and other regulations and requirements, the issuance of the building permit shall be authorized by signing the application and forwarding it to the office of the City Clerk-Treasurer, who shall return a copy to the applicant.
14. If the application or attached materials do not conform to pertinent municipal regulations, the Municipal Building Inspector shall not approve said application, but shall return the application to the City Clerk-Treasurer, along with written reason(s) for disapproval. The City Clerk-Treasurer shall return the application, with written reason(s) attached, to the applicant. The applicant may subsequently amend the application, if possible, and re-submit it, or initiate other action to correct the deficiencies.
15. The Municipal Building Inspector and the office of the City Clerk-Treasurer shall complete all required review processes in an efficient and effective manner, without unreasonable or unnecessary delay.
16. A building permit, once approved and issued, shall be construed as authorization to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any municipal regulations, nor shall such issuance prevent the Municipal Building Inspector from thereafter requiring a correction of errors in plans, construction or a violation of this code of ordinances.
17. If the work allowed under an issued building permit has not been initiated within the time period as outlined below, such permit shall become null and void, unless a request for an extension is submitted to, and approved by the City Council. If said permit becomes null and void, a new permit must be obtained and the regular fee incident thereto collected, in order for the work to be initiated or resumed.
a. If the work described in any building permit for new construction has not begun within 90 days from the date of issuance thereof, the permit shall be canceled by the Building Official and written notice thereof shall be given to the persons affected.
b. If the work described in any building permit for new construction has not been completed within one year of the date of issuance thereof, the permit shall expire and be canceled by the Building Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
c. If the work described in any building permit for remodeling or alteration of existing structures has not begun within 30 days from the date of issuance thereof, the permit shall be canceled by the Building Official and written notice thereof shall be given to the persons affected. This provision shall also be applicable to the construction of fences, carports, patio covers and accessory buildings.
d. If the work described in any building permit for remodeling or alteration of existing structures has not been completed within 180 days of the date of issuance thereof, the permit shall expire and be canceled by the Building Official; and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. This provision shall also be applicable to the construction of fences, carports patio covers and accessory buildings.
18. The Municipal Building Inspector shall keep a permanent and accurate accounting of all building permits, and shall transmit copies of each permit issued to the Chairperson of the Municipal Planning Commission, for information purposes. The City Clerk-Treasurer shall keep a permanent and accurate record of all building permit fee payments.
19. The City Clerk-Treasurer may revoke a building permit in case there has been any false statement or misrepresentation as to a material fact in the application or attached materials on which the building permit approval was based.
20. Building permits shall be conspicuously displayed on the project or site, in a manner visible from the street.
21. The City Clerk-Treasurer and the Municipal Building Inspector shall monitor municipal utility hook-up requests and shall not allow municipal utilities to be turned on to any unit, structure or project for which a building permit has not been issued.
22. Appeals from any aggrieved person concerning a decision of the City Clerk-Treasurer relative to the granting of building permits shall be taken to the City Council, who shall act as the Permit Board of Appeals for the city.
23. No building permit shall be issued on any portion of a plat on which all subdivision improvements have not been completed and accepted for dedication by the City Council. No municipal utility service shall be furnished to such lot until all subdivision improvements have been completed and accepted for dedication. No utilities either private or city owned shall be connected for residential or commercial occupancy until the sewer line has meet the required deflection test and said sewer line has been accepted and approved by the City Council.
(Ord. 16-01, passed 6-13-2016; Ord. 19-02, passed 3-11-2019; Ord. 2023-07, passed 8-14-2023; Ord. 2024-05, passed 2-12-2024)
1. Electrical work on new buildings or re-modeling work shall require that the office of the City Clerk-Treasurer issue a permit for said work, consistent with the requirements of the city’s adopted Electrical Code; said permit shall be issued upon application, but signed/approved only when the Municipal Electrical Inspector has completed an inspection of said work.
2. The fees for said inspections shall be as follows:
Building inspection fee | $50 |
Building preplan inspection fee | $50 |
Electrical inspection fee | $50 |
Mechanical inspection fee | $50 |
Plumbing inspection fee | $50 |
Re-inspection fee | $50 |
(Ord. 14-05, passed 6-9-2014; Ord. 2019-03, passed 7-8-2019)
1. Before any person shall move any house, building or heavy structure (but not including a mobile or manufactured home) on or over any non-federal or non-state roadway within or through the city, it shall first be necessary to obtain a house moving permit to do so from the office of the City Clerk-Treasurer; said permit shall first be approved by the Mayor or Acting Mayor.
2. The fee for a permit to move such house or structure shall be $50. In the event it is necessary to move utility lines, poles, signs or other structures to facilitate the move, the cost therefor will be paid by the applicant, in addition to the normal fee.
3. No permit shall be issued to any person to move a house or structure unless the person will indemnify the owners of any property (public or private, including pavement, curbs and the like) for any damage thereto resulting from the moving of any house or structure by him or her or his or her agents or employees, and hold the city harmless from liability for any such damages.
4. It shall be the duty of a municipal official to approve or determine the route that may be used and the potential for damages, if any, to any property; such rules and regulations as are necessary to promote an effective move and the protection of persons and property. The mover shall erect all necessary danger signals during the operation of moving.
5. Any person moving any house or any other structure on or over any street or alley, shall be liable (personally and upon bond) for any damage to trees, public property, persons or any matter whatsoever resulting from such moving. This shall not be construed to authorize any person to cut or trim any trees, or commit any injury to any public or private property which cannot be immediately restored to its former condition; no permit shall authorize any moving under any conditions which will promote such damage.
1. Any public utility contractor, firm or other person desiring to bore or cut into, or in any manner cross, any public street, alley, sidewalk or public ground of any sort, whether paved, graveled, bricked, blacktopped or not for any purpose whatever, shall first obtain a pavement cutting permit from the City Clerk-Treasurer to cross or open such street, alley, sidewalk or ground. (Exception to this requirement will be made only when a bona fide emergency exists. In such case, the Municipal Building Inspector or the Mayor shall be notified at the earliest practical time.)
2. On all-weather streets or alleys with bituminous or concrete surface, boring will be required without exception; cutting or ditching will be allowed on all streets or alleys with dirt or gravel surface. If for any reason these requirements cannot be complied with, cutting of a street will be allowed, but shall require the street surface to be replaced with a minimum of six inches of concrete, 24 inches wider than the cut or the ditch.
3. When any street, alley, sidewalk or public ground has been crossed for the purposes of laying gas, water or sewage pipe, or for any other purpose, the surface will be restored with similar material and workmanship to that existing in the street, alley, sidewalk or public ground before the same was torn up; all work shall be completed and re-filled to the satisfaction of the Municipal Building Inspector, or a representative, and approval issued as previously stated.
4. Materials used to backfill any opening in a street or alley shall be placed in lifts not to exceed ten inches, and each lift shall be tamped either mechanically or by hand to 95% compaction. Six inches of crushed aggregate base material shall be used to fill to the existing surface on all streets and alleys. Openings in concrete surfaces shall be filled with base material to within four inches of the bottom of the slab. The remaining four inches of the opening shall be filled with sand to the bottom of the concrete slab to be replaced. On major streets, the thickness of crushed aggregate base material required may vary.
5. In all cases where the surface of the street, alley, sidewalk or public ground is disturbed, the party so cutting into the opening shall place lights at night and maintain suitable barricades at all times to protect persons from danger.
6. Should any person, firm, corporation, contractor or franchise holder with the city fail to comply, said party shall be summoned before the City Council for removal of his or her license or franchise. Any person not licensed with the city who fails to comply, shall be fined and required to pay costs of repair plus labor.
7. The fee for such permits shall be:
Excavation in brick, asphalt or oil mat pavement or surface | $20 (minimum) plus $10 per square yard |
Excavation in concrete pavement or surface | $30 (minimum) plus $15 per square yard |
Excavation in untreated or unimproved street or surface | $5 (minimum) plus $1 per square yard |
Modification or removal of curb or curbing | $10 |
1. Oil and gas companies, and other persons, firms and corporations not operating pursuant to a franchise granted by the municipality or not operating pursuant to a license or permit granted by the State Corporation Commission, shall secure a permit from the office of the City Clerk-Treasurer before placing, installing, laying, constructing, operating or maintaining any pipe, cable, wire, conduit or line across, over, under, along, through or upon any street, alley, public way or public place within the corporate limits of the city; said permit shall first be approved by the Mayor or Acting Mayor.
2. The application for the permit shall specify:
a. The location of the pipe, cable, wire conduit or line; and
b. The privileges and proposed terms which the applicant desires to secure from the city and to exercise.
3. If the permit is granted, the Mayor or Acting Mayor will grant it on written terms which are mutually agreeable. The Mayor or Acting Mayor may revoke said permit after adequate opportunity for a public hearing, for any of the following reasons:
a. Failure to abide by the terms on which the permit was granted;
b. Violation of state law or municipal ordinances; or
c. Failure to provide for the protection of the public peace, health, safety or welfare.
4. The applicant shall pay such fees for such permit and for its periodic renewal, as the City Council may establish by motion.
5. The Mayor or Acting Mayor may refuse to renew a permit.
6. The City Council may require an applicant to provide a bond for the protection of the city and/or the public in such sum and with such terms as said City Council deems desirable. When the City Council requires such a bond, a permit shall have no force or effect unless the required bond is also in affect.
1. A demolition permit shall be required, in addition to the regular building permit, prior to the demolition of any building or part thereof. The fee for a demolition permit shall be $50.
2. Application for permits to wreck or demolish any building or part thereof, shall be accompanied by a statement in writing by the owner or agent, giving the full name and residence of each of the owners of the building to be demolished, the name and address of the person who is to do the work and any other information which may be required.
3. In no case shall any wall be taken down more than one story in advance of any other wall.
4. All material and debris shall be immediately lowered to the ground and shall not be placed on the floors of the building.
It shall be unlawful for any person, firm or corporation to manufacture, fabricate, assemble, install or repair any system, container, apparatus or appliance to be used for the transportation, storage, dispensation or utilization of liquefied petroleum gas, or to transport, handle or store such gas, unless such person has complied and complies with, all provisions of the state law and local ordinances relating thereto, and has any permit which may be required by state law. No storage of liquefied petroleum gas, except by retail customers, in reasonable amounts, strictly intended for their own use, shall be permitted within the corporate limits of the city.
The purpose of this article is designed as follows:
1. To provide for the appropriate use and location of signs in a manner that will not adversely affect or impact property values, compatibility of land use, community appearance and identity, and to otherwise promote the general welfare and public safety of the city.
2. To establish standards and guidelines for the design, erection, and installation of signs.
3. To provide for the issuance, revocation, inspection of signs within the city.
(Ord. 2024-04, passed 4-9-2024)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SIGNS. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business.
(Ord. 2024-04, passed 4-9-2024)
1. All permanent/commercial signs, which are permitted under this article, or any future amendments thereto shall be installed by licensed sign contractors in accord with the locations and plans approved at the time of application for a sign permit.
2. Applications for sign permits must include but are not limited to the following information:
a. Proof of ownership or written permission of the owner of the lot upon which the proposed sign will be constructed.
b. A detailed site plan of the property showing the proposed sign location and all structures and easements and driveways.
c. The proposed dimensions of the sign and a description of the method of supporting the sign.
d. The name and business address of the licensed sign contractor and the licensed electrical contractor or licensed electrical sign contractor if the sign is electrically powered.
e. The name and contact information of the sign owner.
f. Type of sign requested: ground/wall/projecting etc., permanent or temporary illuminated or not illuminated.
g. Sign permit fees are as per the fee schedule approved by the City Council.
3. Included in the permit fee is an inspection that is required by the city. It is the responsibility of the owner/erector of the sign to contact the City Clerk’s office for an inspection upon completion of the installation.
(Ord. 2024-04, passed 4-9-2024)
1. Signs erected in violation of the city’s building, electrical or sign codes, or other applicable local regulations established in Chapter 18, Article 5, § 86.
2. Other “no sign zones” include:
a. Any telephone pole, electrical pole, lamp post, street sign established in Chapter 13, Article 5, § 75.
b. No signage shall be placed or maintained on public right of ways or easements. Signs are not to be located in any public park or city owned property.
c. Signs are also not allowed in sight triangles at intersections. Signs in these areas are subject to removal by city staff without notice to the property owner because they can obstruct the vision of the traveling public or interfere with pedestrian movements.
(Ord. 2024-04, passed 4-9-2024)
1. Garage sale signs shall be labeled with the time and date of the sale. If the time and date is not listed on the sign it shall be at the discretion of the city officials to remove said signs.
2. Any garage sale signs not picked up the operator of the garage sale with 24 hours of the date and time listed on the advertisement will be considered a public nuisance and the City Clerk’s office will follow the procedure established in Chapter 12, Article 1, § 5.
(Ord. 2024-04, passed 4-9-2024)
1. No political sign shall be erected more than 45 days prior to any election, nor shall be permitted to remain on any property more than seven days following an election.
2. No political signs shall be permitted on public property, they shall be permitted on private property only with the consent of the property owner. The property owner shall be responsible for removing the political seven days after the election.
3. Political signs not removed after seven days will be considered a public nuisance and the City Clerk’s office will follow the procedure established in Chapter 12, Article 1, § 5.
(Ord. 2024-04, passed 4-9-2024)
§§ 4-46 through 4-99 RESERVED FOR FUTURE USES.
1. This article is designed to allow for the designation, and subsequent protection of, properties which have been determined to be architecturally, archaeologically, culturally or historically significant to the city and to allow interested parties the opportunity to arrange for the preservation of such properties.
2. The purposes of this article are to:
a. Promote the designation of historic properties and landmarks and the creation of historic districts for the educational, cultural, economic and general welfare of the public;
b. Safeguard the cultural and architectural heritage of the city;
c. Preserve and enhance the environmental quality of neighborhoods;
d. Strengthen the city’s economic base through stimulation of structural and district conservation, re-use and revitalization;
e. Stabilize and preserve property values; and
f. Promote harmonious, orderly and efficient growth and development of the community, through the integration of the preservation and comprehensive planning processes within the city.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOWNTOWN BUSINESS DISTRICT/HISTORIC. Located as adopted and described in the City of Cache zoning ordinance.
HISTORIC LANDMARK. An individual structure or property that has been designated as such through approved means by City Council, state or federal authority.
LAWFUL ACTIVITY. That for which the structure was built or intended to be used. No building shall be used primarily for storage of personal or business items.
OWNER. Any person, agent, firm, partnership or corporation having a legal interest in the property.
SECURED. All accessible means of ingress and egress to the vacant structure, including, but not limited to, all exterior doorways and windows being locked so as to prevent unauthorized entry.
STRUCTURE. That which is built or constructed.
TEMPORARILY SECURED. All accessible means of ingress and egress to the vacant structure, including, but not limited to, all exterior doorways and windows are covered with plywood (or other appropriate material) that has been nailed or bolted in place so as to prevent unauthorized entry.
(Ord. 2019-05, passed 7-8-2019)
1. This article shall apply to all vacant structures, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses and which are within the Downtown Business District/Historical and all vacant designated historic landmarks.
2. The City Mayor or his or her designees may consider provided evidence that the property is listed for sale or lease for fair market value and for a reasonable length of time for purposes of extending the length of time before the property must be registered.
3. Upon the issuance of notice by the city to register a vacant property, and prior to the issuance of a certificate of registration for any vacant building, the owner shall register with the city enforcement and provide the following information:
a. The address and legal description of the property;
b. The current name, physical address, mailing address, telephone number and e-mail information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent;
c. The contact information for a local manager of the properties and/or improvements located on said property, as applicable;
d. Proof of insurance of the building, which the owner shall procure and keep in full force and effect at all times during the registration term, for commercial general liability and property insurance coverage, with minimum combined bodily injury (including death) and property damage limits of not less than $1,000,000 for each occurrence and $2,000,000 annual aggregate;
e. A written comprehensive plan of action detailing a timeline for correcting violations, rehabilitation and maintenance while vacant, and future use(s) of the structure. Said plan of actions must be updated every six months;
f. A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event;
g. Written notice to the city, including a copy of the deed, of a change in:
(1) Ownership of the property;
(2) Contact information for the owner of the designated manager. Written notice must be provided to the city no later than 30 days after said changes have occurred; and
(3) Continued annual registration of the property by the vacant structure property owner until said structure is deemed occupied and in compliance with all relevant code requirements by the city.
(Ord. 2019-05, passed 7-8-2019)
Vacant structure property owners shall tender an annual registration and inspection fee of $500 for each vacant property after the initial partial year of registration, for which no fee shall be due. Subsequent annual registration fees shall increase by $500 per year of registration, and shall be due and postmarked no later than January 31 of each year with proceeds to go to business district maintenance.
(Ord. 2019-05, passed 7-8-2019)
1. Vacant structure property owners must designate a local manager for said properties and include a relevant contact information for the designated manager upon registering the property with the city. The property manager shall serve as agent for the property owner for purposes of accepting legal service; however, the vacant property owner remains personally liable in criminal prosecutions for code violations.
2. The property manager or agent must be available at the number listed at all times in the event of an emergency or catastrophe.
(Ord. 2019-05, passed 7-8-2019)
The standard of care, subject to approval by the City Mayor or his or her designee, shall include, but is not limited to:
1. Window, skylight and door. Every window, storefront, skylight and exterior door part, including, but not limited to, the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with appropriately sized doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, exterior attic access, windows or exterior hatchways shall tightly secure the opening. Windows and doors shall not be secured by plywood or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the City Mayor or his or her designee;
2. Structure. All structural members and foundation shall be maintained free from deterioration, and all be capable of safely supporting the imposed loads;
3. Exterior walls. All exterior walls shall be kept in good condition and shall be free from holes, breaks, and loose or rotting materials. Exterior walls shall be maintained weather-proof and properly surface-coated where necessary to prevent deterioration;
4. Roof and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent accumulation, dampness or deterioration. Roof drains, gutters and downspouts shall be maintained in good repair, and operational;
5. Interior and exterior areas. The property must be dept free of junk, trash, debris and combustible materials;
6. Vegetation and landscaping. Shall be maintained in good and healthy condition;
7. Premises identification. The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals and/or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of one-half inch;
8. Overhang extensions and awnings. Overhand extensions including, but not limited to, canopies, marquees, signs, awnings and fire escapes shall be maintained in good repair and be properly anchored and supported as to be kept in a sound and safe condition;
9. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with property anchorage, and capable of supporting the imposed loads;
10. Handrails and guards. Every exterior handrail and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition;
11. Protective treatment. Exterior surfaces, including, but not limited to, doors, door and window frames, porches, balconies, decks and fences, shall be maintained in good condition, weather-tight and in such condition so as to prevent the entry of rodents and other pests. All exposed surfaces subject to rust or corrosion, other than decay-resistant woods or surfaces designed for stabilization by oxidation, shall be protected from the elements and against decay or rust by periodic application of weather costing materials such as paint or similar surface treatment. All siding, cladding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather-resistant and water-tight; and
12. Repairs. All repairs shall be subject to approval by the city. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules.
(Ord. 2019-05, passed 7-8-2019)
1. All fee waivers must be applied for on an annual basis, and are subject to approval by the City Mayor or his or her designee.
2. A fee waiver is valid for no more than 12 months, and may be issued for a shorter period of time.
a. Property which has been devastated by a catastrophe such as fire or flood, the owner has 30 days to register from the date of the disaster but may be exempt from the fees. This exemption is for the duration of one year from the date of the catastrophe; thereafter all applicable fees are due.
b. A property owner who is indigent must register and is otherwise subject to this article but may be exempt from the fees.
c. Representatives of a property owner who is deceased or is no longer legally competent must register the property and are otherwise subject to this article, but may be exempt from the registration fees. If representatives of the property owner cannot be identified and provisions of this article are required to be carried out by the city to protect the property, then the city reserves the right to make corrections and charge the cost to the owner(s) by filing appropriate liens with the County Clerk.
d. Where the owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this article but may be exempt from the registration fees.
(Ord. 2019-05, passed 7-8-2019)
1. Written notice of violation will precede the issuance of a citation, in which the vacant property owner will be given 30 days, as determined by the City Mayor or his or her designee, to remedy the violation. Written notice shall be issued to the vacant structure property owner by means of personal service, or by first class mail to his or her last known address according to the county appraisal district records, and by posting on the property.
2. Failure to register with the city after written notice to the vacant structure property owner, as is hereinafter specified, is a violation of this article.
3. Any person, firm or corporation found guilty of violating any of the provisions of this article shall be deemed guilty of a misdemeanor of an ordinance affecting the public health and safety, and upon conviction shall be subject to a fine in accordance with the general provisions of this code of ordinances.
4. Administrative, civil and criminal enforcement are alternative remedies which may be sought independently of each other.
(Ord. 2019-05, passed 7-8-2019)
The legislature of the state has, in 82 O.S. §§ 1601 through 1618 as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses. Therefore, the city ordains the following, to be effective on and after July 20, 2009.
1. The flood hazard areas of the city are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extra ordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage.
It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
7. Ensure that potential buyers are notified that property is in a flood area.
In order to accomplish its purposes, this article uses the following methods:
1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels and natural protective barriers, which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters of which may increase flood hazards to other lands.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application.
ACCESSORY STRUCTURE. A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Examples of ACCESSORY STRUCTURES include, but are not limited to, garages and storage sheds.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within the city subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any giving year.
BASE FLOOD ELEVATION. The elevation in feet above mean sea level of the base flood or 1% chance flood.
BASEMENT. Any area of the building having its floor sub-grade (below ground level) on all sides.
BFE. Base flood elevation.
C.F.R. The Code of Federal Regulations.
CRITICAL FEATURE. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT. Any human-made change in improved and unproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DEVELOPMENT PERMIT. A permit issued by the City Floodplain Administrator which authorizes development in a special flood hazard area in accordance with this article.
ELEVATED BUILDING. A non-basement building built, in the case of building in Zones AE, A and X to have the top of elevated floor adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the case of Zones AE, A and X, ELEVATED BUILDING also includes a building elevated by means of fill or solid foundation perimeter walls with opening sufficient to facilitate the unimpeded movement of flood waters.
EXISTING CONSTRUCTION. For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the city.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA. The Federal Emergency Management Agency.
FIRM. The flood insurance rate map.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters, or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP. An official map of Comanche County on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the Comanche County.
FLOOD INSURANCE STUDY. The official report provided by FEMA for Comanche County which contains flood profiles, water surface elevation of the base flood, as well as the floodway width, section area and mean velocity.
FLOODPLAIN ADMINISTRATOR. A person accredited by the OWRB and designated by the City Council to administer and implement laws, ordinances and regulations relating to the management of floodplains.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. See definition of FLOOD.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS. Zoning codes and ordinances, subdivision regulations, building codes, health regulations, special purpose regulations and ordinances (such as floodplain, grading and erosion control regulations and ordinances) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM. Those physical structural works for which funds have been authorized, appropriated, ad expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within the city subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. A FLOODWAY is located within areas of special flood hazard established in § 4-156. A FLOODWAY is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles.
FUNCTIONALLY DEPENDENT USE. A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
d. Individually listed on a locale inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
LEVEE. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of 44 C.F.R. § 60.3
MANUFACTURED HOME. A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEANS SEA LEVEL. For purposes of the national flood insurance program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on the city’s flood insurance rate map as referenced.
NEW CONSTRUCTION. For the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION mean structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the City Council and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to fixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the City Council.
OWRB. The Oklahoma Water Resources Board.
RECREATIONAL VEHICLE. A vehicle which is:
a. Built on a single chassis;
b. Four hundred square feet or less when measured at the largest horizontal projections;
c. Designed to be self-propelled or permanently towable by a light duty truck; and
d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
START OF CONSTRUCTION. For other than new construction or substantial improvements under Coastal Barrier Resources Act (being 16 U.S.C. §§ 3501 et seq.), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The ACTUAL START means either the first placement of permanent construction of a structure on a site, such as the pouring slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparations, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the ACTUAL START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before start of construction of the improvement. This includes structures that have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or
b. Any alteration of a historic structure provided that the alteration would not preclude the structure’s continued designation as a historic structure.
VARIANCE. A grant of relief by the City Council to a person from the terms of this article when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or development in a manner otherwise prohibited by this article. (For full requirements, see 44 C.F.R. § 60.6.)
VIOLATION. The failure of a structure or other development to be fully compliant with this city flood damage prevention article.
WATER SURFACE ELEVATION. The height, in relation to the North American Vertical Datum (DAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, “The Flood Insurance Study for Comanche County, Oklahoma and Incorporated Areas” dated July 20, 2009, with the accompanying flood insurance rate map (FIRM) are hereby adopted by reference and declared to be a part of this article. This article shall go into effect on July 20, 2009.
This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the most stringent restrictions shall prevail.
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by human-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted with such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
The City Council designates the Code Enforcement Officer as Floodplain Administrator to administer and implement the provisions of this article and other appropriate sections of national flood insurance program regulations in C.F.R. Title 44 pertaining to the floodplain management (being 44 C.F.R. part 60 - Criteria for Land Management and Use).
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
1. Become accredited by the OWRB in accordance with 82 O.S. §§ 1601 through 1620.1, as amended;
2. Review permit applications to determine whether the proposed building sites, including the placement of manufactured homes, will be reasonable safe from flooding;
3. Review, approve or deny all applications for development permits required by this article;
4. Review proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval are required;
5. Make the necessary interpretation where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions);
6. Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the FEMA;
7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
8. When base flood elevation data contemplated by § 4-156 has not been provided by FEMA, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from any federal, state or other source, in order to administer the provisions of this article;
9. When a floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zone AE as delineated on the county FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the city;
10. After a disaster or other type of damage occurrence to structures in the city, determine if the residential and nonresidential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement;
11. Maintain a record of all actions involving an appeal from a decision of the City Council; and
12. Maintain and hold open for public inspection all records pertaining to the provisions of this article.
1. An application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required.
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and
b. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
2. Approval or denial of a development permit by the Floodplain Administrator shall be based on all the provisions of this article and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency vehicles;
f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
g. The expected heights velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
h. The necessity to the facility of waterfront location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
j. The relationship of the proposed use to the comprehensive plan for that area.
1. General provisions.
a. The City Council may grant variances for uses which do not satisfy the requirements of the State Floodplain Management Act, being O.S. Chapter 23, Title 82, or this article, if the applicant for the variance presents adequate proof that compliance with this article will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people and satisfies the pertinent provisions of this section; provided, however, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonable creates flooding hazards.
b. Any variance so granted shall not be construed as to relieve any person who receives it from any liability imposed by the State Floodplain Management Act, being O.S. Chapter 23, Title 82, or by other laws of the state.
c. In no case shall variances be effective for a period longer than 20 years.
d. Any person seeking a variance shall file a petition with the City Council, accompanied by a filing fee of $25.
e. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acres or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in § 4-156 and provisions of this section have been fully considered. As the lot size increases beyond the one-half acres, the technical justification required for issuing the variance increases.
f. Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the Chairperson of the City Council which states that the cost of flood insurance will be commensurate with the increased risk resulting from permitting the structure to be built lower than the base flood elevation, and such construction below base flood level increases risks to life and property.
g. At such time as the City Council deems the petition ready for notification to the public, the City Council shall schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in the county at least 30 days prior to the hearing.
h. The City Council shall conduct the hearing and make determinations in accordance with the applicable provisions of this section. The City Council shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted.
i. Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws, regulations or ordinances; and
(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
j. Upon consideration of the factors stated in this section and the intent of this article, the City Council may attach such conditions to the granting of a variance as it deems necessary to further the purposes and objectives stated in § 4-152.
k. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance; and a copy of any variance issued by the City Council shall be sent by the Floodplain Administrator to the OWRB and FEMA within 15 days after issuance of the variance.
2. Special provisions.
a. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this article.
b. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
c. Variances may be issued for the repair or rehabilitation of historic structures upon determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
d. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use probed that:
(1) The criteria of subsections 1.e.; 1.i.; 2.b.; and 2.c. above are met; and
(2) The structure of other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
1. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are design and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and
7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
In all areas of special flood hazards where base flood elevations have been provided or are otherwise determined as set forth in §§ 4-156, 4-163 subsection 8. or 4-164 subsection 1., the following provisions are required.
1. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated at least one foot above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection 1. is satisfied.
2. Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor (including basement) elevated at least one foot above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection 2. is satisfied.
3. Enclosures. New construction and substantial improvements, with full enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net are of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
4. Manufactured homes.
a. Require that all manufactured homes to be placed within Zone A on the county FIRM shall be installed using methods and practices that minimize flood damage and have the bottom of the I-beam elevated at least 36 inches above grade or at least at or above the base flood elevation. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. The home shall be installed by a licensed installer according to state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
b. (1) Require that manufactured homes that are placed or substantially improved within Zone AE on the county FIRM on sites:
(a) Outside of a manufactured home park or subdivision;
(b) In a new manufactured home park or subdivision;
(c) In an expansion to an existing manufactured home park or subdivision; or
(d) In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the bottom of the I-beam for the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(2) A licensed installer shall install the home in accordance with state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
c. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zone AE on the county FIRM that are not subject to the provisions of subsection 4. be elevated so that the bottom of the I-beam of the manufactured home is at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. A licensed installer shall install the home in accordance with state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
5. Recreational vehicles. Require that recreational vehicles placed on sites within Zones A and AE on the county FIRM either:
a. Be on site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use; or
c. Meet the permit requirements of § 4-164, and the elevation and anchoring requirements for manufactured homes in subsection 4. above. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
6. Accessory structure. Accessory structures to be placed on sites within Zones A and AE on the county FIRM shall comply with the following:
a. The structure shall be unfinished on the interior;
b. The structure shall be used only for parking and limited storage;
c. The structure shall not be used for human habitation. Prohibited activities or use include but are not limited to working, sleeping, living, cooking or restroom use;
d. Service facilities such as electrical and heating equipment must elevated to or above the BFE;
e. The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
f. The structure shall be designed to have low flood damage potential and constructed with flood resistance materials;
g. The structure shall be firmly anchored to prevent flotation, collapse and lateral movement;
h. Floodway requirements must be met in the construction of the structure;
i. Opening to relieve hydrostatic pressure during a flood shall be provided below the BFE; and
j. The structure shall be located so as not to cause damage to adjacent and nearby structures.
1. The applicant for a development permit for any subdivision located in Zones A and AE which 51 or more lots or greater than five acres shall generate the base flood elevation date for that subdivision.
2. All subdivisions including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
3. All subdivisions including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
The following provision shall apply to floodways.
1. Encroachments, including but not limited to, fill, new construction, substantial improvements and other development are prohibited with the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the city during the occurrence of the base flood discharge.
3. The city may permit encroachments within the adopted floodway that would result in an increase in base flood elevations, provided that the applicant for the development permit complies with all of 44 C.F.R. § 65.12.
No structure or land shall hereafter be constructed, located, extended or altered without full compliance with the terms of this article and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in this article is presumed to be in violation until such time as that documentation is provided, (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirement shall upon conviction thereof be fined not more $500 or imprisoned for not more than one year or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City Council or its City Attorney from taking such other lawful action as is necessary to prevent or remedy and violation. (See Chapter 1 and Chapter 4 of this code of ordinances.)
No frame building shall be moved from without to within the corporate limits of the city, which by reason of its age, state of repair, condition of wiring or which, for any other reason, is unfit for human habitation or which might endanger the public peace, safety, health or welfare.
1. No person shall do any plumbing, gas fitting, extensions, connection of fixtures or repairs to any gas fitting in the city, except a state-licensed and locally-registered plumber. Any person desiring to engage in the business of plumbing or plumbing contracting shall first register with the office of the City Clerk-Treasurer. All registrant shall be state-licensed and furnish copy of liability insurance and workman’s compensation insurance coverage.
2. The initial registration fee shall be $300. Renewal registration fee shall be $50 per year.
3. All persons, firm, partnership, corporations or individuals, engaged or hereafter engaging, in the business of installing, electrical fixtures, wiring or apparatus in or on any building within the city, shall register with the office of the City Clerk-Treasurer before they may engage in said activities. All registrants shall be state-licensed and furnish copy of liability insurance and worker’s compensation insurance coverage.
4. The initial registration fee shall be $300. Renewal registration fee shall be $50 per year.
5. All persons in the business of mechanical contracting, such as, designing, assembling, erecting, constructing, installing, altering, servicing, repairing or maintaining refrigeration, air conditioning, heating and/or ventilation systems in the city must first register with the office of the City Clerk-Treasurer. All registrants must be state-licensed and furnish copy of liability insurance and workman’s compensation insurance coverage.
6. The initial registration fee shall be $300. Renewal registration fee shall be $50 per year.
7. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or other structure upon any lot or parcel of land within the city; must first register as a building contractor, with the office of the City Clerk-Treasurer. All registrants must be state-licensed and furnish copy of liability insurance and worker’s compensation insurance coverage.
a. A building contractor’s registration certificate is not required by persons who have a valid certificate for other specialized trades required by this code and provided the work performed falls under the requirements of that certification.
b. Resident owners of property are not required to obtain a building contractor’s registration certificate when performing work on their own property provided the work is performed by the owner, except for required specialized trade contractors who hold a valid certificate from the city. This exemption does not relieve the owner from obtaining a building permit as required by this code.
8. The initial registration fee shall be $100. The renewal registration fee shall be $50 per year.
9. Every person owning, leasing, operating or in possession of any building or structure within the city shall permit the Municipal Building Inspector to enter such building or structure as often as it shall be deemed necessary by said Inspector for the purpose of discharging any duties prescribed by this section, and it shall be unlawful for any owner, occupant or lessee of any premises to prevent or to refuse to permit such entry. Said Inspector shall, upon request of the owner, occupant or lessee of any premises, exhibit the authority to make such entry.
10. The Municipal Building Inspector shall not approve any application for contractor’s registration until he or she is satisfied that said contractor has obtained public liability insurance that shall indemnify the city and public in the amounts of not less than $5,000 for bodily injury to or death of one person in any one accident; or in an amount not less than $10,000 for personal injury or death or more than one person in any one accident; or $1,000 for property damages; all arising out of work to be performed under said registration.
11. The Municipal Building Inspector may revoke or suspend the registration of any person, persons or corporation convicted of any violation of this chapter, or for any of the following reasons:
a. Willful fraud or misrepresentation practiced in procuring or renewing any registration or license;
b. Dishonesty;
c. Gross incompetency;
d. Conduct likely to, or intended to, deceive or defraud the public;
e. The loaning of any license, registration or permit to any person or persons for any reason whatsoever;
f. The obtaining of compensation by fraud or misrepresentation;
g. The willful advertising or publishing, or otherwise making known, of any grossly false, fraudulent or misleading statements of business skill, knowledge or methods of operation;
h. The construction, design, installation, alteration, repair or maintenance of any refrigeration or air conditioning equipment in such a manner as to be detrimental to the safety, health or welfare of the general public;
i. For any misconduct in the use of a registration or transaction thereunder; or
j. For the violation or disregard of any regulations of the city.
12. If, in the performance of any work under this chapter, the contractor finds that, on account of the mechanical construction of the building, location of fixtures, or some other reason, it would be impossible to abide by the letter of this chapter, the Municipal Building Inspector may be asked for a variance, by stating reasons for any changes and setting forth the conditions, with a statement of the desire to request exceptions to the provisions of this chapter for the particular job. If said Inspector finds that the conditions warrant and that it would be impractical and unreasonable to require strict conformance, a special ruling may be made, to safeguard life and property, on the proposed work. In all such cases, persons engaged in such work or installation, and holding registration under this chapter, shall be notified in writing of the decision.
1. A grease interceptor shall be installed in the waste line leading from sinks, drains or other fixtures in restaurants, hotel kitchens, cafeterias and food processing establishments, and in any bar, lounge, private club or fountain where food is prepared or served, or where dishes, glasses, pots, pans or other kitchenwares are washed, or any other establishment where grease or broken glass can be introduced into the drainage system in quantities that can effect line stoppage or hinder sewage disposal. Grease, oil and sand interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other ingredients harmful to the building’s drainage system, the public sewer or the municipal sewage treatment plant.
2. Interceptors shall not be required for private living quarters or residential dwelling units.
3. All interceptors shall be of a type and capacity as defined in the city’s current adopted Plumbing Code and shall be approved by the Municipal Building Inspector. All interceptors shall be located so as to be readily and easily accessible for cleaning and inspection. Such interceptors shall be properly inspected following construction, by the Municipal Building Inspector, and shall be privately maintained, at the owner’s expense, in continuously efficient operation at all times.
4. An oil separator shall be installed in the drainage system of any establishment where, in the judgment of the Municipal Building Inspector, a hazard exists or where oils or other flammables can be introduced or admitted into the public sewer by accident or otherwise.
5. All garages, filling stations and car washes having car wash racks or facilities shall install combination grit and grease interceptors.
6. All commercial laundries shall be equipped with an interceptor having a removable wire basket or similar device that will prevent strings, rags, buttons or other materials detrimental to the municipal sewer system from passing into the drainage system.
7. Bottling plants shall discharge all processed wastes into an interceptor which will provide for the separation of broken glass or other solids, before discharging liquid wastes into the municipal sewer or storm drainage systems.
8. Slaughterhouses shall equip all slaughtering room drains with a separator which shall prevent the discharge of feathers, entrails and other material likely to clog the drainage system.
9. All existing establishments listed in subsection 1. above shall have 90 days from the effective date of this code of ordinances to install an improved interceptor or separator. Establishments covered under subsection 4. above will be handled on a case-by-case basis to determine whether an oil separator is required. All establishments covered under subsection 1. above, constructed henceforth, shall include an approved interceptor.
10. The Municipal Building Inspector, Utilities Superintendent or Mayor shall have the right of entry during usual business hours, to conduct an inspection of an interceptor or separator.
11. Any person found to be in violation of this section shall be served with written notice stating the violation and providing 72 hours for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. In the event an establishment is cited with a second violation within six months of the first, the time allowed for correction shall be reduced to 48 hours. A third citation within six months from the first violation will be cause for the city to immediately discontinue water service to the establishment, during which time the offender shall correct the violation.
12. Any person who shall continue any violation beyond the time limit provided for in subsection 11. above and upon conviction thereof, shall be fined in an amount not exceeding the limits established in Chapter 11, Article 3, § 50 of this code of ordinances for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
1. No building permit shall be issued for new construction or rehabilitation of any multi-family structure designed for human occupancy, unless the plans for the same include smoke detection devices.
2. No variance from this requirement shall be allowed, and the Municipal Building Inspector shall have the power and duty to prohibit occupancy of structures in violation hereof, until such time as the structure comes into compliance with the requirements of this section.
1. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OVERSPEED CONTROL. A mechanism used to limit the speed of blade rotation below the design limits of the wind energy conversion system.
SITE. The plot of land where the wind energy conversion system is to be placed. The site could be publicly or privately owned (by an individual or a group of individuals controlling single or adjacent properties).
SWEPT AREA. The largest area of the wind energy conversion system which extracts energy from the wind stream. In a conventional propeller-type wind energy conversion system, there is a direct relationship between swept area and the rotor diameter.
TOTAL HEIGHT. The height of the tower and the farthest vertical extension of the wind energy conversion system.
WIND ENERGY CONVERSION SYSTEM (WECS). A machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill). The WIND ENERGY CONVERSION SYSTEM includes all parts of the system, and shall be considered as a structure.
2. Building permit applications (see § 4-20) for a wind energy conversion system shall be accompanied by a site plan drawn in sufficient detail to clearly describe the following:
a. Property lines and physical dimensions of the site;
b. Location, approximate dimensions and types of major existing structures and uses on the site;
c. Location and elevation of the proposed wind energy conversion system;
d. Location of all above-ground utility lines on-site or within a distance radius equal to the total height of the wind energy conversion system;
e. Location and size of structures and trees over 35 feet in height, which are within a 500-foot radius of the proposed wind energy conversion system; for purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures; and
f. The zoning designation of immediate and adjacent sites.
3. Before a building permit may be issued, all requirements of this section must be met. This section covers those wind energy conversion systems whose swept area is 1,000 square feet or less; for conventional propeller wind energy conversion systems, this would be approximately 35 feet or less in diameter. (Non-electrical windmills used for pumping water may be exempted from the remaining provisions of this section.)
4. Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system, including support structure, tower, base and footings. Drawings and any necessary calculations shall be certified in writing by a registered professional engineer or manufacturer’s representative, to show that the system complies with the adopted Building Code. (This certification would normally be supplied by the manufacturer.) Where the structural components or installation vary from the standard design or specification, the proposed modifications shall be certified by a registered professional engineer for compliance with the structural design provisions of the adopted Building Code.
5. Building permit applications shall be accompanied by a line drawing identifying the electrical components of the system to be installed, in sufficient detail to allow for a determination that the manner of installation conforms to the adopted Electrical Code. The application shall include a statement from a registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with said Electrical Code. (This certification would normally be supplied by the manufacturer.) All equipment and materials shall be used or installed in accordance with such drawings and diagrams. Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance with the requirements of said Electrical Code and good engineering practices.
6. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the structural compatibility of possible towers with available rotors. (This certification would normally be supplied by the manufacturer.)
7. Anchor points for guy wires for the wind energy conversion system tower shall be located within property lines and not on or across any above-ground electric transmission or distribution lines. The point of ground attachment for the guy wires shall be enclosed by a fence six feet high, or the wind energy conversion system shall be set back from the property line or site parameters the total height of the wind energy conversion system.
8. Towers should have either a tower-climbing apparatus located no closer than 12 feet from the ground, a locked anti-climb device installed on the tower, or the tower shall be completely enclosed by a locked, protective fence at least six feet high.
9. The wind energy conversion system shall meet the requirements of any existing municipal noise regulations.
10. The wind energy conversion system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated to the Municipal Building Inspector that a wind energy conversion system is causing harmful interference, the operator shall be required to promptly mitigate the harmful interference.
11. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.
12. The minimum height of the lowest part of the wind energy conversion system shall be 30 feet above the highest existing major structure or any tree within a 250-foot radius. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open-lattice towers are not considered structures.
13. The wind energy conversion system shall be located such that the farthest extension of the apparatus does not cross any site lines.
14. For wind energy conversion systems which will be interconnected to a utility grid, no wind turbine shall be installed until evidence has been given that the utility company has been notified in writing.
15. If a wind energy conversion system is not maintained in operational condition for a period of one year and poses a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. If the city determines that the wind energy conversion system has been abandoned and poses a safety hazard, the system shall be removed within 45 days of written notice to the owner or operator of the system.
16. The applicant, owner, leasee or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. Said policy shall provide a minimum of $50,000 property and personal liability coverage.
1. Any officer or employee of the city charged with the enforcement of this chapter and acting in good faith and without malice, for the city in the discharge of official duties, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act or omission required or permitted in the discharge of such duties.
2. Any suit brought against any officer or employee because of such act or omission performed in the enforcement of any provisions of such codes may be defended by the Municipal Attorney until the final termination of the proceedings.
Any person, firm or corporation who shall fail to do anything required by this chapter or by any code adopted by this chapter, who shall otherwise violate any provision of this chapter or of any code adopted by this chapter, or who shall violate any lawful regulation or order made by any of the officers provided for in this chapter, shall be guilty of an offense and, upon conviction thereof, shall be fined in any sum not to exceed the limits established in Chapter 11, Article 3, § 11-50 of this code of ordinances. Each day upon which a violation continues, shall be deemed a separate offense.