Citation in context
October 13, 2015 — Meeting Minutes
Cited passage
before the effective date of this Section on September 24, 2013, shall comply with the provision of this Section and obtain a permit within one hundred twenty (120) days after the effective date of this Section. Existing permit holders shall comply with amendments to this section within 60 days of the effective date (October 13, 2015) of the amendment(s) with the following exception:
a. Pursuant to Section 210.260. (A). any existing permit holder who houses more than 10 domestic fowl on their property may keep the same number of fowl, but may not replace any fowl that expires or that is otherwise permanently removed from their property, until the limit of 10 is reached.
Walter Shifrin, resident, addressed the Board with regard to the allowance of roosters. Susan Istenes stated that owners who currently have roosters will need to come into compliance per the requirements of the ordinance. She added that staff will send letters and a copy of the ordinance to owners who currently hold permits.
Anne Martin, resident, addressed the Board commenting that she is in support of the ordinance and that although she loved her roosters and hated to see them go, she was able to find new homes for them and has come into compliance. She thanked the Board for coming to a decision that she feels will work for everyone.
Alderman Garnholz introduced Bill No. 6518.1, an ordinance to approve an amendment to Chapter 210, Article II, Section 210.260 as it relates to domestic fowl (chickens) as amended by revision to be read for the first time by title only. Alderman Winings seconded.
Since the adoption of the revised Domestic Fowl Regulations in 2013, the City has issued eight Domestic Fowl Permits, each valid for three years. Since that time, City staff and the Board of Aldermen have received numerous complaints regarding the appearance of coops and pens that are visible from adjacent properties and noise complaints. The current regulations address the location and screening of coops and pens as follows:
Since that time, City staff and the Board of Aldermen have received numerous complaints regarding the appearance of coops and pens that are visible from adjacent properties and noise complaints. The current regulations address the location and screening of coops and pens as follows:
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“Coops and pens shall be effectively screened from view by pedestrians at ground level at all times by the use of an opaque fence or landscaping.”
Staff’s application of this requirement has been to require screening of views from the public right-of-way, not from adjacent properties, per the City’s Architectural Review Guidelines. Due to the number of complaints the City staff and Board of Aldermen have received regarding the appearance and location of coops and pens, staff has been directed to revise the current regulations to require more stringent screening from the streets and adjacent properties, and therefore proposes the language found herein. The design requirements for coops have also been enhanced to require coops to be constructed of common materials and designs associated with commercially constructed small animal enclosures. Property owners have resorted to enclosures and coops constructed of unconventional materials such as wooden pallets, trampolines, scrap lumber pieces and plastic tarps which appear to be the equivalent of junk storage on private property, rather than an appropriate enclosure for domestic fowl. Staff recommends approval of the proposed ordinance.
City Manager Owens noted that a revised amendment was provided to the Board at each dias for the correct wording to be included in the ordinance as written below:
SECTION 210.260: POSSESSION OF DOMESTIC FOWL
A. Limitations on Keeping Domestic Fowl. It shall be unlawful for a person, other than a veterinary hospital or pet shop, to keep domestic geese, ducks, chickens or turkeys (“domestic fowl”) within the City for commercial or resale purposes. It shall be unlawful for a person to keep more than ten (10) domestic fowl as pets or for domestic egg production. No crowing hens or adult male chickens may be kept. Domestic fowl kept as pets or for domestic egg production must be adequately confined within the private property boundaries of the owner’s yard sufficient to prevent their escape. Any person desiring to keep domestic fowl may do so only upon obtaining a permit for same from the City.
In response to the Board’s questions, Susan Istenes clarified the following:
Section 210.260, B.
Alderman Garnholz introduced Bill No. 6518.1, an ordinance to approve an amendment to Chapter 210, Article II, Section 210.260 as it relates to domestic fowl (chickens) as amended by revision to be read for the first time by title only. Alderman Winings seconded.
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City Attorney O’Keefe Reads Bill No. 6518.1, an Ordinance Revising Chapter 210 (Animal Regulations) Of Title II (Land Use) of the Municipal Code of the City Of Clayton, Missouri, General Animal, Livestock, Birds and Domestic Fowl Regulations, Section 210.260 of the Municipal Code of Clayton and Other Actions Related Thereto as amended for the first time by title only.
The motion passed unanimously on a voice vote.
Alderman Garnholz moved that the Board give unanimous consent to consideration for adoption of Bill No. 6518.1 on the day of its introduction. Alderman Winings seconded.
The motion passed unanimously on a voice vote.
Alderman Garnholz introduced Bill No. 6518.1, an ordinance to approve an amendment to Chapter 210, Article II, Section 210.260 as it relates to domestic fowl (chickens) as amended by revision to be read for the second time by title only. Alderman Winings seconded.
City Attorney O’Keefe reads Bill No. 6518.1, an Ordinance Revising Chapter 210 (Animal Regulations) of Title II (Land Use) of the Municipal Code of the City Of Clayton, Missouri, General Animal, Livestock, Birds and Domestic Fowl Regulations, Section 210.260 of the Municipal Code Of Clayton and Other Actions Related Thereto as amended for the second time by title only.
Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6394 of the City of Clayton.
AN ORDINANCE TO CONSIDER ADOPTING THE 2015 INTERNATIONAL BUILDING, MECHANICAL, PLUMBING, RESIDENTIAL, ENERGY CONSERVATION AND FUEL GAS CODES, AND THE EXISTING BUILDING CODE WITH AMENDMENTS (SECOND READING)
City Manager Owens reported that this is an ordinance to adopt the 2015 International Building Code, Mechanical Code, Plumbing Code, Residential Code, Energy Conservation Code, Fuel Gas Code and the Existing Building Code, with Amendments.
The City of Clayton has been using the Building Officials and Code Administrators (B.O.C.A.) Building, Mechanical, Plumbing and the National Electric Codes, with local amendments, since 1957. In 2000, the Building Officials and Code Administrators changed the Code titles to International Codes which were adopted by Clayton in 2001, with amendments.
The 2015 International Codes are the latest model codes presently available, and have been, or will soon be adopted by other surrounding communities. It is anticipated that these Codes will be adopted by the majority of jurisdictions in the United States as well as Canada and Mexico.
The International Code Council (ICC) updates the various codes every three years allowing for new design practices, technology and products to be addressed. Clayton has been under the 2009 Codes since their adoption in 2010. The one change in the 2015 Code that is considered a significant departure is that Chapter 34, Existing Structures, was deleted from the International Building Code and was replaced with a separate code, the 2015 International Existing Building Code (IEBC). Many of the remaining changes are not significant; however, in this age of rapid and significant advancements in technology, it is especially important to stay up-to-date.
The one change in the 2015 Code that is considered a significant departure is that Chapter 34, Existing Structures, was deleted from the International Building Code and was replaced with a separate code, the 2015 International Existing Building Code (IEBC). Many of the remaining changes are not significant; however, in this age of rapid and significant advancements in technology, it is especially important to stay up-to-date.
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The following are a few examples that are representative of the technology updates contained in the 2015 Codes:
2015 International Building Code – The most significant change in the 2015 International Building Code is that Chapter 34 Existing Structures was deleted from the IBC by the International Code Council (ICC) and was replaced with a separate code, the 2015 International Existing Building Code (IEBC). The adoption of the 2015 International Existing Building Code (IEBC) is part of the adopting ordinance under consideration.
2015 International Residential Code – most new homes constructed will now require a minimum of ½” gypsum wallboard to the underside of all floors. This is mainly due to the fact that many new homes have floor structures constructed from open-web truss style joists or I-joists. These newer type joist systems do not perform as well as solid-sawn dimensional lumber joists (2”X10” or 2”X12” typically) under fire conditions.
2015 International Existing Building Code - The IEBC is a new code for the City of Clayton. The adoption of the IEBC becomes necessary now that the IBC has removed what was Chapter 34 that addressed the applicability of the building code for construction within an existing building. The IEBC outlines three levels of construction activity and the level of code compliance required for the various levels of construction. A brief summary of impact is as follows:
Level 1 – Minor work such as replacement of wall coverings, equipment and/or fixtures. Level 1 has very minor code requirements due to the limited scope of construction.
Level 2 – The reconfiguration of a space or the addition or deletion of windows or doors. In a high-rise building, if the construction work area exceeds 50% of the floor where the alteration occurs, the work area is required to have an automatic sprinkler system installed. An exception to the sprinkler requirement is provided if sprinkler protection cannot be obtained without the installation of a new fire pump; in that case smoke detection throughout the space is accepted as an alternative method of fire protection.
Level 3 – The alteration/s exceeds 50% of the building’s total floor area. In a high-rise building, an automatic sprinkler system would be required in the construction work area/s. 2015 International Mechanical Code (IMC) - Section 507.2 was amended to add an exception that addresses the type of exhaust hood and fire protection required for domestic cooking appliances (ranges normally found in a residential dwelling unit) when installed in a non-residential environment.
2015 International Fuel Gas Code (IFGC) - Modifications to the IFGC are simply administrative amendments to the model code.
2015 International Energy Conservation Code (IECC) -Modifications to the IECC are simply administrative amendments to the model code.
2015 International Property Maintenance Code (IPMC) -The IPMC has not been updated by adoption since the 2006 edition of the IPMC. Modifications to the IECC are simply administrative amendments to the model code and carry over changes from the previous code.
In addition to the actual Codes, contained in the ordinance are amendments that are designed to take into consideration circumstances and standards which are particular to Clayton. The amendments, therefore, allow for meeting Clayton’s individual needs while assuring that the City is utilizing a nationally recognized standard for Code implementation and enforcement.