Posted on by admin

1716 Bill No. 721 Minimum Housing Standards

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, ESTABLISHING MINIMUM HOUSING STANDARDS WITHIN THE CITY LIMITS OF RICH HILL, MISSOURI.

WHEREAS, the City of Rich Hill, Missouri, has received requests from potential builders for minimum building guidelines; and

WHEREAS, the Board of Aldermen desires to ensure that new buildings within the city limits meet all necessary standards and establish consistency with the standards; and

WHEREAS, the Board of Aldermen desires to adopt the regulations provided for herein to establish minimum housing standards within the city limits of Rich Hill, Missouri.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

SECTION 1.  That the Board of Aldermen of the City of Rich Hill, Missouri, hereby adopts the following regulations provided for herein to establish minimum housing standards within the city limits of Rich Hill, Missouri.

ARTICLE I:  DEFINITIONS

Accessory Building – Any structure on the property other than a dwelling.

Approved Foundation – For prefabricated/modular homes located within the city, a concrete or masonry perimeter enclosure that creates a basement or crawl space area below the dwelling unit. Attached porches and decks may be supported on the ends by piers.

Bathroom – A room containing plumbing fixtures including a bathtub or shower.

Bedroom – Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

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

Dwelling Unit – A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Habitable Space – A space in a building used for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

Room – A portion of space within a building or other structure, separated by walls or partitions from other parts.  

ARTICLE II: MINIMUM ROOM AREA, SPACE, CEILING HEIGHT REQUIREMENTS AND OTHER BUILDING REQUIREMENTS

  1. The aggregate area of the rooms and spaces, and ceiling heights within, shall meet the minimum code requirements listed below, except that the design may include combined use of spaces in an economical or “efficient” manner provided the design complies with the requirements listed below for an “efficiency living unit” and the occupancy is limited to two (2) or three (3) occupants depending on the floor area provided.
    1. Minimum living room area. Every dwelling unit shall have at least one (1) habitable room that shall have not less than one hundred and twenty (120) square feet of gross floor area. Note: The room is identified as a living room.
    1. Bedroom(s). Bedrooms shall not be less than seven (7) feet in any horizontal dimension and shall have a floor area of not less than seventy (70) square feet when occupied by one (1) person and every bedroom occupied by more than one (1) person shall contain at least fifty (50) square feet of floor area for each occupant thereof.
    1. Kitchen. Each dwelling unit shall be provided with a kitchen area and every kitchen area shall include a sink. Kitchens shall have a minimum area of fifty (50) square feet and have a clear passageway of not less than three (3) feet between counter fronts and appliances or counter fronts and walls.
    1. Other habitable rooms. Other habitable rooms shall not be less than seven (7) feet in any horizontal dimension and shall have a floor area of not less than seventy (70) square feet.Note: A separate dining room is required when the dwelling unit is intended for more than two (2) occupants. For three (3) to five (5) occupants the dining room is required to be a minimum of eighty (80) square feet.
    1. Bathroom. Every dwelling unit shall be provided with a partitioned off bathroom having a water closet, lavatory and a bathtub or shower. The water closet and lavatory shall not be set closer than fifteen (15) inches from their centerline to any side wall, partition, vanity, tub, or shower or set closer than thirty (30) inches between the centerlines of adjacent fixtures. At least twenty-one (21) inches clearance shall be provided in front of the fixtures except that at least twenty-four (24) inches is required in front of a shower opening. The lavatory shall be located in close proximately to the water closet. The kitchen sink shall not substitute for the lavatory. Note: While no specific minimum room size is indicated, the bathroom shall be approximately thirty (30) square feet in area to comply with the fixture spacing and clearance requirements.
    1. Vertical egress & hallways. Vertical egress from habitable levels shall be by a thirty-six (36) inch wide stairway having a maximum riser height of eight and one-fourth (8 ¼) inches, minimum tread depth of nine (9) inches, and minimum six (6) feet eight (8) inches headroom. Wider treads and spiral stairs are permitted, provided that the clear width at and below the handrail is not less than twenty-six (26) inches and the walk line radius is not less than greater than twenty-four and one-half (24 ½) inches. Each tread shall have a depth of not less than six and three-fourths (6 ¾) inches at the walk line. All threads shall be identical, and the rise shall be not more than none and one-half (9 ½) inches. Headroom shall be not less than six (6) feet six (6) inches. Ladders are not permitted. Hallways, if provided, shall be not less than thirty-six (36) inches wide.
    1. Mechanical equipment & appliances. Heat and hot water must be provided. Sufficient space shall be provided for mechanical equipment and hot water appliances to maintain minimum clearances to combustible materials and provide access for maintenance. A minimum of thirty (30) inches of clearance is required at the front of the appliance for service.
    1. Electrical panel. An electrical system connected to a public utility must be provided. Circuit breaker panels shall not be concealed and are not permitted in a bedroom or within bathrooms or clothes closets. A minimum thirty-six (36) inches deep by thirty (30) inches wide, having a minimum six (6) feet six (6) inches headroom, unobstructed clearance area is required in front of electrical panels. Doors shall not open towards a panel. Counters and cabinets shall not be installed under the electrical panel. A communication outlet shall be cabled to the service provider demarcation point.
    1. Ceiling height. Habitable spaces, hallways, bathrooms, toilet rooms, laundry rooms and portions of basements containing these spaces shall have a ceiling height of not less than seven (7) feet.
      1. Exceptions:
        1. For rooms with sloped ceilings, at least fifty (50) percent of the required floor area of the room must have a ceiling height of at least seven (7) feet and no portion of the required floor area shall have a ceiling height of less than five (5) feet. Note: These rooms shall be used exclusively for sleeping, study, or similar purposes.
        1.  Bathrooms shall have a minimum ceiling height of six (6) feet eight (8) inches at the center of the front clearance area for fixtures as shown in IRC Figure 307.1. The ceiling height above fixtures shall be such that the fixture is capable of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a minimum ceiling height of six (6) feet eight (8) inches above a minimum area thirty (30) inches by thirty (30) inches at the showerhead.
    1. Efficiency living unit. A unit occupied by not more than two (2) occupants shall have a clear floor area of not less than two hundred twenty (220) square feet and when occupied by three (3) occupants shall have a clear floor area of not less than three hundred twenty (320) square feet. These required areas shall be exclusive of a kitchen area which shall include a kitchen sink, cooking appliance, and refrigeration facilities (each having a clear working space of thirty (30) inches in front) and a separate bathroom containing a water closet, lavatory, and bathtub or shower. Note: While no specific minimum floor area is indicated for the kitchen and bathroom the above minimum square footages shall be increased by approximately eighty (80) square feet, thus a unit for one (1) to two (2) occupants shall have a clear floor area of around three hundred (300) square feet. A unit for three (3) occupants shall have a clear floor area of around four hundred (400) square feet. This required clear floor area is exclusive of the space needed for vertical egress on designs having a habitable loft or second level.
    1. Utility hookups. All plumbing fixtures shall be connected either to a public water system or to an approved private water system, such as a well, and connected to a public sanitary sewer or approved private sewage disposal system such as a septic system. An electrical system connected to a public utility shall be required.
    1. Foundation. Foundation shall be placed on footings engineered to withstand all wind loads and building weights and shall be a frost proof concrete slab, crawl space or basement. Wood sole plates at all exterior walls on monolithic slabs, wood sole plated of braced wall panels at building interior on monolithic slabs and all wood sill plates shall be anchored to the foundation with minimum ½-inch-diameter anchor bolts spaced at a maximum of six (6) feet on center or approved anchors or anchor straps spaced as to require to provide equivalent anchorage to ½-inch-diameter anchor bolts. Bolts shall extend a minimum of seven (7) inches into concrete or grouted cells of concrete masonry units.
    1. Footings shall be:
      1. Minimum depth on exterior footing shall not be less twelve (12) inches below undisturbed ground surface.
      1. Minimum footing size shall not be less than twelve (12) inches in width and six (6) inches in thickness and shall be reinforced longitudinally with rebar not less than one-half-inch (1/2) diameter, not fewer than three (3) in any given width area, and not less than one and one-half (1 ½) inches from the bottom.
      1. Except where otherwise protected from frost, foundation walls, piers, and other permanent supports of buildings shall be protected from frost by one or more of the following methods:
        1. Extend twenty-four (24) inches below the soil surface
        1.  Erected on solid rock
        1. Constructed using a monolithic slab-on-ground foundation floor design in which the monthly mean temperature of the building is maintained at a minimum of sixty-four (64) degrees and the vertical exterior face of the footing protected with Styrofoam of a R-Value not less than four and one-half (4 ½) Note: Neither foundations nor footings protected from frost in Article II(1)(m) (3)(iii)  shall be used for unheated spaces such as porches, utility rooms, garages and carports, and shall not be attached to basements or crawl spaces that are not maintained at a minimum monthly mean temperature of sixty-four (64) degrees.
    1. Roof. Shall be a pitch roof withstanding twenty (20) pounds per square foot of live load and constructed of metal roofing or composite shingles.

ARTICLE III: LOT SIZE REQUIREMENTS

  1. Minimum lot width:
    1. Interior lots shall have a minimum of thirty (30) feet of street frontage.
    1. Corner lots shall have a minimum of forty (40) feet of street frontage.
  2. Minimum lot depth shall be seventy-five (75) feet.
  3. Minimum lot area shall be two thousand two hundred fifty (2,250) square feet.
  4. Front yard: No dwelling or accessory building shall be located with twenty-five (25) feet of the front property line. No accessory building shall be located in the front yard between the dwelling and the front property line.
  5. Side yard:
    1. Interior lots: No dwelling shall be located within seven (7) feet of any side property line. No accessory building shall be located within five (5) feet of any side property line.
    1. Corner lots: No dwelling or accessory building shall be located within fifteen (15) feet of the side street right-of-way. No dwelling shall be located seven (7) feet of the interior side property line. No accessory building shall be located with five (5) feet of the interior side property line.
  6. Rear yard: No dwelling shall be located with twenty-five (25) feet of the rear property line. No accessory building shall be located within three (3) feet of any rear property line.

ARTICLE IV: REGULATIONS FOR ACCESSORY BUILDINGS AND THE USE OF PORTABLE STORAGE CONTAINERS AS ACCESSORY BUILDING STORAGE FACILITIES

  1. Regulations for accessory buildings:
    1. Accessory buildings shall be placed on concrete, asphalt or another level, compacted, hard surface at all times; and
    1. Shall be painted so as to blend in with the buildings to which they are associated or shall be painted in neutral colors (earth tones); and
    1. Shall abide by all setback requirements as required by city ordinances.
  2. Use of storage container as accessory building:
    1. Shall be placed on concrete, asphalt or another level, compacted, hard surface at all times; and
    1. Shall be painted so as to blend in with the buildings to which they are associated or shall be painted in neutral colors (earth tones); and
    1. Shall not be visible to the motoring public or from adjacent residential neighborhoods unless other measures are employed to mitigate the visual impacts of such containers; and
    1. Shall not be stacked; and
    1. Shall abide by all setback requirements as required by city ordinances.
  • Exceptions for placement of shipping containers on construction sites in conjunction with an active building permit:
  • A temporary permit for the placement of shipping container(s) may be issued in conjunction with an active building permit for a construction site in all zones. The temporary permit shall be valid for a period of one (1) calendar year from the date of issuance, or until the building permit expires, but may extended for an additional one hundred eighty (180) days, subject to the city’s official determination;
  • Temporary containers shall be removed before the expiration date of the associated active building permit;
  • Temporary shipping containers shall not be placed within the public right-of-way, and shall not be placed in such a manner so as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained thereon;
  • All temporary shipping containers shall be placed on the construction site associated with the active building permit;
  • All temporary shipping containers shall be placed a minimum of five (5) feet away from all adjacent property lines and public rights-of-way;
  • Temporary shipping containers shall not be stacked;
  • Temporary shipping containers shall be secured at night time and maintained in good condition.
  • Emergency placement of shipping containers:
    • In the event of a natural hazard, accident or other emergency or disaster which has resulted in significant damage to a property or structure within city limits, and subject to the Mayor’s discretion, the emergency placement of shipping containers shall be permitted. A temporary permit for the emergency placement of shipping container(s) may be issued by the city and shall be valid for a period of one (1) calendar year from the date of issuance, but may be extended for additional one hundred eighty (180) days, subject to the Mayor’s discretion.

ARTICLE V:  REGULATIONS FOR THE INSTALLATION AND MAINTENACE OF FENCES AND HANDRAILS

  1. Fences:
  2. All fences on the premises shall be structurally sound, able to withstand wind gusts up to seventy (70) miles per hour, and constructed of metal fencing material, wood, masonry or other inert material. Such fences shall be maintained so that they do not constitute a blighting factor for the adjoining property nor an element leading to the progressive deterioration and downgrading of the neighborhood values. The property owner and occupant shall be responsible for compliance with the provisions of this Article.
  3. No person shall place or permit to be placed or remain along and adjacent to any public street, alley or other public place any fence composed in whole or in part of barbed wire.
  4. No fence, hedge or shrub planting which obstructs sight lines at heights above two (2) feet and six (6) inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street line, or, in the case of the rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley. No tree shall be permitted to remain within such a distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
  5. No fence constructed of metal fencing material, wood, masonry or other inert material shall be more than eight (8) feet in height.
  • Handrails:
    • Structurally sound handrails shall be provided on any steps containing

four (4) risers or more. If steps are not enclosed, handrails and balusters spaced no more than eight (8) inches apart shall be provided.

  • Porches and/or balconies located more than three (3) feet higher than the adjacent areas shall have structurally sound protective handrails, thirty (30) to thirty-six (36) inches high and, if unenclosed, balusters spaced no more than eight (8) inches apart shall also be provided.
    • The property owner shall be responsible for compliance.

ARTICLE VI: PERMITS AND FEES

A permit shall be required for all construction of dwellings and accessory buildings. Permit fees as listed in the City Fee Schedule shall be established by the Board of Aldermen.

ARTICLE VII: ENFORCEMENT OFFICER

Any law enforcement officer, the Mayor or their designee(s) is authorized to enforce the provisions of this ordinance and issue notices, citations or take abatement procedures, as provided therein. 

ARTICLE VII: PENALTIES

Should any owner or occupant violate the provisions of this ordinance, they shall be deemed guilty of an ordinance violation, which shall be punishable by a fine as listed in the City Fee Schedule.

SECTION 2.  The provisions of this Ordinance are severable. If any section, sentence, or part of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other sections, sentences, or parts of this Ordinance which can be given effect without the invalid section, sentence, or part.

SECTION 3.  All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.

SECTION 4.  This Ordinance shall take effect and be in full force from and after its passage and approval.

Read two times and passed by the Board of Aldermen and approved by the Mayor of the City of Rich Hill, Missouri, this 9th day of  September, 2020.

(Seal)                                                                                     

______________________________

Jason Rich, Mayor                                                     

Attest:                                                                        

________________________

Casey Crews, City Clerk

Ayes: Humble, Robb, Tourtillott, Kassner

Nays: None