KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 030308 Introduction Date: 3/13/2003
Type: Ordinance Effective Date: 3/30/2003
Sponsor: None
Title: Amending Chapter 18, Code of Ordinances, Buildings and Building Regulations, by including a process for the administrative approval of encroachments, and waiving the encroachment fee for governmental applicants in Section 18-40, of International Building Code (Section 3201) and by authorizing projecting signs over public right-of-way in Section 18-211, - Appendix H, Signs, of International Building Code; amendments (Section H103.1).

Legislation History
DateMinutesDescription
3/13/2003

Prepare to Introduce

3/13/2003

Referred Operations Committee

3/19/2003

Advance and Do Pass

3/20/2003

Passed


View Attachments
FileTypeSizeDescription
030308.pdf Authenticated 668K AUTHENTICATED

Printer Friendly Version

ORDINANCE NO. 030308

 

Amending Chapter 18, Code of Ordinances, Buildings and Building Regulations, by including a process for the administrative approval of encroachments, and waiving the encroachment fee for governmental applicants in Section 18-40, Adoption of International Building Code (Section 3201) and by authorizing projecting signs over public right-of-way in Section 18-211, Signs - Appendix H, Signs, of International Building Code; amendments (Section H103.1).

 

WHEREAS, the Code of Ordinances now requires that almost every encroachment into the public right-of-way be approved by the City Council; and

 

WHEREAS, this process is generally five to six weeks in length; and

 

WHEREAS, through careful screening and work with building owners, builders, and others the Citys requests for permission to allow encroachments associated with buildings along public rights of way, such as sidewalks and streets, are almost universally granted by the Council; and

 

WHEREAS, encroachments for projecting signs are routinely granted by the Council; and

 

WHEREAS, through the application of reasonable guidelines the Council can delegate to the Director of Codes Administration the oversight of permitting or denying encroachments when they do not conflict with the public need and continued lawful use of the right-of-way; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Section 18-40, Code of Ordinances, Buildings and Building Regulations is amended to read as follows:

 

Sec. 18-40. Adoption of International Building Code (2000); amendments.

 

The International Building Code (2000), promulgated by the International Code Council, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the International Building Code. The following provisions coinciding with provisions of the International Building Code supersede, or delete, when indicated, the corresponding provisions of the International Building Code:

 

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator or energy conservation code shall be constructed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator or energy conservation code specifically adopted by reference in articles II through XIV of this code.

 

Chapter 1, Administration, is deleted. See article I of this chapter.

 

1003.2.2.5 Posting of occupant load. Every room or space that is an assembly occupancy shall have the occupant load of the room or space posted in a conspicuous place, near the main exit or exit-access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall bear the following: the signature of the building official, the number of occupants permitted for each room use, the occupancy group of the space, and the year of the code in effect at time of


approval. Posted signs shall be maintained by the owner or authorized agent.

 

Exception: The approved occupant load sign may be located behind a decorative openable panel in the room or space or may be located in the building manager's office whenever access to the approved sign is readily available 24 hours per day and the occupant load is otherwise posted in the room as required in this section, along with directions for locating the approved sign.

 

1003.3.3.11, Exception 5. Stairs of less than three risers serving individual dwelling units in Group R-2 and R-3 occupancies do not require handrails.

 

1004.2.2.1, Exception 3. In group B office buildings of Type IA construction complying with Chapter 6 and equipped with an approved automatic sprinkler system throughout complying with section 903.3.1.1, the minimum separation distance shall not be less than one-fourth of the length of the maximum overall diagonal dimension of the building or area to be served.

 

1510.1 Reroofing, general. Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 15. Roof repairs to existing roofs and roof covering shall comply with the provisions of Chapter 34.

 

Exception: Reroofing shall not be required to meet the minimum design slope requirement of one quarter vertical in 12 units horizontal in Section 1507 for roofs that provide positive roof drainage.

 

SECTION 1612. FLOOD LOADS

 

See Code of Ordinances, Chapter 28 Floodplain Management.

 

1805.2.1.1 Frost Line. The design frost line shall be 36 inches (915mm).

 

3001.1 Scope. This chapter governs the design, construction, installation, alteration, repair, and inspection and test requirements of elevators and conveying systems and their components.

 

3001.2 Referenced standards. Except as otherwise provided for in this code, the design, construction, installation, alteration, repair, maintenance, and inspection and test requirements of elevators and conveying systems and their components shall conform to ASME A17.1, ASME A17.3, and ANSI A10.4.

 

SECTION 3201. GENERAL

 

3201.1 Scope. No part of any structure or any appendage thereto shall project beyond the property line of a building site and encroach below, on or above public property, except where allowed without a permit in this chapter, as authorized by an encroachment permit, or as otherwise permitted by special ordinance.

 

3201.2 Projection. The projection of any structure or appendage shall be the distance measured horizontally from the property line to the outermost point of the projection.

 

3201.3 Other ordinances. No provisions of this article shall be construed to permit the violation of other ordinances regulating the use and occupancy of public property.

 

3201.4 Encroachment permit required. The building official may issue an encroachment permit to construct an encroachment based on plans prepared according to the provisions of section 18-18 showing construction and clearances in compliance with section 3202 and required approval of the municipal art commission, the department of public works, or the department of parks and recreation and other public utilities and agencies. The building official shall find that the portion of the right-of-way to be used by the adjoining property owner is not required, or anticipated to be required in the immediate future, for special use by the City or other occupants of the right-of-way, and can be used by the adjoining property owner without impeding the public interest in maintaining the right-of-way. Encroachment permits requiring exceptions to the requirements of this chapter may be reviewed and approved by special ordinance of the city council.

 

The permittee shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

3201.4.1 Liability insurance with either a combined single-limit policy of $500,000.00, or a split-limit policy of $100,000.00/$300,000.00 bodily injury and $100,000.00 property damage.

 

3201.4.2 The city shall be added as an additional insured to such policy by separate endorsement.

 

3201.4.3 The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least ten days prior thereto.

 

3201.4.4 Before the permit is issued, and annually thereafter, the permittee shall deposit with the city a certificate of insurance evidencing that the endorsements required by subsections (2) and (3) have been met.

 

Authorization for an encroachment shall be construed as a permit and not a grant and may be revoked by the city at any time; and, upon revocation, the permittee or the owner of the property adjacent to or adjoining such encroachment, at the same time the removal of the encroachment may be required, shall cause the removal of the encroachment and construction of necessary walls and footings to protect the public property, without expense to the city.

 

Exceptions: Encroachment permits shall not be required for:

 

(1) Cornices, sills, pediments and similar projections of decorative character when not more than ten inches beyond the property line, provided that every part of such projection is not less than ten feet above the sidewalk and not less than 15 feet above any alley or vehicular trafficway.

 

(2) Wheel guards of metal or concrete with rounded surfaces when encroaching onto public property, except alleys, not more than ten inches and not more than 18 inches above grade.

 

(3) Metal wall plates and metal angle corners when projecting onto public property not more than one inch.

 

(4) Sill cocks, fire department connections and sprinkler system control valves when encroaching onto public property not more than eight inches.

 

(5) Awnings providing construction, projection, clearances and design conforming with this article, section 3202.

 

(6) Footings conforming with this article, sections 3202.1.1.

 

(7) Curbs or buffer blocks projecting not more than nine (9) inches and not exceeding a height of nine (9) inches above grade.

(8) Wall signs extending not more that one foot beyond the face of the wall and located not less than 10 feet above the grade of any public sidewalk or 15 feet above the grade of any public street or alley.

 

3201.5 Existing encroachments. Parts of existing buildings and structures which already lawfully project beyond the street lot line or building line may be maintained as constructed until their removal is directed by the building official.

 

3201.6 License fees. Encroachment into the right-of-way may be subject to the imposition of a reasonable license fee established by the city. If found to be in the public interest, the council may modify or waive the imposition of a license fee.

 

Exception. Encroachments requested by political subdivisions and other governmental units such as counties, the State of Missouri, the United States, and school districts, will not require payment of an encroachment fee because it is in the public interest to permit such encroachments without additional costs to public entities.

 

3201.7. Denial of an encroachment permit by the Director of Codes Administration. Denial of an encroachment permit by the Director of Codes Administration for any reason, including the finding that the proposed encroachment intrudes into the public right-of-way in such a way that it may impede the publics use of the right-of-way or that requirements of this code are not met may not be appealed to the Building and Fire Codes Board of Appeals. Upon denial by the Director of Codes Administration, and upon the request of the applicant, an ordinance will be introduced by the Director of Codes Administration by which the City Council will determine whether to approve the requested encroachment.

 

SECTION 3303. DEMOLITION.

 

3303.1 General. The work of demolition or moving of any building shall not commence until the structures required for protection of persons and property are in place. Such structures shall conform to the requirements as set forth in chapter 33 of this article.

 

The building official may require the permittee to submit plans and a complete schedule for demolition or moving work.

 

3303.2 Scope. In addition to the other requirements of this article and the general ordinances, this chapter shall govern the demolition and moving of buildings and structures. Any device or equipment such as scaffolds, ladders, derricks, hoists or similar items used in connection with demolition shall be constructed, installed and maintained and operated in accordance with the regulations governing the construction, installation, maintenance and operation of such device or equipment as specified in other portions of this article.

 

3303.3 Loads. Structures or parts of structures, or any floor or temporary support, scaffold, sidewalk barricade, bridge, device or equipment, shall not be loaded in excess of the safe carrying capacity.

 

3303.4 Warning signs. When required, demolition jobs shall be provided with danger signs, which shall be conspicuously posted around the property.

 

3303.5 Lights. Between sunset and sunrise, adequate lights shall be provided to properly protect persons and property from hazards of pits, excavations, fences, barriers, equipment, building materials or rubbish in, upon or near a sidewalk or street. All walkways shall be provided with lights as follows:

 

3303.5.1 Amber lights, with capacity of at least 100 watts, on the street side of the walkway at both ends and near the corner.

 

3303.5.2 Other lighting consisting of 60-watt lights spaced every ten feet along the walkway.

 

3303.6 Dust. All material to be removed shall be wet sufficiently to lay the dust incidental to its removal.

 

3303.7 Rubbish and waste. All adjacent streets, alleys and other public ways and places shall be kept free and clear of all rubbish, refuse and loose material resulting from the moving, demolition or demolition operations.

 

3303.8 Fences. The building official may require that a fence be constructed on or around any demolition site, when deemed necessary to protect the public.

 

3303.9 Methods of demolition.

 

3303.9.1 General. Except for the cutting of holes in floors for chutes and holes through which to drop materials, preparation of storage space and other necessary preparatory work, demolition of exterior walls and floor construction shall begin at the top of the structure and proceed downward, and each story or exterior wall and floor construction shall be removed and dropped into the storage space before commencing the removal of walls and floors in the story next below. This requirement shall not prohibit the demolition of a structure in sections if positive means are taken to prevent injury to person or damage to property. The use of other methods may be permitted when approved in advance by the building official.

 

3303.9.2 Protection of openings. All floor openings and shafts not used for material chutes shall be floored over or enclosed with guardrails and toe boards.

 

3303.9.3 Stairs and ladders. All stairs and ladders shall be maintained in a safe condition, and at least one stairway shall be accessible as each floor is demolished.

 

3303.10 Removal of materials.

 

3303.10.1 Through chutes. Materials shall not be dropped by gravity to any point lying outside the exterior walls of the building except through enclosed wood or metal chutes.

 

Exception: Where the distance from the property line or sidewalk is equal to or greater than the height of the demolition work, materials may be dropped to the ground, provided dust control is maintained in accordance with the provisions of other portions of this chapter.

 

3303.10.2 Through floor openings. If debris is dropped through holes in the floor without the use of chutes, the total area of the hole cut in any intermediate floor (one which lies between the floor that is being demolished and the storage floor) shall not exceed 25 percent of such floor area.

 

3303.11 Condition of site. Upon completion of the removal of the building, structure or utility, all fencing, pedestrian protection and demolition debris and refuse of any kind shall be removed from the site. Excavations, basements or cellars shall be filled with inorganic material; provided, however, the top one foot of fill shall be clean earth. The filling of such excavation may not be required when a building permit has been issued for a new building on a site and the construction thereof is to start within 60 days after the completion of demolition or moving operations. The holder of the building permit shall provide such excavation with a temporary barricade protecting the excavation on all sides as specified for safety by the director of codes administration. Temporary barricades may remain in position for a time not exceeding five days, after which a solid barricade shall be provided or the excavation filled.

 

3307.2 Temporary Erosion and Sediment Control. Erosion and sediment control measures shall be provided for disturbed areas (clearing, grading, excavating, filling, storing, or disposing of soil and earth materials) greater than 300 square feet, where an application has been submitted or an application is required to be submitted to the building official for a building permit or grading permit. Erosion and sediment control measures shall comply with the adopted standards by the director of public works. Measures that fail to provide erosion and sediment control to the adopted standards by the director of public works, shall be considered not in compliance with this manual. All control measures shall remain in place and maintained until the site has been stabilize and the measures are not longer necessary.

 

3406.1 Historic buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure or its building service equipment may be made without conformance to all the requirements of this code when authorized by the building official, provided:

 

3406.1.1 The building or structure has been designated by the city council as having special historical or architectural significance.

 

3406.1.2 Any unsafe conditions as described in this code are corrected.

 

3406.1.3 The restored building or structure and its building service equipment will be no more hazardous, based on life safety, fire safety and sanitation, than the existing building.

 

3409.2 Applicability. Structures existing prior to 1878. The provisions in Sections 3409.2.1 through 3409.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, S, and U. These provisions shall not apply to buildings with occupancies in Group H or I.

 

Appendices: The following appendix chapters are hereby adopted:

 

Appendix C - Group U - Agricultural Buildings.

 

Appendix H - Signs, as amended by article X of this chapter.

 

Section 2. That Section 18-211, Code of Ordinances, Appendix H, Signs, of International Building Code; amendments is amended to read as follows:

 

Sec. 18-211. Appendix H, Signs, of International Building Code; amendments.

 

Provisions of this article are in addition to the provisions of Appendix H, Signs, of the International Building Code. The following provisions coinciding with provisions of Appendix H, Signs, of the International Building Code supersede, or delete, when indicated, the corresponding provisions of Appendix H, Signs, of the International Building Code.

 

H101.2 Signs exempt from permits is deleted.

 

H102.1 General. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meaning indicated in this chapter. Refer to Chapter 2 for general definitions.

 

Area of signs. For the purpose of computing permit fees, the area of any sign shall be estimated on the basis of the largest rectangle that is required to enclose the sign. In case of an irregular sign, the area shall be the sum of the areas of the rectangles necessary to enclose the sign (computed for one side only). The area of V-type signs, multifaced signs, two-face ground signs and signs as faces for marquees shall be computed on the total face area.

 

Combination sign means any sign incorporating any combination of the features of pole, projecting and roof signs.

 

Electric sign means a sign containing electrical wiring.

 

Freestanding sign means any sign which is supported by one or more columns, uprights or braces in or upon the ground or supported directly upon the ground.

 

Marquee means a permanent roofed structure attached to and supported by the building and projecting over public property.

 

Projecting sign means a sign other than a wall sign, which projects from and is supported by a wall of a building or structure.

 

Roof sign means a sign erected upon or above a roof or parapet of a building or structure.

 

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

 

Sign structure means any structure which supports or is capable of supporting any sign as defined in this article. A sign structure may be a single pole and may or may not be an integral part of the building.

 

Wall sign means any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall.

 

H103.1 Location restrictions. Signs shall not be erected, constructed or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent the free passage from one part of a roof to any other part thereof. A sign shall not be attached in any form, shape or manner to a fire escape, nor be placed in such a manner as to interfere with any opening required for ventilation. Signs shall be located not less than six feet horizontally or 12 feet vertically from overhead electrical conductors which are energized in excess of 750 volts. The term "overhead conductors," as used in this section, means any electrical conductor, either bare or insulated, installed above the ground. No sign or sign structure shall be placed, erected or maintained on, in or above any adjoining public right-of-way, except wall signs and projecting signs, which must be as least ten feet above the adjoining public right of way.

 

H104.1 Identification is deleted.

 

H105.2 Permits, drawings and specifications. Where a permit is required, as provided in article I of this code, construction documents shall be required. These documents shall show the dimensions, material and required details of construction, including loads, stresses and anchors.

 

H106.2 Electrical Service. Signs that require electrical service shall comply with article IV of this chapter.

 

H107.1.2 Electric sign faces is deleted.

 

H107.1.3 Area limitations is deleted.

 

SECTION H109 FREESTANDING SIGNS

 

H109.1 Height restrictions. The structural frame of freestanding signs shall not be erected of combustible materials to a height of more than 35 feet above the ground.

 

H109.2 Required clearances is deleted.

 

H110.3 Height of solid signs is deleted.

 

H2110.4 Height of open signs is deleted.

 

H110.5 Height of closed signs is deleted.

 

H111.3 Extension is deleted.

 

H112.4 Height limitations is deleted.

 

H113.3 Dimensions is deleted.

 

H113.4 Height limitations is deleted.

 

SECTION H114 PORTABLE SIGNS is deleted.

 


____________________________________________________________


 

Approved as to form and legality:

 

 

 

__________________________________

Assistant City Attorney