City of Pleasant Valley, MO
Clay County
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Table of Contents
Table of Contents
[Ord. No. 284 §1, 9-21-1964; Ord. No. 754 §1, 6-7-1974; Ord. No. 1977 §1, 6-1-1998; Ord. No. 3024, 12-6-2010]
For the purposes of this Chapter, the following words and terms as used herein are defined to mean the following:
Words used in the present tense include the future; words in the singular number include the plural; and words in the plural include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory and not directory; the term "used for" includes the meaning "designed for" or "intended for".
ACCESSORY BUILDING OR USE
A subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.
AMUSEMENT PARK, CHILDREN'S
A group of not more than a total of twelve (12) amusement devices for children only, including pony rings, and their necessary accessory uses, located on a plot of ground with an area of not over three (3) acres, which area shall include provision for adequate off-street parking.
APARTMENT
A room or suite of rooms within an apartment house arranged, intended, or designed for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
APARTMENT HOTEL
An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
APARTMENT HOUSE
A building arranged, intended, or designed for more than four (4) families.
AUTO WRECKING
The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
BASEMENT
A story below the first story as defined under "story", counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
BASEMENT HOUSE
A basement house is a single floor residence which has more than twenty-five percent (25%) of the outer wall area below the mean level of the surrounding ground.
BLOCK
A piece or parcel of land entirely surrounded by public highways or streets. In cases where the platting is incomplete or disconnected, the Zoning Commission shall determine the outline of the block.
BOARDING HOUSE OR LODGING HOUSE
A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
BUILDING LINE
A line established in general parallel to the front street line between which line and the front street line, no part of a building shall project, except as otherwise provided.
COMMUNITY SEWERAGE
Shall be any sewage system designed or arranged to receive sewage from more than one (1) family and/or building.
CURB LEVEL
The mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest.
DEMOLITION LANDFILL
A permitted solid waste disposal area used for the controlled disposal of demolition wastes, construction materials, brush, wood wastes, soil, rock, concrete, and inert solids insoluble in water.
DWELLING
A building or portion thereof, designed exclusively for residential occupancy, but not hotels.
DWELLING, MULTIPLE
A building or portion thereof, arranged, intended, or designed for occupancy by three (3) or more families, with independent living quarters for each.
DWELLING, ONE-FAMILY
A detached building arranged, intended, or designed for occupancy by one (1) family.
DWELLING, TWO-FAMILY
A building arranged, intended, or designed for occupancy by two (2) families.
FAMILY
One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost-sharing basis.
FOSTER HOME
Shall include any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
GARAGE, COMMUNITY
A building or portion thereof, other than a public, private, or storage garage providing storage for motor vehicles with facilities for washing, but no other services; such garage to be in lieu of private garages within a block or portion of block.
GARAGE, PRIVATE
An accessory building for storage only of motor vehicles.
GARAGE, PUBLIC
A building or portion thereof, designed for use for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.
GARAGE, STORAGE
A building or portion thereof, except those defined as a private, a public, or a community garage providing storage for motor vehicles, with facilities for washing but no other services.
GROUP HOME
Shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
GROUP HOUSING PROJECT
A building project consisting of three (3) or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots, or where the existing or contemplated street or streets or lot layouts make it impracticable to apply the requirements of this Chapter to the individual building units in such housing projects.
HEIGHT OF BUILDINGS
The vertical distance measured from the highest of the following three (3) levels:
1. 
From the street curb level
2. 
From the established or mean street grade in case the curb has not been constructed
3. 
From the average finished ground level adjoining the building if it sets back from the street line
to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot, or to the mean height level of the top of the main plates and highest ridge for other roofs.
HEIGHT OF YARD
The vertical distance from the lowest level of such yard to the highest point of any boundary wall.
HOTEL
A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than fifteen (15) sleeping rooms, and no provisions for cooking in individual rooms.
INTERIOR ACCESS DRIVES
A drive located on land other than street right-of-way providing ingress and egress to and from said land.
JUNK YARD
A place where waste, discarded or salvaged metals, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled or cleaned, and places or yards for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel materials and equipment, but excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable conditions, salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.
LOT
A parcel of land occupied or to be occupied by one (1) building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces are required under this Chapter, and having its principal frontage upon a public street or a place.
LOT, BACK TO BACK
Lots or portions of lots shall be deemed "back to back" when they are on opposite sides of the same part of a rear line common to both, in whole or part, and the opposite street lines on which the lots front are parallel with each other or make an angle with each other of not more than forty-five (45) degrees.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Board of Aldermen.
LOT, INTERIOR
A lot whose side lines do not abut upon any street.
LOT, THROUGH
An interior lot having frontage on two (2) streets as distinguished from a corner lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT LINE, FRONT
The boundary between a lot and the street on which it fronts.
LOT LINE, REAR
The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Zoning Commission shall determine the rear line.
LOT LINE, SIDE
Any lot boundary line not a front or rear line thereof. A side line may be a part lot line, a line bordering on an alley or place or a side street line.
LOT DEPTH
The mean horizontal distance from the front street line to the rear line.
LOT WIDTH
The mean horizontal distance between side lines, measured at right angles to the depth.
MAJOR THROUGHFARE
Pleasant Valley Road or any road or highway maintained by the State of Missouri Highway and Transportation Department.
MOBILE HOME (INDEPENDENT)
A single-family, factory-built and factory-assembled dwelling, primarily designed for transportation, after fabrication, on the street and highways on its own wheels or on flat bed or other trailers, and arriving at the site where it is ready to be occupied as a dwelling complete and ready for occupancy, except for minor or incidental unpacking and assembly operation. The mobile home shall contain all necessary facilities for the storage, preparation and consumption of food; also a modern toilet, lavatory, bathtub or shower.
MOBILE HOME (DEPENDENT)
A mobile home which does not have a flush toilet, bath or shower.
MOBILE HOME PARK
A trailer park or any development, court, site or lot, parcel or tract of land designed or intended for the purpose of supplying a location or temporary accommodations for two (2) or more mobile homes and upon which any mobile home or mobile homes are parked, and shall include all buildings used, whether a charge is made for the use of the park and its facilities or not. "Mobile home park" shall not include sales office or sales lots on which unoccupied mobile homes are parked for the purpose of inspection or sale.
MOBILE HOME STANDARDS
This Chapter shall adopt the definitions and mobile home standards established and set forth by Sections 700.010 through 700.085, Missouri Revised Statutes, inclusive, effective January 1, 1974, and as from time to time amended by the Legislature of the State of Missouri.
NON-CONFORMING USE, BUILDING OR YARD
A use, building or yard which does not, by reason of design, use, or dimensions, conform to the regulations of the district in which it is situated. It is a legal non-conforming use if it is in existence and legal on the date when this Zoning Code or any amendment thereto become effective prohibiting such use, but which nevertheless continues unaffected by such ordinance or amendment thereto. It is an illegal non-conforming use if established after the passage of this Chapter, (September 21, 1964), or any amendment hereto and not otherwise approved as provided herein.
PLACE
An open, unoccupied space other than a street or alley at least ten (10) feet in width permanently established or dedicated as the principal means of access to property abutting thereon.
SALVAGE YARD
A place where used parts of automobile or other equipment are collected and processed for resale.
SCREEN (OR SCREENING)
A wall, solid fence, vegetation, etc., that obscures from view items that are otherwise inappropriate, a nuisance, unsightly, or as further required by the City Code.
SHARED ACCESS DRIVE
A drive located on land other than street right-of-way providing ingress and egress to and from no more than two (2) single-family dwellings.
SOLID WASTE
Garbage, refuse and other discarded materials including but not limited to, solid and semisolid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities but not including hazardous waste.
SOLID WASTE DISPOSAL AREA
Any area used for the disposal of solid waste from more than one (1) residential premises, or one (1) or more commercial, industrial, manufacturing, recreational or governmental operations.
STABLE, PRIVATE
An accessory building for the keeping of horses, ponies, mules or cows, owned by occupants of the premises, and not kept for renumeration, hire, exhibition, or sale.
STABLE, PUBLIC
A stable other than a private or riding stable as defined herein.
STABLE, RIDING
A structure in which horses, ponies, or mules, used exclusively for pleasure riding or driving, are housed, boarded, or kept for hire; including riding track or academies.
STORY
The part of a building included between the surface of any floor and the surface of the floor next above, or, if there be no floor above, then the space between such floor and the ceiling next above it. A "top story attic" is a half story when two (2) of its opposite sides situated in a sloping roof, and floor area of which does not exceed two-thirds (⅔) of the floor area immediately below it.
STREET OR ROAD
A public thoroughfare which affords principal means of access to property abutting thereon.
STREET LINE
The dividing line between the street and the abutting property.
STRUCTURE
Any thing constructed or erected, which requires locating on the ground, or attached to something having a location on the ground; including, but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
STRUCTURAL ALTERATION
Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, but not including extension or enlargement.
TRAILER
Any automobile trailer, trailer coach, camper, house car, or any vehicle or structure so designed and constructed as to permit occupancy thereof as a temporary or permanent dwelling or sleeping quarters for one (1) or more persons, and so designed or constructed that it may be mounted on wheels or moved by the use of any device and used as a conveyance on major or State highways, country roads or City streets, propelled or drawn by its own or other motive powers.
TOURIST CABIN OR MOTEL
A tract or parcel of land upon which two (2) or more tourist cabins are located.
VARIANCE
A modification or variation of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.
YARD, FRONT
An open space, unoccupied except as herein after provided, on the same lot with a building, between the wall of the building nearest the street on which the lot fronts and the line of the wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard shall be the distance between the nearest point of the street wall of the building and the front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front line of a corner lot shall be adjacent to that street on which the lot has its least dimension, unless otherwise designated by the Board of Aldermen.
YARD, LEAST DIMENSION
The least of the horizontal dimensions at any level of such yard at such level.
YARD, REAR
An open space, unoccupied, except as hereinafter provided, on the same lot with a building, between the rear line of a building and that line extended, the side lines of the lot and the rear line of the lot. Where no rear line exists, a line parallel to the front street line and a distance as far as possible therefrom entirely on such lot and not less than ten (10) feet long shall be deemed the rear line. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot, or that line produced, measured at right angles to the rear line of the lot.
YARD, SIDE
An open space, unoccupied, except as hereinafter provided, on the same lot with a building, situated between the building and the side line of the lot and extending through from the front yard to the rear yard.
ZONING ADMINISTRATOR
The Director of Public Works is hereby appointed as Zoning Administrator and shall enforce the provisions of Chapters 400, 405, 410, 415 and 420.
[Ord. No. 3256, 5-15-2017; Ord. No. 3356, 10-7-2019; Ord. No. 3358, 11-4-2019]
[Ord. No. 284 §2, 9-21-1964]
This Chapter shall be known and may be cited as the "Zoning Code" of Pleasant Valley, Missouri.
[Ord. No. 284 §3, 9-21-1964; Ord. No. 754 §1, 6-7-1974]
For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, or use of buildings, structures of land, the City of Pleasant Valley is hereby divided into Districts as follows:
District "R-1" — One-Family Dwelling District.
District "R-2" — Two-Family Dwelling District.
District "R-3" — Three- and Four-Family Dwelling District.
District "R-4" — Apartment House District.
District "C-1" — Local Business District.
District "C-2" — General Business District.
District "C-3" — Intermediate Business District.
District "M-1" — Light Industrial District.
District "M-2" — Heavy Industrial District.
District "MHP" — Mobile Home Parks.
[Ord. No. 284 §4, 9-21-1964]
A. 
Boundaries of the districts, as enumerated in Section 400.030 of this Chapter, are hereby established as shown on a map prepared for that purpose, which map is hereby designated as the Use District Map; and said map and all the notations, references and information shown thereon is hereby made as much a part of this Chapter as if the same were set forth in full herein. It shall be the duty of the City Clerk to keep on file in its office an authentic copy of said map, and all changes, amendments, or additions thereto.
B. 
Whenever any street is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such street.
[Ord. No. 284 §5, 9-21-1964]
A Board of Zoning Adjustment is hereby established in accordance with the provisions of Chapter 89, Missouri Revised Statutes, 1949, regarding the zoning of cities. The word "Board", when used in this Chapter, shall be construed to mean the Board of Zoning Adjustment. The powers and duties of the Board are enumerated in Section 400.290. The Board shall consist of five (5) members who shall be residents appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board of Zoning Adjustment shall be for five (5) years, excepting that the five (5) members first (1st) appointed shall serve respectively for terms of one (1) year, two (2) years; three (3) years; four (4) years; and five (5) years: thereafter members shall be appointed for terms of five (5) years each. The members shall elect their own Chairman, who shall serve for one (1) year. A member shall serve until his/her successor is duly appointed and qualified. Vacancies shall be filled for the unexpired term only. Members shall be removable for cause by the Mayor and Board of Aldermen upon written charges and after public hearing.
[Ord. No. 284 §6, 9-1-1964; Ord. No. 1461 §3, 11-6-1989]
A. 
Except as hereinafter provided:
1. 
No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.
2. 
No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit herein established for the district in which such building or structure is located.
3. 
No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.
4. 
No mobile home (independent) or mobile home (dependent) is permitted except as otherwise provided for in an area specifically designed as a mobile home park.
[Ord. No. 3083, 2-18-2013]
For all zoning districts established and governed by the Zoning Code of Pleasant Valley, all municipal public buildings and facilities and public educational buildings and facilities shall be permitted as a matter of right and any of the requirements and restrictions set by the Zoning Code for the district in which such building or facility is situated, including, but not limited to, restrictions pertaining to use, setback, or height, shall not apply.
[Ord. No. 284 §7, 9-21-1964; Ord. No. 1575 §1, 9-3-1991; Ord. No. 2655 §§2 — 3, 4-20-2004; Ord. No. 3025, 12-6-2010; Ord. No. 3027, 12-6-2010]
A. 
Permitted Uses. In District "R-1" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses: (For exceptions see Section 400.180, "Non-Conforming Uses"; and Section 400.290, "Powers and Duties of the Board of Zoning Adjustment").
[Ord. No. 3182 §1, 8-26-2015]
1. 
Dwellings, one-family.
2. 
Churches and publicly owned and operated community buildings, public museums, public administrative building and public libraries, if located in accordance with at least one (1) of the following:
a. 
On a lot already devoted to the use for which building permit is requested.
b. 
On a lot having a side line common to a public park, playground, or cemetery, or directly across a street from any one (1) or combination of said uses.
c. 
On a corner lot having a minimum of one hundred (100) feet frontage.
d. 
On a lot three (3) sides of which adjoin streets.
e. 
On a lot approved by the Planning and Zoning Commission, following public hearing, as being a location where such building will not materially injure neighboring property for residential use.
3. 
Public parks and playgrounds, including public recreation or service buildings within such parks; police and fire stations.
4. 
Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5. 
Private country clubs, golf courses, and clubhouses appurtenant thereto, (except miniature golf courses, driving ranges and other similar activities operated as a business).
6. 
Railroad rights-of-way, not including railroad yards.
7. 
Agriculture.
8. 
Nurseries, and truck gardens limited to the propagation and cultivation of plants; provided no retail or wholesale business shall be conducted upon the premises, and provided that no obnoxious soil or fertilizer renovation is conducted thereon. Greenhouses may be constructed upon approval of the Planning and Zoning Commission under such regulations as the Commission may impose as to size, location, or other conditions.
9. 
Accessory uses, including automobile parking areas, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business or industry.
a. 
(Reserved)
b. 
A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except that the placing of an illuminated "For Sale" or "For Rent" sign not more than eight (8) square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a building one (1) non-illuminated sign showing the names of contractors or architects for such buildings shall be permitted, providing such sign shall not be more than eight (8) feet square in area, and shall not be set more than five (5) feet in front of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
c. 
For any dwelling house there shall be permitted one (1) private garage with space for not more than one (1) motor vehicle for each two thousand (2,000) square feet of lot area, servants' quarters or an accessory building, provided that such garage, servants' quarters or accessory building shall be located not less than sixty (60) feet from the front lot line, nor less than six (6) feet from any side or rear lot line. In the case of corner lots, not less than the distance required for residences from side streets; and further provided that such servants' quarters shall be occupied only by servants employed on the premises. A garage, servants' quarters or accessory building constructed as an integral part of the main building shall be subject to the regulation affecting the main building, except that on a corner lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than eighteen (18) feet from the rear lot line, and shall not occupy more than thirty percent (30%) of the required rear yard. No part of a detached garage, servants' quarters or accessory building shall be closer than ten (10) feet to the main building.
d. 
Stables — private stables. A detached accessory building for the housing or horses, ponies or mules owned by the occupants of the premises and not kept for renumeration, hire or sale. A private stable, if located not less than one hundred (100) feet from a center street line nor less than fifty (50) feet from a side or rear lot line. It shall provide capacity for not more than one (1) horse, mule, or pony for each ten thousand (10,000) square feet of lot area, but no more than a total of two (2) of the above mentioned animals shall be allowed. Twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet of lot area. No such fowl shall be kept or housed nearer than one hundred (100) feet from the front lot line or thirty (30) feet from any side or rear lot line.
e. 
Community garages may be permitted by the Board. Such community garages may provide facilities for washing cars; and access thereto, if from the street shall be by not more than one (1) driveway. Such garages shall be at least six (6) feet from any party lot line and shall be set back from any front or side street line at least ten (10) feet more than would be required for a dwelling house in the same location, and shall be not over one (1) story or sixteen (16) feet high. No commercial vehicle of more than two and one-half (2½) tons capacity shall be housed in any such community garage.
f. 
Temporary buildings such as real estate offices, contractors' sheds and buildings of like character will be permitted during the construction of buildings or sale of property, but not to exceed six (6) months, approval to be obtained from the Board of Aldermen.
g. 
A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation; provided that the articles produced or constructed are not sold either on or off the premises, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.
h. 
Private swimming pools having a water depth of two (2) feet or more, provided the following conditions are met:
(1) 
If located not less than ten (10) feet away from any rear or side line, and in the case of corner lots, not less than fifteen (15) feet from a side street line and at least twenty (20) feet from a principal building on an adjoining lot.
(2) 
No private swimming pool shall extend forward of the established building line.
(3) 
If located in the side yard, it shall not be less than sixty (60) feet from the front line, and it shall be fifteen (15) feet from the side line.
(4) 
The swimming pool area shall be entirely enclosed and separated from the remainder of the property by a protective fence or other permanent structure at least four (4) feet in height.
(5) 
The pool installation must comply with the City Sanitary and Plumbing Codes.
(6) 
Such protective enclosure shall be maintained by locked gates or entrances when the pool is not tended by a qualified and responsible person.
i. 
Home occupations are permitted in residential districts provided such use meets the following requirements:
(1) 
No outdoor storage of materials.
(2) 
No parking of commercial vehicles or commercial deliveries.
(3) 
No patrons or any other evidence of the occupation will be discernible at the perimeter of the property.
(4) 
The occupation will not produce any obnoxious or offensive vibration, noise, odor, dust, smoke or fumes.
(5) 
No signs advertising the occupation may be erected on the property.
(6) 
The residential appearance of the dwelling shall not be changed by alterations of additions for business or commercial uses and the business shall not occupy more than twenty-five percent (25%) of the total floor area.
(7) 
Such home occupation shall be carried on exclusively by members of the family actually residing in the dwelling, and no persons not residing in such dwelling shall be employed in or assist in such home occupation.
(8) 
The person proposing to conduct a home occupation has obtained an occupation license as required for the business to be conducted and has submitted to the City Clerk an application form agreeing to compliance with these standards.
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (B) regarding Conditional Uses, was repealed 5-15-2017 by Ord. No. 3256
C. 
Dimensions Of Lots And Yards. In District "R-1" the height of the buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: (For exceptions see Section 400.200, "Height and Area Exceptions").
1. 
Height. Buildings or structures shall not exceed thirty-five (35) feet, and shall not exceed two and one-half (2½) stories in height.
2. 
Front yards. The front yards in these districts shall have a minimum depth, not less than thirty (30) feet.
3. 
Side yards.
a. 
There shall be a side yard on each side of every building, except an accessory building, with a minimum width of not less than ten percent (10%) of the width of the lot, but need be no more than ten (10) feet. Such side yard shall not be less than six (6) feet.
b. 
On a corner lot, the side yard regulation shall be the same as for interior lots, except in the case of reversed frontage where interior lots have been platted or sold fronting on the side street. In this case, there shall be a side yard on the street side of the corner lot not less than one-half (½) of the front yard required in Subparagraph (a) above.
4. 
Rear yard.
a. 
Minimum of thirty (30) feet in depth.
b. 
Attached accessory building limited to twenty-five percent (25%) of area of the rear yard.
5. 
Width of lot. The minimum width of a lot for residential development shall be seventy-five (75) feet from a rectangular lot and not less than seventy-five (75) feet at the front building line for lots whose side lines are radial to curved streets and the depth of the lot shall not be less than one hundred sixty-five (165) feet, except in an unusual situation. Excessive depth in relation to width shall be avoided.
6. 
Lot area. No building shall be erected, altered or enlarged to accommodate or make provision for less than a minimum twelve thousand five hundred (12,500) square feet of lot area per family, when connected to a public sewer system, subject to approval by the Board of Aldermen of Pleasant Valley and the City Sanitation Engineer.
D. 
Parking Regulations. (See Sections 400.220 — 400.260 for "Off-Street Parking Regulations").
[Ord. No. 284 §8, 9-21-1964]
A. 
Permitted Uses. In District "R-2" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one (1) or more of the following uses: (For exceptions see Section 400.180, "Non-Conforming Uses" and Section 400.290, "Powers and Duties of the Board of Zoning Adjustment").
1. 
Any use permitted in District "R-1".
2. 
Dwellings, two-family.
3. 
Accessory uses as provided in District "R-1", except that in District "R-2" a private garage may provide space for not more than one (1) motor vehicle for each one thousand five hundred (1,500) square feet of lot area.
B. 
Dimensions Of Lots And Yards. In District "R-2" the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section 400.200, "Height and Area Exceptions").
1. 
Height. Same as District "R-1".
2. 
Front yards. Same as District "R-1".
3. 
Side yards. Same as District "R-1", including regulations for corner lots adjacent to reversed frontage.
4. 
Rear yards. Same as District "R-1".
5. 
Width of lot. Same as District "R-1".
6. 
Lot area per family. No building shall be erected, altered or enlarged to accommodate or make provision for less than the following number of square feet of lot area per family.
a. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (B)(6)(a), regarding square footage required when connected to a septic tank and sand filter disposal system discharging directly into a natural drain, was repealed 8-26-2015 by Ord. No. 3182.
b. 
When connected to a public sewer system a minimum of ten thousand (10,000) square feet for one (1) family dwelling and three thousand (3,000) square feet for each additional family subject to approval of the Board of Aldermen of Pleasant Valley and the City Sanitary Engineer.
C. 
Parking Regulations. (See Sections 400.220 — 400.260 for "Off-Street Parking Regulations").
[Ord. No. 284 §9, 9-21-1964]
A. 
Dimensions Of Lots And Yards.
1. 
Height. Same as District "R-1".
2. 
Front yards. Same as District "R-1".
3. 
Side yards. Same as District "R-1", including regulations for corner lots adjacent to reversed frontage.
4. 
Rear yards. Same as District "R-1".
5. 
Width of lot. Same as District "R-1".
6. 
Lot area per family. No building shall be erected, altered or enlarged to accommodate or make provision for less than the following number of square feet of lot area per family.
a. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (B)(6)(a), regarding square footage required when connected to a septic tank and sand filter disposal system discharging directly into a natural drain, was repealed 8-26-2015 by Ord. No. 3182.
b. 
When connected to a public sewer system a minimum of ten thousand (10,000) square feet for one (1) family dwelling and three thousand (3,000) square feet for each additional family subject to approval of the Board of Aldermen of Pleasant Valley and the City Sanitary Engineer.
B. 
Parking Regulations. (See Sections 400.220 — 400.260 for "Off-Street Parking Regulations").
[Ord. No. 284 §10, 9-21-1964]
A. 
Permitted Uses. In District "R-4" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses: (For exceptions see Section 400.180, "Non-Conforming Uses"; and Section 400.290, "Powers and Duties of the Board of Zoning Adjustment").
1. 
Any use permitted in District "R-3".
2. 
Apartment houses or multiple dwellings.
3. 
Boarding and lodging houses.
4. 
Fraternity or sorority houses and dormitories.
5. 
Hotels or apartment hotels.
6. 
Hospitals, sanitariums or homes for convalescents or aged, other than for the insane or feeble minded or alcoholics or drug addicts.
7. 
Private clubs or fraternal orders, except those whose chief activity is carried on as a business.
8. 
Philanthropic or eleemosynary institutions, other than penal institutions.
9. 
Accessory uses customarily incident to any of the above uses, and located on the same lot, not involving the conduct of a business or industry.
a. 
There shall be permitted such facilities as are required for the operation of a hotel or apartment hotel, when conducted and entered from within the building, providing no window or other display or sign on the exterior of the building is used to advertise such use.
b. 
Private or storage garages, located as provided in District "R-1" for private garages, may provide space for not more than one (1) motor vehicle for each one thousand five hundred (1,500) square feet of lot area. No business occupation or service connected with motor vehicles, except washing, shall be permitted. The same provisions regarding community garages applies as in District "R-1".
B. 
Dimensions Of Lots And Yards. In District "R-4" the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section 400.200, "Height and Area Exceptions").
1. 
Height. Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height.
2. 
Front yards. Same as District "R-1".
3. 
Side yards. Same as District "R-1", including regulations for corner lots adjacent to reversed frontage, provided the width shall be increased one (1) foot for each of height of building above thirty-five (35) feet.
4. 
Rear yards. Same as District "R-1".
5. 
Width of lot. Same as District "R-1".
6. 
Lot area per family. No building shall be erected, altered or enlarged to accommodate or make provision for less than the following number of square feet of lot area per family.
a. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (B)(6)(a), regarding square footage required when connected to a septic tank and sand filter disposal system discharging directly into a natural drain, was repealed 8-26-2015 by Ord. No. 3182.
b. 
When connected to a public sewer system the area per family on the ground floor shall be ten thousand (10,000) square feet for the first family and three thousand (3,000) square feet for each additional family, subject to approval of the Board of Aldermen of Pleasant Valley and the City Sanitary Engineer. The basement must not be used for living quarters and the upper floors shall not have more units than the ground floor.
C. 
Parking Regulations. (See Sections 400.220 — 400.260 for "Off-Street Parking Regulations").
[Ord. No. 284 §11, 9-21-1964; Ord. No. 754 §1, 6-7-1974; Ord. No. 3182 §1, 8-26-2015; Ord. No. 3183 §1, 11-2-2015]
A. 
Permitted Uses. In District "C-1" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses: (For exceptions see Section 400.180. "Non-Conforming Uses", and Section 400.290, "Powers and Duties of the Board of Adjustment").
1. 
Any use permitted in District "R-4."
2. 
Art and crafts studios.
3. 
Banks and financial institutions, including automatic teller machines and drive-thru facilities.
4. 
Bars, microbrewery pubs, taverns and other drinking establishments.
5. 
Bowling alley, skating rink, assembly halls, indoor movie theaters, indoor sports and recreation, arcades and game rooms.
6. 
Business support services.
7. 
Churches.
8. 
Commercial off street parking adjacent to the business it is related to, for passenger cars only, no storage or loading/unloading allowed.
9. 
Community center and clubhouses for non-profit and for-profit organizations.
10. 
Computer sales and service.
11. 
Consumer convenience services.
12. 
Consumer repair services.
13. 
Convenience stores, gas stations, travel centers.
14. 
Day care services.
15. 
Drug stores, pharmacies, department stores.
16. 
General retail sales and rental of goods, merchandise and equipment, except the sales or rental of automobiles, trailers, trucks, tractors, construction and other heavy equipment.
17. 
Government buildings, public schools, private schools, trade schools, business colleges, or other specialty schools.
18. 
Grocery stores, bakeries, meat markets.
19. 
Hardware, home improvement, builder supply stores, outside storage must be adequately screened with landscaping, fencing or walls.
20. 
Hospitals, clinics, dental laboratories and similar medical service facilities.
21. 
Library, museum, art gallery, and similar uses.
22. 
Liquor stores.
23. 
Office buildings to be used for professional and administrative functions of companies, corporations, social or philanthropic organizations or societies.
24. 
Offices, clerical, research and services not related to goods and merchandise, such as offices of attorneys, physicians, engineers, accountants, insurance agents, stockbrokers, travel agents, telecommunications services, internet services and government.
25. 
Personal services such as barber or beauty shop, tailoring, shoe repair, and other similar uses.
26. 
Public and private parks, including golf courses.
27. 
Restaurants, including drive-thru.
28. 
Stores, shops and markets for retail trades, provided merchandise is not displayed, stored or offered for sale on the premises outside of a building.
29. 
Wireless communications facilities.
30. 
Other retail and service businesses not of the character mentioned above and not included in any other classification subject to approval by the Planning and Zoning Commission.
31. 
Accessory uses customarily incident to any of the above uses, including air-conditioning plants, ice and refrigerating plants, purely incidental to a main activity permitted on the premises, and when operated by electricity or gas.
B. 
Dimensions Of Lots And Yards. In District "C-1" the height of the buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: Provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of District "R-4." (For exceptions see Section 400.200, "Height and Area Exceptions").
1. 
Height.
a. 
Buildings or structures shall not exceed two and one-half (2 1/2) stories and shall not exceed thirty-five (35) feet in height, unless adjacent to and in the same block with District "R-4," in which case the height regulations of these districts shall govern.
b. 
There shall be no limit on height if the building is set back from all property lines and street or highway lines a distance greater than the maximum height of the building.
2. 
Front yards. All buildings shall set back a minimum of thirty (30) feet from the front line; front yards and all other areas may be used for parking.
3. 
Side yards. No side yard is required except that where a side line of a lot in this District abuts upon the side line of a lot in a District "R-1" to "R-4" inclusive, a side yard of not less than ten (10) feet shall be provided.
4. 
Rear yards. Same as District "R-1."
5. 
Width of lot. The minimum width of a lot shall be seventy-five (75) feet, if used exclusively for uses enumerated in Districts "R-1" to "R-4" inclusive, except as otherwise provided in District "R-1."
6. 
Lot area. Residential construction shall meet the area requirements in Districts "R-1" through "R-4." Commercial construction area requirements must be approved by the Planning and Zoning Commission prior to building for each type of construction and/or business.
C. 
Parking Regulations. (See Section 400.220 — 400.260 for "Off-Street Parking Regulations").
[Ord. No. 284 §12, 9-21-1964; Ord. No. 754 §1, 6-7-1974; Ord. No. 3182 §1, 8-26-2015; Ord. No. 3183 §1, 11-2-2015]
A. 
Permitted Uses. In District "C-2" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses: (For exceptions see Section 400.180, "Non-Conforming Uses", and Section 400.290, "Powers and Duties of the Board of Adjustment").
1. 
Any use permitted in District "C-1."
2. 
Any storage, manufacturing, processing, assembly, packaging, servicing, testing or repair of goods and materials, and business and sales offices accessory thereto.
3. 
Automotive repair and body shops.
4. 
Breweries and wineries.
5. 
Car wash.
6. 
Construction/Contractors office, retail sales only, no outdoor storage of materials, including all trades, electrical, plumbing, HVAC, etc.
7. 
Funeral homes.
8. 
Greenhouses, nurseries, garden stores, landscaping supply, on-premises sales permitted.
9. 
Health and fitness centers, including dance studios and training centers.
10. 
Hotels and motels.
11. 
Laundry and dry cleaning, carpet cleaning services.
12. 
Magazine and newspaper publishers.
13. 
Monument sales, outside storage permitted.
14. 
Nursing care facilities.
15. 
Personal self-service storage facilities, including moving products and service, upon approval of the Planning and Zoning Commission after a public hearing, provided the property is located upon a designated traffic way and all vehicular access thereto is from the designated traffic way or from a street which is zoned for business or industry, within the same block, and not from a side street which is primarily a residential street, and also, provided that property is sufficiently large to permit the maneuvering and parking of trucks and cars entirely off the street and on a paved (hard-surfaced) area. Open parking and maneuvering areas shall be bordered along the street frontage by a permanent hedge, wall, or fence at least three (3) feet in height. No parking shall be permitted within four (4) feet of such hedge, wall or fence, and bumper guards shall be provided to prevent damage to such hedge or structure. Where the property adjoins a Residential Zone, such parking and maneuvering area shall be screened from the Residential District by shrubbery or a fence at least six (6) feet in height. Any lights used for illuminating the parking and maneuvering areas shall be so placed as to reflect away from any residential property.
16. 
Pest control services, electrical, plumbing, HVAC and general contractor offices and shops, small manufacturing operations that serve a retail or general sales outlet in the same premises such as picture frame manufacturing, repair and sales, cabinetmakers, printing shops, sign shops, home decor product manufacturing and other similar, low impact manufacturing operations that primarily serve a retail outlet at the same location.
17. 
Public pools.
18. 
Veterinarian and grooming services.
19. 
Accessory uses customarily incident to the above uses.
a. 
No machinery employed as an accessory operation to any of the above uses or for the manufacture of articles to be sold at retail on the premises shall create any noise in excess of that of normal daily traffic measured at the boundaries of the premises, and no vibration or odor generated by such uses shall be perceptible at the boundaries of the premises.
b. 
Flood lights and/or lights which illuminate open areas in connection with any of the uses listed above shall be so arranged as to reflect the light away from any adjoining residential property, and the intensity shall not exceed two tenths (0.2) lumens of light per square foot, measured at any property line.
20. 
Any retail business or use of a similar character of those listed above and not included in Districts "C-3," "M-1" and "M-2," provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas, subject to approval of the Planning and Zoning Commission.
B. 
Dimensions Of Lots And Yards. In District "C-2" the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows, provided that buildings erected for dwelling purposes exclusively, shall comply with the front, side and rear yard requirements of District "R-3." (For exceptions see Section 400.200, "Height and Area Exceptions").
1. 
Height.
a. 
Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height.
b. 
There shall be no limit on height if the building is set back from all property lines and street or highway lines a distance greater than the maximum height of the building.
2. 
Side yards. Same as District "C-1."
3. 
Rear yards. Same as District "C-1."
4. 
Width of lot. Same as District "C-1."
5. 
Lot area per family. Same as District "C-1."
C. 
Parking Regulations. (See Sections 400.220 — 400.260 for "Off-Street Parking Regulations").
[Ord. No. 284 §13, 9-21-1964; Ord. No. 754 §1, 6-7-1974; Ord. No. 3182 §1, 8-26-2015; Ord. No. 3183 §1, 11-2-2015]
A. 
Permitted Uses. In District "C-3" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses: (For exceptions see Section 400.180, "Non-Conforming Uses," and Section 400.290, "Powers and Duties of the Board of Adjustment"). District "C-3" is for the more intensive commercial activities of the City lying outside of the Central Business District but not including industrial activities. The District is designed for major secondary shopping areas or other areas involving mixed retail and wholesale commercial activity.
1. 
Any use permitted in District "C-2."
2. 
Accessory uses customarily incident to the above uses.
B. 
Dimensions Of Lots And Yards.
1. 
In District "C-3," the height of the buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of District "R-4" (for exceptions, see Section 400.200):
a. 
Height. Buildings or structures shall not exceed three (3) stories and shall not exceed forty-five (45) feet in height.
b. 
Front yards. There need be no front yard in this District except for residential structures.
c. 
Side yards. There need be no side yard in this District except for residential structures.
d. 
Rear yards. Same as for District "C-1."
2. 
In a District "C-3" the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of District "R-3." (For exceptions see Section 400.200. "Height and Area Exceptions.")
a. 
Height.
(1) 
Buildings or structures shall not exceed six (6) stories and shall not exceed seventy-five (75) feet in height.
(2) 
There shall be no limit on height if the building is set back from all property lines and street or highway lines a distance greater than the maximum height of the building.
b. 
Front yards. Same as District "C-1."
c. 
Side yards. Same as District "C-1."
d. 
Rear yards. Same as District "C-1."
e. 
Width of lot. Same as District "C-1."
f. 
Lot area per family. Same as District "C-1."
C. 
Parking Regulations. (See Sections 400.220 — 400.260 for "Off-Street Parking Regulations").
[Ord. No. 284 §14, 9-21-1964; Ord. No. 754 §1, 6-7-1974; Ord. No. 3182 §1, 8-26-2015; Ord. No. 3183 §1, 11-2-2015]
A. 
Permitted Uses. In District "M-1" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except, for one (1) or more of the following uses: (For exceptions see Section 400.180. "Non-Conforming Uses", and Section 400.290, "Powers and Duties of the Board of Adjustment").
1. 
Any use permitted in District "C-3."
2. 
Agricultural implement sales and service.
3. 
Any establishment which provides supplies and/or services primarily to commercial or industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmith or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments.
4. 
Any establishment which provides supplies and/or services primarily to commercial and industrial customers, such as sign shops, janitorial services, packaging or shipping, printing, publishing, blueprinting, and similar uses.
5. 
Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods, products or food products and business and sales offices accessory thereto.
6. 
Auction sales, flea markets and swap meets.
7. 
Drive-in theaters.
8. 
Feed stores.
9. 
Heavy equipment and machinery, commercial truck and tractor sales, rental and service.
10. 
Heavy machinery and equipment sales, rental and service.
11. 
Kennels.
12. 
Manufactured home sales and rental, but not including the use of manufactured homes as a residence.
13. 
Motor freight terminals.
14. 
New and used automobile, recreational vehicle, motorcycle sales, boats and service facilities, excluding the wrecking of motor vehicles.
15. 
Saw mills.
16. 
Television and radio studios with transmitting facilities.
17. 
Tow and wrecking service.
18. 
Truck washing services.
19. 
Warehouses, storage and distribution centers.
20. 
Manufacture of any similar character that is herein listed, other than specified in District "M-2," or any building or use not included within District "M-2," provided such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas, subject to approval by the Planning and Zoning Commission.
21. 
Accessory uses customarily incident to any of the above uses.
a. 
Public stables. A stable other than a private stable or riding stable as defined herein. This shall include stables maintained by clubs or associations operated exclusively for the purpose of promoting interest in horses.
(1) 
No single building shall house more than six (6) animals. No building shall be more than eighty (80) feet in length or more than twenty-five (25) feet in width or more than twenty-five (25) feet in height. All buildings used for the housing of animals must be set back one hundred (100) feet from all centerlines of public streets, roads or highways and must not be located closer than fifty (50) feet from a side or rear property line, except that this distance can be reduced to as little as thirty (30) feet if written consent is obtained from the owner of the adjacent property and such consent is filed with the Planning and Zoning Commission. Any building used for the housing of animals must be not less than twenty (20) feet from any other building, regardless of the purpose for which the other building is used.
(2) 
Any building used for the housing of animals must be not less than thirty (30) feet from a building used as a dwelling. No dwelling quarters are to be maintained in a building used as a stable.
(3) 
A minimum of ten thousand (10,000) square feet of property area must be provided for each of the first two (2) animals maintained on the property and five thousand (5,000) square feet for each additional animal.
b. 
Riding stables. A structure in which horses, mules or ponies used exclusively for pleasure, riding or driving are housed, boarded or kept for hire, including riding tracks or academies.
(1) 
Riding stables shall be subject to the same restrictions as those which apply to public stables.
(2) 
Riding stables, operated for profit, shall provide a riding ring upon premises. Such ring shall be fenced in such a way as to afford reasonable protection to the rider and shall be subject to the approval of the Planning and Zoning Commission.
(3) 
Riding schools or individuals giving riding instruction for pay shall not use the public roads, streets or highways for such instruction.
(4) 
The operation of a riding stable or the giving of riding instruction is considered a business within the meaning of this Chapter. An occupation license must be secured for each such occupation and they must be conducted in an area zoned for business.
B. 
Dimensions Of Lots And Yards. In District "M-1" the height of buildings, minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot, shall be as follows, provided that buildings erected for dwelling purposes exclusively shall comply with the front, side and rear yard requirements of District "R-3." (For exceptions see Section 400.200, "Height and Area Exceptions").
1. 
Height.
a. 
Buildings or structures shall not exceed seventy-five (75) feet and shall not exceed six (6) stories in height.
b. 
There shall be no limit on height if the building is set back from all property lines and street or highway lines a distance greater than the maximum height of the building.
2. 
Front yards. Same as District "C-1."
3. 
Side yards. Same as District "C-1."
4. 
Rear yards. Same as District "C-1."
5. 
Width of lot. Same as District "C-1."
6. 
Lot area per family. Same as District "C-1."
C. 
Parking Regulations. (See Sections 400.220 — 400.260, "Off-Street Parking Regulations").
[Ord. No. 284 §15, 9-21-1964; Ord. No. 3183 §1, 11-2-2015]
A. 
Permitted Uses. In District "M-2" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses: (For exceptions see Section 400.180, "Non-Conforming Uses", and Section 400.290, "Powers and Duties of the Board of Adjustment").
1. 
Any use permitted in District "M-1," except dwelling houses, clubs, hotels, educational and institutional uses, provided that the necessary watchman, caretakers, etc., will be permitted to live on the premises of industrial plants.
2. 
Adult entertainment.
3. 
Electric generation plants, electric utility maintenance yard.
4. 
Junk yards enclosed within a solid fence or wall at least eight (8) feet high.
5. 
Manufactured or modular home manufacturing.
6. 
Manufacturing, mixing, and production of paving, roofing and other construction materials, including concrete and asphalt manufacturing and mixing plants.
7. 
Quarries and central missing plants for concrete, asphalt and paving materials.
8. 
Scrap and salvage yards, automobile wrecking yards, provided that no such use shall be located within five hundred (500) feet of any residence or residential district.
9. 
Any other uses not now or hereafter prohibited by ordinance of the City of Pleasant Valley regulating nuisances, except that the following uses will be permitted only by approval of the Board of Aldermen after report from the Health Department, Fire Department, and City Planning and Zoning Commission.
a. 
Acid manufacture, provided that no such facility shall be located within five hundred (500) feet of any residence.
b. 
Distillation of bones.
c. 
Fertilizer manufacture and storage.
d. 
Explosives manufacture or storage. All explosives manufacture or storage shall also be subject to the minimum requirements and regulations of the Bureau of Alcohol, Tobacco and Firearms Publication ATFP 5400.7 and any subsequent amendments.
e. 
Gas manufacture.
f. 
Garbage, offal or dead animal reduction or dumping.
g. 
Landfills, recycling centers, transfer stations and trash service companies.
h. 
Manufacturing and storage of products, including, but not limited to, gas, solid or liquid flammable or corrosive materials.
i. 
Manufacturing of products using hazardous substances.
j. 
Manufacturing of metal, wire and metal or wire products.
k. 
Recycling or reprocessing of plastics, glass, paper, cardboard, metals, batteries and tires.
l. 
Paper or pulp manufacture.
m. 
Petroleum or its products (refining of).
n. 
Smelting of tin, copper, zinc, or iron ores. Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and non-ferrous metals.
o. 
Solid waste transfer stations or recycling station where all materials are contained in an enclosed trailer or building; composting plants.
p. 
Stock yards.
q. 
Wholesale storage of gasoline and L.P. gas.
10. 
Demolition landfill provided that:
a. 
All access to the site shall be directly from a major thoroughfare.
b. 
The property shall have a frontage of at least two hundred (200) feet along a major thoroughfare.
c. 
The property shall be screened from adjacent non-residential property by a solid fence at least six (6) feet in height.
d. 
The property shall be screened from adjacent residential property by a solid fence at least eight (8) feet in height.
e. 
Access to the property shall be by a gate which shall be locked during non-business hours.
f. 
The boundaries of the landfill shall be set back a minimum of three hundred (300) feet from the boundary of a residentially zoned district.
g. 
The applicant shall submit a site plan, a grading plan, an erosion control plan, an operating plan, and a closure plan prepared by a licensed engineer.
h. 
The proposed plan shall comply with all requirements of the ordinances of the City of Pleasant Valley and Chapter 260 of the Revised Statutes of the State of Missouri for operation of a demolition landfill.
11. 
Accessory uses customarily incident to any of the above uses.
B. 
Dimensions Of Lots And Yards. In District "M-2" the height of buildings and the minimum dimensions of lots and yards shall be as follows: (For exceptions see Section 400.200, "Height and Area Exceptions").
1. 
Height. Same as District "M-1."
2. 
Front yards. Same as District "M-1."
3. 
Side yards. Same as District "M-1."
4. 
Rear yards. Same as District "M-1."
5. 
Width of lot. Same as District "C-1."
C. 
Parking Regulations. (See Sections 400.220 — 400.260, "Off-Street Parking Regulations").
[Ord. No. 754 §1, 6-7-1979; Ord. No. 2762 §1, 3-19-2007]
A. 
The applicant for a mobile home development or park shall submit in triplicate a plan containing the information required by this Section and the information required by other County, State and bodies politic having jurisdiction over any phase of such development on sheet sizes not to exceed twenty-four by thirty-six (24 X 36) inch dimensions.
1. 
Existing condition map showing:
a. 
Legal description of proposed property.
b. 
Location drawing showing the existing development within one-half (½) mile radius of the proposed location.
c. 
Existing site plan indicating the size of site, topography (not greater than five (5) feet contour intervals); rights-of-way or easements location, size and identification of water, gas, power, telephone, storm and sanitary structures; tree masses; drainage ways and any other unusual land forms or features.
d. 
Date prepared, scales, and north point.
2. 
Proposed development plans showing:
a. 
General layout of development with dimensions, size and number of spaces.
b. 
Parking area location, sizes and capacity.
c. 
Ingress and egress points for the project.
d. 
Use of structures.
e. 
General layout of typical individual mobile home size or space, proposed improvements such as landscaping, concrete pad location and type, patio location and size, location and receptacle, walkways, parking area size, curb and gutter location and any other improvements included within the development.
f. 
General layout of common open space development indicating location of recreational areas and accessory convenience establishments.
g. 
Location of permanent open space to be retained.
h. 
Proposed street system for both public and private streets with setback lines indicated.
i. 
Net density of proposed project and parking ration expressed in terms of units per acre (density) and cars per space (parking ratio).
j. 
General landscaping plan indicating all new and retained plant material by type and location; and layout of outdoor lighting.
k. 
General plan and method of sewage disposal, water supply and fire protection.
l. 
Sufficient underground storm shelter to house residents.
B. 
Plat Requirement. All mobile home developments must be platted in accordance with the standard procedure for platting as required by the City.
C. 
Location And Access. The development location shall front on a thoroughfare or have frontage on a collector street and/or frontage road which has direct access to a highway or thoroughfare. All vehicular access directly to the tract shall be from the major thoroughfare or by collector street or frontage road.
D. 
Size Of Area For Development.
1. 
Minimum tract sizes shall be eight (8) acres and have a minimum frontage of two hundred (200) feet on the access street.
2. 
The tract shall be and shall remain in one (1) ownership and primarily designed for the purpose of renting and/or providing space for placement of mobile homes and mobile dwelling units.
E. 
Density.
1. 
The maximum number of mobile home units allowed within the permitted districts shall be six (6) units per net acre.
2. 
"Net acres" shall mean the area which is not legally dedicated or deeded to the City.
F. 
Minimum Units. No mobile housing development shall contain less than forty-eight (48) mobile home spaces and at least forty-eight (48) spaces must be finished and ready for use prior to the issuance of an occupancy permit.
G. 
Maximum Coverage. All spaces shall be so designed as to allow not more than thirty percent (30%) of its area to be covered by a mobile home unit.
[Ord. No. 2762 §2, 3-19-2007]
A. 
The following provisions shall apply to all mobile homes and mobile home developments located within the City of Pleasant Valley.
1. 
Mobile home space requirement.
a. 
All mobile homes including structural additions thereto shall be located at least twenty (20) feet from any other mobile home, permanent building, interior roadways, or common parking lot for more than two (2) vehicles. When parking is provided on each individual mobile home space, the minimum distance from roadway or street curb to mobile home shall not be less than twenty-five (25) feet. No mobile home shall be placed closer than thirty (30) feet to any of the development property lines and the ten (10) feet nearest to the property line shall be permanently maintained as a sodded and/or landscaped area.
b. 
Mobile home parks shall be enclosed with an approved fence or planted hedge, not less than seven (7) feet in height, with no openings to adjoining property other than the required entrances and exits to streets or public spaces.
c. 
Minimum width of any mobile home space shall not be less than forty (40) feet.
2. 
Common open space. The minimum open area required for common use of the residents in the development shall not be less than ten percent (10%) of the gross area of the development. Common open space shall be calculated as any open unoccupied area remaining after the dwelling spaces, buildings, roadways or streets, parking areas, general storage areas, and the ten (10) foot permanent perimeter area have been deducted. Said open space shall be sodded and/or landscaped or otherwise designed and made available for recreational use.
3. 
Accessory convenience establishments. Buildings or structure enclosing management offices, recreational facilities, laundry and cleaning facilities may be permitted, but not required, in the development, subject to the following: It shall be not occupy more than ten percent (10%) of the developments gross area and be subordinate to the development's residential character and be restricted to serve the needs of the residents with no visible evidence of any commercial activity.
4. 
Parking regulations. Two (2) parking spaces shall be provided for each mobile home space. This parking must be provided on the individual mobile home space or in common parking areas that are located off the main roadway or street used for movement of traffic through the development. The intention of this parking requirement is to preserve the roadways or street within the development for carrying of traffic and not as a space for parking or storing of vehicles.
5. 
Requirements and standards for mobile homes developments. The mobile home development shall be planned and constructed in accordance with the following minimum standards:
a. 
All utilities shall be constructed underground and out of sight except above ground connections, meters and other similar items necessary to hook up the mobile home utilities.
b. 
Concrete sidewalks shall be required along streets or roadways which have mobile home space fronting on them. The sidewalks shall be a minimum of four (4) feet wide and four (4) inches thick.
c. 
All roadways, streets and common parking areas shall be designed and constructed with concrete vertical face barrier type curbs and concrete gutters.
d. 
All parking areas and roadways shall be constructed and paved with a hard surface, bituminous or concrete material.
e. 
All interior private roadways shall be a minimum of at least twenty-eight (28) feet wide from back of curb to back of curb. In no case shall parking of vehicles be allowed within or on the roadway or street width devoted and designed for movement of traffic.
f. 
All mobile home space shall be provided with concrete, reinforced runner or pad, forty-two (42) inches wide spaced sixty (60) inches apart and of sufficient length to allow the mobile home to be positioned on the pad, blocked and leveled properly.
g. 
All mobile home developments shall provide for the skirting of all mobile homes within their developments. The skirting shall be done so that it is compatible with the mobile home units materials and it shall be of a finished nature. Composition building board and raw wood shall not be used as skirting.
h. 
All mobile home spaces shall be provided with a minimum ten (10) by fifteen (15) foot patio pad composed of concrete, brick, block or other hard surface material and a hard surface walkway shall be constructed from the patio pad to the sidewalk.
i. 
The mobile home development shall be provided with general outdoor lighting of sidewalks, general parking and storage areas, and lighting of the development entrance and exit. This level of lighting shall provide at night a minimum average illumination of three-tenths (0.3) foot-candles.
j. 
The mobile home development shall provide general storage areas, in addition to automobile parking requirements, for accessory vehicles such as trucks and boats. The minimum area required for general storage shall be equal to one (1) parking space for each four (4) mobile home spaces. No accessory storage areas required by this Subsection shall be in addition to those required in Subsection (5)(k) hereof.
k. 
Storage facilities for tenants shall be provided on the mobile home space or in compounds conveniently placed near mobile home spaces. Said storage facility shall not be located any closer than ten (10) feet from any mobile home. Storage facilities shall be constructed of suitable weather-resistant materials appropriate for the use and maintenance contemplated. Tenant storage facilities shall be discharged under mobile home space requirements. A building permit shall be obtained from the City Clerk by the mobile home developer before any storage facility is constructed.
l. 
The development shall provide general refuse storage area either on each individual space or in a common storage area serving no more than fifteen (15) mobile home spaces. The storage area base shall be a concrete four (4) inch slab enclosed by walls or screens and shall have a means or method of raising any individual refuse containers off the ground at least eight (8) inches.
m. 
All yard areas and other open space not otherwise paved or occupied by structures shall be sodded and/or landscaped and shall be so maintained.
n. 
The mobile home development shall be served by the public water supply. The water distribution system shall be a looped system without the dead end main, adequate in size to supply water to each and every mobile home space.
o. 
All individual mobile home units shall be provided with tie-downs in accordance with the requirements set out by the State of Missouri.
p. 
The mobile home development shall discharge all sewered wastes to a public sewer system, except that if a public sewer system is not available to serve the development, the owner shall provide a private system of sewers and sewage treatment plant approved by the Clay County Health Department and Missouri Clean Water Commission. A house service connection shall be provided for each parking space.
[Ord. No. 284 §16, 9-21-1964]
A. 
A driveway or walk to provide access to premises in a District "C-1" to "M-2" inclusive shall not be permitted in a District "R-1" to "R-3" inclusive.
B. 
Buildings or structures or uses which are accessory to the use permitted in one (1) district shall not be permitted in a district of a higher classification.
[Ord. No. 284 §17, 9-21-1964]
A. 
A non-conforming use of land existing lawfully at the time of the passage of this Chapter (September 21, 1964) may be continued but shall not be extended, expanded or enlarged.
B. 
A non-conforming use of a lot containing no permanent building designed for a non-conforming use shall not be continued beyond the period ending two (2) years from the adoption of this Chapter (September 21, 1964).
C. 
The lawful use of a building existing at the time of the passage of this Chapter (September 21, 1964) may be continued, although such use does not conform with the provision hereof, and such use may be extended throughout such portions of the building as are arranged or designed for such use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. If such non-conforming building is removed, the future use of such premises shall be in conformity with the provisions of this Chapter.
D. 
When a non-conforming use has been discontinued for six (6) months or more it shall not be reestablished.
E. 
A non-conforming use if changed to a conforming use or more restricted, non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If by amendment to this Chapter any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this Chapter relating to the non-conforming use of buildings or premises existing at the time of the passage of this Chapter (September 21, 1964), shall apply to buildings or premises occupied or used at the time of the passage of such amendment.
F. 
Repairs and alterations may be made to a non-conforming building, provided that no structural alterations or extensions shall be made, except those required by law or ordinance unless the building is changed to a conforming use; provided that the Board, by special permit in the case of evident hardship, may grant an extension of a non-conforming use not exceeding twenty-five percent (25%) of the ground area of the building.
[Ord. No. 284 §18, 9-21-1964]
A. 
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the City Clerk at the time of the passage of this Chapter (September 21, 1964), and the construction of which in either case shall have been diligently prosecuted within one (1) year of the date of such permit, and the ground story framework of which, including the second (2nd) tier or beams, shall have been completed, according to such plans as filed, within two (2) years from the date of the passage of this Chapter (September 21, 1964).
B. 
Nothing in this Chapter shall be taken to prevent the restoration within twelve (12) months, of a non-conforming building destroyed to the extent of not more than seventy-five percent (75%) of its replacement value (exclusive of foundations) by fire, explosion or other casualty, or act of God, or the public enemy, provided that when such restoration becomes involved in litigation, the time required for such litigation shall not be counted as a part of the twelve (12) months allowed for reconstruction; and nothing in this Chapter shall be taken to prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction, but any building so damaged more than seventy-five percent (75%) of its value may not be rebuilt, repaired, or used unless it is made to conform to all regulations for buildings in the district in which it is located.
C. 
The determination of whether a building or structure is seventy-five percent (75%) destroyed shall rest with the Building Inspector and the Board of Aldermen.
D. 
The provisions of this Chapter shall not apply to prevent the extension of any building, existing in any district at the time of the adoption of this Chapter (September 21, 1964), to the height to which the walls, foundations and framework of such existing building originally were intended, designed, and constructed to carry; provided however, that the actual construction of the extensions in height permitted by this Subsection shall have been duly commenced within ten (10) years from the date of the adoption of this Chapter (September 21, 1964).
[Ord. No. 284 §19, 9-21-1964; Ord. No. 1461 §4, 11-6-1989]
A. 
The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, front yards, side yards, rear yards and other regulations and requirements as follows in the foregoing Sections of this Chapter, shall be subject to the following exceptions and additional regulations.
1. 
Height.
a. 
In any district, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums, or schools, either public or private, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards the depth or width of which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.
b. 
Dwellings in District "R-1" or "R-2", may be increased in height not exceeding ten (10) feet in addition to the limitations of two and one-half (2½) stories, or thirty-five (35) feet, as prescribed in such districts, provided that two (2) side yards of not less than fifteen (15) feet in width, each, are provided. In no case shall such dwelling, however, exceed three (3) stories in height.
c. 
Parapet walls, and false mansards shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted ordinances of the Board of Aldermen of Pleasant Valley.
2. 
Area per family.
a. 
For any building used jointly for business and dwelling purposes or industry and dwelling purposes, the number of families permitted by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first (1st) floor of such buildings shall not be included in any calculation under this provision.
b. 
For any building providing jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or non-housekeeping rooms bears to the total floor area devoted to both uses.
3. 
Yard exceptions.
a. 
In Districts "R-1" to "R-4", inclusive, where lots comprising forty percent (40%) or more of the frontage, on the same side of a street between two (2) intersecting streets, (excluding reverse corner lots) are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage, except that where a recorded plat has been filed showing a setback line which otherwise complies with the requirements of this Chapter, yet is less than the established setback for the block as provided above, such setback line shall apply; provided that the Board may permit variations in case of hardship, or where the configuration of the ground is such as to make conformity with the front yard requirements impractical.
b. 
Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.
c. 
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than twenty-four (24) inches; and provided further that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard; and existing open porches extending into the required yard shall not be enclosed.
d. 
An open fire escape may project into a required side yard not more than half (½) the width of such yard, but not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet in a required rear yard.
e. 
A terrace garage in a District "R-1" to "R-4" inclusive may be located in a front or side yard provided that it is completely recessed into the terrace, and that the height of the terrace is sufficient to cover and conceal the structure from above, and further provided that the doors when open, shall not project beyond any property line, and that the structure be set back at least four (4) feet from the front property line.
f. 
If any district, a detached accessory building not exceeding twenty-four (24) feet or two (2) stories in height, or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard, except that in Districts "R-4", "C-1", "C-2", "C-3", "M-1" or "M-2", if such building is not more than one (1) story or sixteen (16) feet high, it may occupy forty percent (40%) of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than twelve (12) feet high and six (6) feet wide inside, and is not an extension of the roof of the main building.
g. 
Except as specifically required adjacent to ta District "R-1" to "R-4" inclusive, buildings in Districts "C-1", "C-2", "C-3", "M-1" or "M-2", used wholly or partially for business or industrial purposes, need not provide a side yard, provided that portion of such buildings which are designed or used for dwelling purposes shall provide any floor so used in addition to the front and rear yard requirements, open space equivalent to the area of side yards for buildings used exclusively for dwelling purposes in the district in which such building is situated.
h. 
No rear yard shall be required in Districts "C-1" to "M-2" inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection. In any district where buildings on adjoining lots, used exclusively for dwelling purposes, do not conform to the side yard requirements of this Chapter, the Board may vary the side yard requirements, provided that no building may be built nearer than three (3) feet to the side lot line and provided that the width of the building allowable under the regulations of this Chapter may not be increased.
i. 
In any district, the erection of one (1) solid color ten (10) foot maximum cross dimension television dish antenna located at grade shall be allowed provided the highest point of the dish and supporting structure shall be not more than twelve (12) feet above grade and no such dish shall be located in a front yard or closer than ten (10) feet to any other lot line by a permit from the Building Official as provided for Building Permits in the City of Pleasant Valley, with provisions for landscaping to conceal the base for permanent installation and provisions for temporary purposes limited to seventy-two (72) hours.
[Ord. No. 284 §20, 9-21-1964; Ord. No. 754 §1, 6-7-1974]
A. 
Developers of group housing projects must submit their plans to the City Planning Commission for study. The Commission shall make recommendations to the Planning and Zoning Commission for its consideration and determination with the approval of the Board of Aldermen. The developer shall pay the same fees as are required for applications for change in zoning and for appeals.
[Ord. No. 3182 §1, 8-26-2015]
B. 
The Planning and Zoning Commission shall apply the requirements of this Chapter to the housing projects as a whole in such a manner that will insure substantially the same character of occupancy, maximum intensity of use, and minimum standard of open spaces as permitted by this Chapter in the district in which the proposed project is to be located.
[Ord. No. 3182 §1, 8-26-2015]
C. 
In considering the project, the Planning and Zoning Commission shall, in no case, authorize a use prohibited in the district in which the housing project is to be located, except that building for administration and maintenance of the project may be included; not a building height in excess of that permitted. The front yard, side yard, rear yard and corner lot requirements must conform with the requirements in the district in which the housing project is to be located. The Planning and Zoning Commission may require such additional restrictions and safeguards as they deem necessary to fulfill the purpose and intent of the Zoning Ordinance.
[Ord. No. 3182 §1, 8-26-2015]
D. 
Ample open space shall be provided for recreational space, outdoor drying yards, arrangement of lawns, and planting, etc., in addition to that required for off-street parking.
E. 
Parking Regulations. (See Sections 400.220 — 400.260, "Off-Street Parking Regulations").
F. 
A permit for a group housing project may be issued by the Board of Aldermen upon approval of the project by the Planning and Zoning Commission.
[Ord. No. 3182 §1, 8-26-2015]
[Ord. No. 284 §21, 9-21-1964; Ord. No. 1487 §I, 3-19-1990]
A. 
Off-street parking requirements shall apply to all buildings and uses of land erected or established after March 19, 1990. When the intensity of use of any building or premises is changed or increased after March 19, 1990, to provide additional dwelling units, gross floor area, seating capacity or any other measurable unit which governs the amount of off-street parking required, the amount of additional parking required as a result of the change or increased activity of the use shall be provided.
B. 
To determine if proposed parking areas provide the required number of spaces, the following procedure shall be used:
1. 
A plan shall be submitted to the Public Works Department showing the location of parking spaces which meet the requirements.
2. 
In large parking areas, where the layout of parking stalls is not determined or is subject to modification, after it has been demonstrated that the required number of parking spaces can be provided as in Subsection (A) above, the layout of parking stalls may be varied from time to time provided that the parking area contains at least an aggregate of three hundred (300) square feet per required space inclusive of driveways and/or maneuvering space.
3. 
Off-street parking, not required by Subsection (A) above, but voluntarily provided for existing buildings or uses of land need not comply with the required number of parking spaces, but shall comply with all other requirements with regard to location, construction and size.
4. 
Off-street parking already in use or established hereafter, which serves or is to serve an existing building or use of land, shall not be reduced in any manner except where such off-street parking may be in excess of the amount required. In no case, shall off-street parking be reduced below the minimum.
C. 
Parking Stall Site.
1. 
All parking stalls shall accommodate a standard-sized car as hereinafter provided; however, the Public Works Department may approve the use of stalls for smaller cars provided sufficient evidence is presented showing the need for such or if the number of spaces for small cars does not exceed fifty percent (50%) until 1992 and one hundred percent (100%) thereafter. Such space identify shall be shown on a parking plan.
2. 
The following design specifications shall be used as guidelines for parking stalls:
a. 
Size of spaces. All off-street parking facilities established to satisfy the off-street parking requirements of these regulations should accommodate standard and small cars. Parking spaces for the handicapped shall be provided if required by any Federal, State, or local law. Applicants should submit estimates of the ratios of standard and small car sizes to the Public Works Department along with any supporting information of documentation. The design of the parking facility may accommodate these sizes of cars in any of the following ways:
(1) 
All spaces may be designed to the standards for standard-sized cars.
(2) 
A mixture of space sizes may be used which provides areas exclusively for each size of car.
(3) 
A design may be used which allows flexibility in parking space sizes. This may or may not involve attendant parking.
(4) 
A method involving a combination of any of the above arrangements or other techniques may be used.
b. 
The standards for parking space dimensions are as follows:
(1) 
Angle parking shall provide the following in length and width for space:
Length (L)
Width (W)
Standard
18 feet
8 feet 6 inches
Small
15 feet
7 feet 6 inches
Handicapped
18 feet
12 feet
(2) 
Aisle widths for access to parking spaces shall provide a minimum as follows:
One-Way Aisles
Angle of Parking
Width of Aisle For Standard Size Cars
Width of Aisle For Small Size Cars
Parallel
10 feet
8 feet
30 degrees
10 feet
10 feet
45 degrees
12 feet
10 feet
60 degrees
18 feet
15 feet
90 degrees
22 feet
18 feet
Two-Way Aisles
Angle of Parking
Width of Aisle for Standard Size Cars
Width of Aisle For Small Size Cars
Parallel and 30 degrees
21 feet
17 feet
45 degrees
23 feet
19 feet
60 degrees
25 feet
21 feet
90 degrees
25 feet
21 feet
In either situation, an aisle serving two (2) or more angles of parking or size of space shall comply with the greater width required.
[Ord. No. 284 §21, 9-21-1964; Ord. No. 1487 §II, 3-19-1990]
A. 
Off-street parking shall be provided in the amount as enumerated below the following uses unless the zoning district requires a different amount. For method of computing, see Subsection (B) below:
Use
Number of Parking Spaces
1.
For dwelling or apartments
Not less than two (2) per dwelling, or apartment unit. In Districts "R-3" and "R-4" there shall be provided not less than three (3) per each two (2) units in a multiple dwelling of three (3) or more units.
2.
For buildings having roomers or boarders.
One (1) per each two (2) roomers or boarders.
3.
For clubs, lodges or similar organizations.
One (1) per each three (3) members, plus one (1) per each employee.
4.
For churches
One (1) per each five (5) persons.
5.
For elementary schools and junior high schools.
One (1) for each employee.
6.
For senior high schools
One (1) per each employee, plus one (1) per each ten (10) students.
7.
Educational institutions including colleges, universities, business, commercial or trade schools or any other schools.
One (1) per each employee, plus one (1) per each ten (10) students.
8.
For hotels or motels
One (1) per each guest room or suite up to twenty (20) rooms or suites; one (1) for each four (4) guest rooms or suites in excess of twenty (20); but not exceeding forty (40) rooms or suites; one (1) for each six (6) rooms or suites in excess of forty (40) rooms or suites.
9.
For hospitals.
One (1) per each three (3) beds (less bassinets) plus one (1) per each employee, including staff doctors.
10.
For convalescent homes.
One (1) per each four (4) patients, plus one (1) per each employee.
11.
For all places of public assembly, including, but not limited to theaters, arenas, stadiums, dance halls and funeral homes.
One (1) per each four (4) persons, plus one (1) per each employee.
12.
For bowling alleys.
Ten (10) per each lane, plus one (1) per each employee.
13.
For medical offices.
Five (5) per each doctor practicing in building, but not less than one (1) per each five (5) hundred five hundred (500) square feet of gross floor area.
14.
For offices other than medical offices.
One (1) per each one thousand (1,000) square feet of gross floor area.
15.
For businesses engaged in sale of retail goods or services excluding establishments serving food or drink.
One (1) per each four hundred (400) square feet of gross floor area.
16.
For restaurants or any establishment serving food or drink (the serving of alcoholic beverages as an incidental accessory use is subject to definition for restaurants as contained in Chapter 600 of this Code).
One (1) per each seventy-five (75) square of gross floor area.
17.
For bars, taverns, "carry-out-liquor" and all other liquor-by-drink restaurant (subject to definition by Chapter 600 of this Code).
One (1) per each fifty (50) square feet of floor area devoted to patron use. Combination restaurant and bar must be provided for on a cumulative basis by calculating square footage of restaurant and area separately and providing parking accordingly.
18.
For industrial buildings including wholesale businesses and warehouses.
One (1) per each employee.
B. 
The following computations shall be used in determining the maximum amount of off-street parking required for uses enumerated in Subsection (A), above.
1. 
Where buildings or land are occupied by a combination of uses as enumerated in Subsection (A), above, the off-street parking required shall be the total as required under the method of computation for each of the several uses located within the building or on the land.
2. 
Gross floor area shall be determined by the outside dimensions of the building less any area within the building devoted to off-street parking.
3. 
The number of persons or employees shall be based upon the total persons and employees present or on duty at any one time when the maximum functional use of the building or land is being made.
4. 
The number of persons in assembly areas with fixed seating or a designated functional seating capacity shall be based upon the maximum functional seating capacity.
5. 
The number of persons in assembly areas without fixed seating or without a designated functional seating capacity shall be based upon the total number of square feet of net floor area actually used for public assembly, divided by fifteen (15).
6. 
If more than one (1) assembly area within a building is used simultaneously by different adult persons, then the capacity of all such assembly areas shall be computed.
7. 
If several assembly areas within a building are not used simultaneously but are used by the same group of persons separately at different times, then the computation shall be made for assembly areas comprising the maximum simultaneous occupancy.
[Ord. No. 284 §21, 9-21-1964; Ord. No. 1487 §III, 3-19-1990]
A. 
All off-street parking shall be provided on the lot on which the use to be served is located, except that:
[Ord. No. 3182 §1, 8-26-2015]
1. 
Uses which are located in Districts "R-3" and "R-4" may provide such off-street parking as required by this Section within a community garage which may provide for the total off-streetparking requirements for uses on more than one (1) lot, provided that any such lot so served is located not more than five hundred (500) feet from the site of the community garage; and
2. 
Uses which are located in Districts "C-1" to "M-2" may provide such off-street parking within five hundred (500) feet of the lot to be served when such parking is within a Commercial or Industrial District except as otherwise permitted by the Board of Zoning Adjustment under the provisions of Section 400.290.
3. 
Where parking facilities are permitted on land other than the lot to be served, such parking facilities shall be in the same ownership as the lot to be served unless otherwise permitted under terms approved by the Planning and Zoning Commission after a public hearing.
4. 
The Planning and Zoning Commission, after public hearing, shall modify the parking requirements for housing for the elderly subject to the following conditions:
a. 
Parking modifications for housing for the elderly may be granted in any district including any permitted district but not in District "R-1" or "R-2.
b. 
Parking modifications shall provide, at least, one (1) parking space per two (2) dwelling units.
c. 
Only dwelling units shall be used in making parking determination needs; beds or occupancy numbers shall not be used as a factor.
5. 
The Planning and Zoning Commission in determining such reduction, as mentioned in Subparagraph (4) above, also may:
a. 
Require open space in lieu of reduced parking requirements in the event of conversion to housing other than for the elderly.
b. 
Consider accessibility to bus transportation.
c. 
Consider accessibility to shopping districts.
d. 
Consider availability of sidewalks.
B. 
In Districts "R-1", "R-2", "R-3" and "R-4" all off-street parking shall be in the side or rear yard only except in a group housing project or a community unit project where the location of off-street parking areas shall be subject to approval of the development plan, provided however, this Section shall not be interpreted to prohibit the parking of vehicles, otherwise permitted, in residential driveways.
1. 
Where off-street parking is provided in the side yard area, such parking area shall set back from the side property line a distance equal to the minimum side yard required for the district in which it is located.
2. 
Where off-street parking spaces are provided in the rear yard, such parking area shall observe the minimum setback from the side or rear property line as required for an accessory building.
C. 
In Commercial or Industrial Districts, the off-street parking shall not be located in any area required as a yard area.
[Ord. No. 284 §21, 9-21-1964; Ord. No. 1487 §IV, 3-19-1990; Ord. No. 1977 §§2 — 4, 6-1-1998; Ord. No. 2520 §1, 12-16-2002]
A. 
All off-street parking areas, all interior access drives, and all shared access drives shall be improved with one of the following pavement sections:
1. 
Single-family dwellings.
a. 
Four (4) inches of compacted earth subgrade compacted to ninety-five percent (95%) of standard maximum density, with four (4) inches Portland cement concrete pavement.
b. 
Four (4) inches of compacted earth subgrade compacted to ninety-five percent (95%) of standard maximum density, with four (4) inches of compacted Type 1 asphaltic concrete and sealant to protect against freezing.
2. 
Other than single-family dwellings.
a. 
Six (6) inches of compacted earth subgrade compacted to ninety-five percent (95%) of standard maximum density, with six (6) inches Portland cement concrete pavement.
b. 
Six (6) inches of compacted earth subgrade compacted to ninety-five percent (95%) of standard maximum density, with four (4) inches of compacted Type 1 asphaltic concrete base course, and two (2) inches of compacted Type 3 asphalt concrete surface course.
3. 
These pavement sections are the minimum thicknesses that will be accepted. Unusual traffic volumes or truck traffic may require increased pavement thicknesses.
4. 
In the case of shared access drives as defined by this Chapter:
a. 
The width of the drive shall be at minimum sixteen (16) feet to permit two-way traffic flow.
b. 
Signage in accordance with applicable codes shall be located near the entrance of drive from public streets stating "PRIVATE DRIVE" followed by the street addresses assigned to each property being served by said drive.
c. 
Permanent easement(s) shall be obtained from each property not owned by the benefactor of the drive if that drive crosses or in any was encroaches onto said property. Width of said easement(s) shall be at minimum twenty-five (25) feet.
B. 
All off-street parking areas shall be provided with either Type CG-1 curb and gutter or Type C-7 straight curb. Storm drainage improvements shall be provided to convey runoff to existing storm sewers or drainageways.
C. 
Proposed Improvements.
1. 
When the proposed improvements increase on-site runoff, and the subsequent discharge exceeds the hydraulic capacity of the downstream drainage system, as determined by the Public Works Department, on-site storm water detention facilities will be required to regulate the release rate of the runoff. The Public Works Department may waive detention facility requirements when the developer makes satisfactory arrangements to improve or to provide a downstream drainage system of adequate hydraulic capacity for the peak rates of discharge to the system, including discharge from the developer's site, to a point downstream where the rate of total runoff from the site is ten percent (10%) or less than the total runoff rate conveyed by the downstream system measured at the time of peak discharge. The Public Works Department may also permit a combination of downstream improvements and on-site detention that provides the same level of control.
2. 
On-site storm drainage facilities and detention facilities shall be designed in accordance with Division V, Section 5600, Storm Drainage Systems, of A.P.W.A. "Standard Specifications and Design Criteria" as adopted by the City of Pleasant Valley. Storm drainage calculations shall be submitted to the Public Works Department at the time of plan review for the proposed improvements.
D. 
Entrance drives and approaches within street right-of-way shall conform to the materials and construction requirements of the City of Pleasant Valley Standards and Codes dated February 19, 1986, and entitled "Packet of Standards" as prepared by Kansas City, Missouri, Department of Public Works. The location and width of all entrance drive approaches shall be approved by the City of Pleasant Valley Public Works Department.
E. 
All off-street parking areas for other than dwellings as defined by this Chapter providing capacity for more than two (2) vehicles, other than within a building, shall be permanently screened from any adjoining property or property lying across a street or alley from said parking area which is zoned for Districts "R-1" to "R-4", inclusive, by a solid wall, fence, and/or screen planting sufficiently thick to serve the purpose of a solid screen; and said screening shall be not less than six (6) feet in height or greater if warranted by height of vehicle to be screened, elevation differences between properties, etc., as determined by the City. Such screening shall be maintained in good condition. See Section 500.030, "Development Standards", for additional requirements.
F. 
Where off-street parking areas are required to set back from property lines, the setback required shall include all of the parking area intended to be used by vehicles including individual parking spaces and all access drives thereto, except drives providing direct access to the parking area from a street or alley. The border screening as required by Subsection (E) above shall be located at the edge of the parking area but need not be included in the calculation of the setback required.
G. 
Prior to the issuance of a Certificate of Occupancy for any building, accessory building or other structure intended or used to shelter or house licensable vehicle(s), all access ways and/or drives to that building or structure shall be made dust-free per Section 400.250.
H. 
Prior to the issuance of a Certificate of Occupancy for any residential, commercial or industrial building, all access ways and/or drives to that building shall be made dust-free per Section 400.250.
I. 
Exceptions To Dust-Free Parking. Whereas an "M-1" or "M-2" zoning property be abutted by other like zoned properties where equipment for commercial use such as, but not limited to, bulldozers, excavators and front track loaders or other track-driven earth-moving equipment may be parked in designated areas as defined below:
1. 
The parking area shall be defined by the Board of Aldermen to be the sole use to accommodate equipment.
2. 
Type of material to construct said parking area:
a. 
Ninety-five percent (95%) compaction of subgrade.
b. 
Eight (8) inches of compacted clean three (3) inch or greater in size rock.
c. 
Six (6) inches of compacted three (3) inch or greater in size rock with four (4) inches asphalt millings.
d. 
In the event of trucks carrying excavating equipment to the designated parking area, access drives shall be constructed to the depth of eight (8) inches of concrete.
3. 
Screening shall consist of a combination of berms, evergreen type trees no less than six (6) feet in height and planted in such a way to obtain sixty-five percent (65%) density at time of planting and six (6) foot wooden privacy type fence or eight (8) foot if it is warranted for sufficient screening. All trees shall be maintained and screening shall be on all four (4) sides of said parking area except for one (1) point of ingress and egress.
4. 
The area to be used shall not exceed twenty-five percent (25%) of the total vacant space available.
[Ord. No. 284 §21, 9-21-1964; Ord. No. 1487 §V, 3-19-1990]
A. 
The Board of Zoning Adjustment may modify any of the specific off-street parking requirements as enumerated in Sections 400.230 and 400.240 above after a public hearing, if undue hardship in complying with any of said provisions is shown.
B. 
Before granting any modification of the requirements of this Section, the Board shall determine:
1. 
The amount of off-street parking to be provided is reasonable in relation to the nature of the use to be served and that the number of parking spaces, as required by this Section, is not compatible with the actual off-street parking requirements of the particular use because of unusual circumstances regarding any such use.
2. 
Any off-street parking proposed to be provided other than on the lot of the use to be served is reasonably located and readily accessible in relation to the use to be served and is reasonably related to surrounding uses of land and that said parking area is either within the same block or not more than five hundred (500) feet distant from the boundaries of the lot to be served and that said parking is permitted in the district in which it is located.
3. 
Modification of any setback or yard requirement for the parking area or modification of any construction requirement is necessary because of unique or unusual circumstances which render the specific requirements of this Section unreasonable and without benefit to surrounding property.
[Ord. No. 3256, 5-15-2017]
A. 
Statement Of Intent. The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are not appropriate as a "permitted use" in certain districts and are designated as conditional uses. These uses may be approved at a particular location because of factors or reasons not applicable to the zoning district as a whole. Conditional uses may have a unique impact on the adjoining uses of land, and are therefore subject to individualized considerations as to location and conditions of use to protect and promote the basic purposes of this Chapter. A conditional use permit is issued by the Governing Body following the procedures set forth in Chapter 400.
B. 
When Conditional Use Permit Required.
1. 
Conditional uses:
a. 
Uses for which a conditional use permit is required are listed within this Section and noted as "conditional uses."
b. 
Uses not designated.
c. 
Uses not specifically set forth as "permitted uses," "prohibited uses" or as "uses subject to conditions" elsewhere in this Chapter shall be deemed to be "conditional uses" unless otherwise determined. The Planning and Zoning Commission and Governing Body may consider granting a conditional use permit for such uses in accordance with the requirements of Chapter 400.
C. 
Conditional Use Permit; Application — Contents And Submission Requirements.
1. 
The following items shall be submitted in support of an application for a conditional use permit:
a. 
All general application requirements contained in Chapter 400.
b. 
A preliminary development plan accompanied by the number of copies required by the Zoning Administrator, containing all information set forth in Chapter 400, except when the CUP is for use of an existing building or property and where no substantial changes are proposed per Chapter 400.
c. 
A comprehensive narrative description of the use sought, both as to function and operation, and as to structures, installations, equipment or surface improvements, changes or other requirements incidental to such use.
d. 
The length of term of the use after the date of issuance of the permit.
e. 
Conditional conditions relating to the operation of the proposed use(s), site development and other pertinent descriptive factors.
f. 
A list of all land owners names and addresses within one hundred eighty-five (185) feet of the proposed conditional use.
D. 
Consideration Of Conditional Use Permit Applications.
1. 
Public Hearing Required. Consideration of all applications for conditional use permit shall require a public hearing before the Planning and Zoning Commission, with publication notice and notice to surrounding property owners as required by Chapter 400.
2. 
Procedures. Except as provided, the procedures for the Planning and Zoning Commission and Governing Body consideration of conditional use permit applications shall conform to the procedures set forth in Chapter 400.
3. 
Protest Petition. Protest petitions may be filed pursuant to Chapter 400.
E. 
Standards For Approval.
1. 
Conditional uses may be approved by action of the Governing Body after recommendation from the Planning and Zoning Commission using the procedures set forth in Chapter 400. Conditional uses may be approved with conditions, including, but not limited to, requirements for conditional yards, open spaces, buffers, fences, walls, and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site, and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; conditions specifically listed under the individual conditional use and other conditions deemed necessary to insure compatibility with surrounding land uses.
2. 
In considering any application for a conditional use permit, the Planning and Zoning Commission and Governing Body may give consideration to the criteria listed below, to the extent they are pertinent to the particular application.
a. 
Character of the neighborhood.
b. 
Compatibility with adjacent property uses and zoning.
c. 
Suitability of the property for which the conditional use is being requested.
d. 
Extent to which the proposed use will negatively impact the aesthetics of the property and adjoining properties.
e. 
Extent to which the proposed use will injure the appropriate use of, or detrimentally affect, neighboring property.
f. 
Impact on the street system to handle traffic and/or parking.
g. 
Impact of additional storm water runoff to the existing system or to the water shed area if no storm sewer is available.
h. 
Impact of noise pollution or other environmental harm.
i. 
Potential negative impact on neighborhood property values.
j. 
Extent to which there is need of the proposed use in the community.
k. 
Economic impact upon the community.
l. 
Extent to which public facilities and services are available and adequate to satisfy the demand generated by the proposed use.
m. 
Comparison of the benefit gained to the public health, safety and welfare of the community if approved versus the hardship imposed upon the landowner if the requested application is denied.
n. 
Conformance to the zoning regulations, and current City policies and ordinances.
o. 
Recommendation of professional staff.
p. 
Consistency with permitted uses in the area in which the conditional use is sought.
F. 
Conditional Use Permits — Transferability, Lapse, Expiration, Revocation And Renewal.
1. 
Transferability.
a. 
A conditional use permit may be conveyed with the land only if the transferrer has obtained a building permit for one (1) or more structures authorized by the conditional use permit and construction of at least ten percent (10%) of the project has been completed in terms of the total expected cost of the project. The transfer of a permit in which these conditions have not been satisfied shall be invalid. Nothing in this Article shall be construed to alter the expiration date of permits or the authority of the Governing Body to revoke a permit.
b. 
A permit cannot be assigned or transferred to a different parcel of land.
c. 
Every entity attempting to convey a conditional use permit shall give notice in writing to the Zoning Administrator within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a conditional use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of an invalid transfer.
2. 
Lapse.
a. 
Unless a building permit for one (1) or more structures authorized by the conditional use permit has been obtained and at least ten percent (10%) of the total expected cost of the project has been expended, the conditional use permit shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two (2) years of the date of approval by the Governing Body. Upon the written request of the property owner and for good cause shown, the Zoning Administrator may grant one (1) extension of not more than one (1) year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.
3. 
Expiration.
a. 
A conditional use permit shall be valid for a specific period of time if so stated in the permit. A permit may be renewed upon application to the Governing Body, subject to the same procedures, standards, and conditions as an original application.
4. 
Revocation Procedure.
a. 
Grounds Of Revocation. Any conditional use permit granted by the Governing Body in accordance with this Chapter is subject to revocation for any or all of the following reasons:
(1) 
Non-compliance with all the conditions of approval established in the ordinance granting such conditional use permit;
(2) 
A change from the original use or the intensity of the original use for which the permit was issued;
(3) 
Expiration of the conditional use permit;
(4) 
Violation of any provisions of this Chapter; or
(5) 
Violation of any provisions of the Code of Ordinances pertaining to the use of land, construction or uses of buildings or structures, or activities conducted on the premises by the permit holder, agents of the permit holder or tenants and is declared to be a nuisance to the neighborhood in which located.
5. 
Procedure For Revocation.
a. 
Revocation proceedings may be initiated by the Zoning Administrator or his or her designee.
b. 
Notice of intent to revoke shall be mailed to the permit holder's last known address stating the grounds for the intended revocation, and the date, time and place of the hearing.
c. 
The matter will then be placed on a designated Planning and Zoning Commission agenda for hearing, which may be continued for good cause shown.
d. 
The matter will then be forwarded to the Board of Aldermen with the Planning and Zoning Commission's findings and recommendation.
e. 
The Board of Aldermen will consider the findings and recommendation of the Planning and Zoning Commission in rendering their final decision.
f. 
No conditional use permit shall be revoked unless a majority of the Board of Aldermen is satisfied by a preponderance of evidence that grounds for revocation exist.
6. 
Renewal.
a. 
A conditional use permit may be renewed using the same procedure as was used for the original approval set forth in this Section. The Governing Body may grant a renewal containing modifications, but only for existing conditions, without the submission of a preliminary development plan.
G. 
Right To Continue.
1. 
The issuance of a conditional use permit gives no vested rights to the permit holder.
2. 
The rights conferred by the authorization of a conditional use under this Section shall not become effective until the project is constructed and the use actually started.
3. 
A right to continue a conditionally permitted use shall only exist provided all conditions of the conditional use permit and all other City ordinances have been met and continue to be met, and until duly revoked under this Section.
4. 
The right to continue a conditional use authorized under this Section shall last only as long as specified by the conditional use permit.
H. 
Conditional Uses.
1. 
The following uses may be permitted in any zoning district after study and recommendations by the Planning and Zoning Commission as to operation, time limit and other safeguards as the Commission may deem necessary to protect the appropriate use of neighboring property, and to carry out the general intent and purpose of this Chapter, and after public hearing. If the Commission finds that such use would be in violation of the general intent and purpose of this Chapter, or would seriously impair the appropriate use of neighboring property, then such use shall not be permitted. If the Planning and Zoning Commission, after study, deems the proposed use to be in accordance with the above conditions, it shall request the Board of Aldermen to issue a permit, such permit to set out any conditions, regulations or time limit as the Board deems necessary.
2. 
Such use shall comply with the height and area regulations of the district in which it is located, unless waived by the Planning and Zoning Commission.
a. 
Cemetery, Mausoleum Or Crematory. A cemetery, mausoleum or crematory shall be subject to the following conditions and restrictions:
(1) 
All applicable State regulations are met.
(2) 
Access is via an arterial or collector roadway.
b. 
Golf Driving Ranges And Miniature Outdoor.
c. 
Group Homes. Group homes provided that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Provided further, that no group home shall be located within two thousand five hundred (2,500) feet of any other group home.
d. 
Gun Club, Skeet Or Trap Shoot, And Outdoor Target Or Archery Range. A gun club, skeet or trap shoot, and outdoor target or archery range shall be subject to the following conditions and restrictions:
(1) 
Being located on a site of at least two (2) acres.
(2) 
A two-year time limit renewable by the Governing Body after a public hearing.
(3) 
Must be able to demonstrate that all measures have been or will be taken to minimize any risk to adjoining properties stemming from the activities associated with the use of guns and/or archery equipment.
e. 
Hospital, Substance Abuse Treatment Facility Or Mental Health Facility. A hospital, substance abuse treatment facility or mental health facility shall be subject to the following conditions and restrictions:
(1) 
Health and sanitation requirements as may be imposed by the Governing Body and the Health Authorities of the City, County, or State.
(2) 
A minimum lot area of twenty thousand (20,000) square feet.
(3) 
The provision of at least three hundred (300) square feet of lot area for each patient or guest.
f. 
Recreational Facility. An outdoor recreation facility or area such as an amusement park, a baseball or an athletic field, circus, carnival, a race track or fairground with incidental concession facilities, picnic grounds, fishing, swimming and other types of recreation facilities shall be subject to the following conditions and restrictions:
(1) 
The facilities and grounds shall be a sufficient distance from any area zoned or used for residential purposes so that noise, traffic generation and other effects will not adversely impact the residential development.
(2) 
Where the property adjoins an area zoned or used for residential purposes, no building or facility shall be nearer than one hundred (100) feet and no driveway or parking area shall be nearer than fifty (50) feet of such boundary unless topography or other factors justify a lesser setback.
(3) 
The design and layout of the facility shall be in a fashion that minimizes sound and light at the property line.
(4) 
A sound amplification system or any other noise caused by the operation shall not exceed sixty-five (65) decibels as measured at such boundary.
(5) 
Outdoor lighting shall be so designed that light sources are not visible from such boundaries and include shields or cutoffs at the light source to redirect light away from such boundaries.
(6) 
Access to the property shall be directly from arterial streets, and traffic generation and other effects will be handled so as not to adversely affect adjoining property.
(7) 
Landscaping, berming, or fencing shall be provided as required to minimize adverse effects and in accordance with the provisions of this Chapter.
(8) 
A permit may be issued for a specified period as well as for an unlimited time. If the permit is for a specified period of time, the Governing Body may renew the permit upon expiration.
g. 
Storage Facility. Locating and keeping of portable shipment, storage and construction trailers, on a permanent or temporary basis, are subject to approval of a site plan by the Planning and Zoning Commission after determination that density of population, effect of truck traffic and access from surrounding areas to the site, sanitary facilities, water run-off and parking facilities are satisfactory.
h. 
Tourist Cabins Or Motels. Tourist Cabins or motels subject to approval of the site plan by the Planning and Zoning Commission after determination that density of population, sanitary facilities, and parking facilities are satisfactory.
i. 
Utility Buildings. Buildings and premises for public utility services, or public service corporations, which buildings or uses the Planning and Zoning Commission deems reasonably necessary for public convenience or welfare.
j. 
Telecommunications Towers/Antennas.
(1) 
Purpose. The purpose of these standards is to establish general guidelines for the siting of communication towers, antenna structures and antennas for commercial wireless telecommunications.
(2) 
Goals.
(a) 
Encourage the location of towers, where necessary, in non-residential areas;
(b) 
Encourage the joint use of new and existing telecommunication tower sites and other antenna structures;
(c) 
Encourage telecommunication towers, other antenna structures, and antennas to be configured in a way that minimizes the adverse visual impact on the community;
(d) 
Encourage users of communication towers, other antenna mounts, and antennas to configure them in a way that minimizes the adverse visual impact of those structures;
(e) 
Enhance the ability of the City to ensure that wireless telecommunications services are provided to the community quickly, effectively, and efficiently;
(3) 
Minimize the potential adverse effects associated with telecommunication towers through the implementation of reasonable design, landscaping, and construction practices; and
(a) 
Conform to Federal and State laws that allow certain antennas to be exempt from local regulations.
(4) 
Definitions.
TELECOMMUNICATIONS TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like. Terms associated with tower shall mean as follows:
ALTERNATIVE COMMUNICATION TOWER STRUCTURE — Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA — Any exterior apparatus or apparatuses designed for telephonic, radio, data, Internet, or television communications through the sending or receiving of electromagnetic waves including equipment attached to a tower or building for the purpose of providing personal wireless services including, for example, cellular, enhanced specialized mobile radio and personal communications services, telecommunications services, and its attendant base station.
ANTENNA FOR NON-COMMERCIAL USE — Any antenna external to a building, including any supporting structure such as a tower, which is not hand-carried while in use and is used for: reception or electromagnetic signals, such as radio or television broadcasts or direct satellite television; or for transmission of electromagnetic signals by a licensed amateur radio operator or by means of an Earth-orbiting satellite communications device.
ANTENNA, PANEL — An antenna or array of antennas that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also, referred to as directional antennas.
ANTENNA SUPPORT STRUCTURE — Any mast, pole, tripod, tower or similar structure used to support an antenna.
ANTENNA SYSTEM — The combination of an antenna and antenna support structure.
ANTENNA SYSTEM HEIGHT — The overall vertical length of the antenna system above grade. If such system is located on a building, the overall height shall include the height of the building.
ANTENNA TOWER — A structure designed and constructed to support one or more antennas used by commercial wireless telecommunication facilities and including all appurtenant devices attached to it. A tower can be free-standing (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires), or either lattice or monopole construction.
ANTENNA, WHIP — An antenna that transmits signals in 360°. They are typically cylindrical in shape and are less than six (6) inches in diameter and measure up to eighteen (18) feet in height. Also called omni-directional, pipe, or stick antenna.
COAXIAL CABLE — A cable consisting of one (1) or more cylinders with a single wire running down the center of each cylinder.
MAST — Any structure or part of an antenna that has vertical dimensions greater than five (5) times its horizontal dimension that supports or lends support to any part of an antenna.
MICROWAVE — Electromagnetic radiation with frequencies higher than one thousand (1,000) MHz; highly directional signal used to transmit radio frequencies from point to point at a relatively low power level.
MICROWAVE RADIO — A line-of-sign radio transmission using very short wavelengths, corresponding to a frequency of one thousand (1,000) megahertz or greater.
RADIO TRANSMITTING AND RECEIVING ANTENNA — An array or system of wires, tubing and supporting members mounted on a mast, tower or building, used for transmitting and/or receiving radio signals that include, but are not limited to, citizen band and other special frequencies.
SATELLITE PARABOLIC OR DISH RECEIVING ANTENNA — A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, bowl, or cornucopia. Such device shall be used to transmit or receive radio or electromagnetic waves between terrestrially or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas. See: Article 8; Table 8-1.
SATELLITE RELAY — An active or passive satellite repeater that relays signals between two (2) earth terminals.
STANDARD RESIDENTIAL RECEIVING ANTENNA — An array made up of small metal tubing and supporting members that are commonly installed on or near residential buildings for the purpose of receiving television or radio signals.
TELECOMMUNICATIONS CARRIER — A company that provides wireless services. Telecommunication carriers may or may not own the tower they are on; if they are not the owner they are typically leasing the space from a tower company.
TELECOMMUNICATIONS FACILITIES EQUIPMENT SHELTER — A facility, shelter, cabinet, shed, or vaults used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include, for example, air conditioning, backup power supplies and emergency generators.
TOWER COMPANY — A company that owns, operates and maintains the tower infrastructure.
TOWER, GUYED — A monopole or lattice tower that is supported, in whole or in part, by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.
TOWER, LATTICE — A tower characterized by an open frame-work of lateral cross-members that stabilize the structure.
TOWER, MONOPOLE — A telecommunications tower consisting of a single pole, constructed without guy wires and ground anchors.
TOWER, SELF-SUPPORTING — A lattice telecommunications tower that is constructed without guy wires and ground anchors.
WIRELESS TELECOMMUNICATION — The transmission through the air of information in the form of electromagnetic or optical signals; including television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic or optical wireless communication.
WIRELESS TELECOMMUNICATION FACILITY — A facility including antennas and transmitting and receiving equipment for wireless telecommunication, including personal wireless services facilities.
(5) 
Applicability.
(a) 
Antenna And Antenna Structure. An antenna and antenna structure, any portion of which is located within the City of Pleasant Valley, shall be subject to this Chapter, except as otherwise provided herein.
(b) 
Utility Poles. The provisions of this Chapter shall not apply to utility poles that are utilized for the support of electrical, telephone, or cable television, are located on public rights-of-ways or easements for that purpose, and are a part of a system of such poles throughout the City of Pleasant Valley.
(c) 
Pre-Existing Communication Tower, Other Antenna Structure, And Antenna. A pre-existing communication tower, other pre-existing antenna structure, and pre-existing antenna shall not be required to meet the requirements of this Section except upon expiration of an existing conditional or special use permit.
(d) 
Principal Or Accessory Use. An antenna, a communication tower, or an antenna structure, and equipment accessory to the same, may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna, telecommunications tower or other antenna structure, and equipment accessory to the same on such lot.
(e) 
Parcel Boundaries. For purposes of determining whether the installation of a telecommunication tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(f) 
Non-Conforming Use. A tower or other antenna structure that is constructed or installed in accordance with the provisions of this Chapter, although an addition to the property, shall not be deemed to constitute the expansion of a non-conforming use or structure.
(6) 
General Requirements.
(a) 
Federal Requirements.
(i) 
All wireless telecommunication facilities must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the Federal government with the authority to regulate towers and antennas.
(ii) 
If such standards and regulations are changed, then the owner(s) of the wireless telecommunication facility governed by this Chapter shall bring such facility into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency.
(iii) 
Failure to bring a wireless telecommunication facility into compliance with such revised standards and regulations shall constitute grounds for the removal of the facility at the owner's expense. Any such removal by the governing authority shall be in the manner provided in this Section.
(b) 
Building Codes And Safety Standards.
(i) 
To ensure the structural integrity of telecommunication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the International Building Code (IBC) and the applicable standards for towers that are published by the Telecommunications Industry Association (TIA)/Electronic Industries Association (EIA), as amended from time to time. Tower owners shall conduct periodic inspections of telecommunications towers at least once every three (3) years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in Missouri. The results of such inspection(s) shall be provided to the Building Official.
(ii) 
If, upon inspection, the Building Official concludes that a tower fails to comply with such codes and standards and is not a danger to persons or property, then a written notice will be sent to the owner of the tower with a copy of said notice to all of the known lease holders. Such notice shall include:
A) 
A description of the property;
B) 
A statement of the violation(s) and the reason the notice is being issued;
C) 
Statement that the owner shall have thirty (30) days to bring such tower into compliance; and
D) 
A statement that the owner has a right to appeal the Building Official's findings to the Board of Appeals.
If the tower is not brought into compliance within the stated time period above, an extension may be requested by the owner. The extension request shall be in writing and include a proposed plan of action with a timeframe for completion of the work. The Building Official is authorized to grant in writing one (1) or more extensions of time as deemed reasonable and appropriate; however, the owner shall provide proof that action is being taken. If tower is not brought into compliance within the stated time period and no extension is requested, the City may remove such tower at the owner's expense after notice is sent to the property owner and all known lease holders of a Notice Appeal Hearing and such hearing is held.
(iii) 
If, upon inspection, the Building Official concludes that a tower constitutes a danger to persons or property, then upon written notice being provided to the owner of the tower and any known lease holders, the owner shall have fifteen (15) days to inspect the tower and make the necessary repairs. If repairs are not made within the stated time period the City may take whatever action is necessary to remove or lessen the dangerous condition.
(c) 
Conditional Use Permit. A telecommunications tower shall be subject to a conditional use permit, in accordance with the following considerations:
(i) 
Setbacks. No new tower shall be constructed without setbacks from all property lines a distance equal to the height of the tower as measured from the base of the structure to its highest point or as otherwise authorized by the Governing Body in approval of the conditional use permit. Accessory structures shall be governed by the setbacks for that particular zoning district.
(ii) 
Guy Anchors. Guy anchor foundations shall be setback a minimum of ten (10) feet from all property lines.
(iii) 
Separation Distances. The following are the required separation distances from other towers and residential:
A) 
A telecommunications tower over ninety (90) feet in height shall be separated from any other telecommunications tower over ninety (90) feet in height by a distance of at least one (1) mile.
B) 
A telecommunications tower shall be located a distance of four (4) times the tower height from any existing single-family or two-family dwelling that is not on the same lot with the tower, any property zoned for single-family or two-family residential use, and any property where the future use indicated by the Comprehensive Plan is low density residential use.
C) 
This requirement may be waived if it is found to effectively prevent the provision of wireless telecommunications services within the City.
(iv) 
Lighting. A telecommunications tower or other antenna structure shall not be artificially lighted unless such lighting is required by the FAA or other applicable authority. If lighting is required, the Governing Body may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting around the base of a communications tower or other antenna structure may be installed if the lighting complies with City Code and no light is directed toward adjacent properties or rights-of-way.
(v) 
Signage. Signs located at the telecommunications tower shall be limited to ownership, contact information, the FCC antenna registration number and any other warning signs required by the FCC. Commercial advertising is strictly prohibited.
(vi) 
Landscaping. A telecommunications tower facility shall be landscaped in accordance with this Chapter to provide a buffer of plant materials that effectively screen the view of the telecommunications tower base and accessory structures from adjacent property. This may be waived by the Governing Body where natural growth and land forms provide an equivalent buffer. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the Governing Body.
(vii) 
Parking Areas And Drives. Parking areas and drives associated with the telecommunications tower shall be paved in accordance with this Chapter or as otherwise authorized by the Governing Body in the approval of a conditional use permit after making a determination that additional impervious coverage is not in the best interest of adjacent property owners.
(viii) 
Security Fencing. A telecommunications tower shall be enclosed by fencing not less than six (6) feet in height and equipped with an appropriate anti-climbing device. The type of fence shall be in accordance with this Chapter or as otherwise authorized by the Governing Body in the approval of the conditional use permit.
(ix) 
Demonstrated Need. An applicant for a conditional use permit for a telecommunications tower shall provide technical data sufficient to show that a tower of the requested height is necessary in the requested location to maintain the integrity of the entire planned communication system. The applicant also shall show why a system composed of antenna structures lower in height, located on existing structures, or otherwise less visually obtrusive should not be required.
(x) 
Visual Impact. To limit the visual impact of a telecommunications tower, to the extent feasible, the tower shall be:
A) 
Located away from key public viewpoints;
B) 
Located down-slope from the top of ridge lines, so that from key public viewpoints, a smaller portion of the height of the tower is viewed against the sky;
C) 
Placed within forested areas with antennas just above the tree line;
D) 
Located or be of such a height not to necessitate FAA coloring and lighting;
E) 
Located in industrial areas;
F) 
Of the minimum height necessary for operation of the telecommunication system, considering the visual trade-off of a greater number of towers at lower heights; and
G) 
Located outside historic districts designated by the Governing Body and located unobtrusively so as not to be visible from historic structures.
(xi) 
View Of Accessory Equipment. Mobile or immobile equipment not used in direct support of a wireless telecommunications facility shall not be stored or parked on the site of the facility, unless repairs to the facility are being made.
(xii) 
Design. The following standards shall apply:
A) 
A telecommunications tower shall, subject of any applicable standards of the FAA, be painted a neutral color approved by the Governing Body, so as to reduce visual obtrusiveness;
B) 
At a telecommunications tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment; and
C) 
If an antenna is installed on an antenna structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the antenna structure so as to make the antenna and related equipment as visually unobtrusive as possible.
D) 
Tower design will be evaluated on a case by case basis utilizing the following design preferences:
1)
Monopoles are highly encouraged;
2)
Stealth technology shall be incorporated into the placement of antenna utilizing architectural elements or structures whenever feasible. Such antenna placement is appropriate around window frames, doorways, along guttering, incorporated into penthouses, cupolas, steeples, etc.; and
3)
Towers are to be architecturally compatible to the surrounding development(s).
(d) 
Accessory Uses. Accessory uses shall include only such structures and equipment as are necessary for transmission and receiving functions and satellite ground stations associated with them and shall not include broadcast studios, offices, vehicle storage area, or other similar uses. Accessory structures shall be in compliance with the requirements of this Chapter.
(e) 
Exceptions. The Governing Body may reduce the requirements of this Section if the goals of this Section would be better served thereby.
(7) 
Shared Use (Co-Location).
(a) 
Inventory Of Other Antenna Mounts.
(i) 
Each applicant for an antenna or telecommunications tower shall provide to the Zoning Administrator the following inventory information:
A) 
An inventory of its existing antenna mounts that are either within the City limits or within one (1) mile of the City limits, including specific information about the location, height, and design of each antenna mount; and
B) 
Similar inventory of existing antenna structures owned or leased by others that were considered for co-location.
C) 
The Zoning Administrator may provide such antenna structure information to other applicants or organizations having an interest in locating antennas within the City limits. The Department is not, by providing such information, representing or warranting that such sites are available or suitable.
(b) 
Availability Of Suitable Existing Telecommunication Towers Or Other Structures. No new telecommunications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Governing Body that no existing antenna structure is suitable for the applicant's proposed antenna. Evidence submitted to demonstrate that no existing antenna structure is suitable for the applicant's proposed antenna may consist of any of the following:
(i) 
No existing antenna structures are located within the geographic area required to meet applicant's engineering requirements;
(ii) 
Existing antenna structures are not of sufficient height to meet applicant's engineering requirements;
(iii) 
Existing antenna structures do not have sufficient structural strength to support applicant's proposed antenna(s) and related equipment;
(iv) 
The applicant's proposed antenna(s) would cause interference with the antennas on the existing antenna structure, or the antenna on the existing antenna structure would cause interference with the applicant's proposed antenna(s);
(v) 
Fees, costs, or contractual provisions required by the owner in order to share an existing antenna structure or to adapt an existing antenna structure for sharing are unreasonable;
(vi) 
Use of an existing antenna structure would result in a more visually obtrusive installation than the proposed telecommunications tower; or
(vii) 
The applicant demonstrates that there are other limiting factors that render existing antenna structures unsuitable.
(c) 
Renewal Of The Conditional Use Permit For An Existing Telecommunications Tower. Failure of the owner of an existing telecommunications tower to reasonably accommodate additional users in a manner consistent with the goals of this Section, unless there are other limiting factors that render existing antenna structures unsuitable, may be grounds for denial of the renewal of the conditional use permit.
(8) 
Capacity Of Telecommunications Towers.
(a) 
All telecommunications towers over fifty (50) feet in height shall be designed to accommodate antennas for more than one (1) user;
(b) 
The number of users accommodated shall be reasonably proportional to the height of the tower; and
(c) 
The above requirements may be modified to provide the maximum number of compatible users consistent with limitations imposed by radio frequency interference and by considerations of visual obtrusiveness of multiple antennas.
(9) 
Abandonment And Removal.
(a) 
If the use of any antenna mounted on a telecommunications tower ceases, and the antenna is not used for a continuous period of twelve (12) months, the antenna shall be considered abandoned, and the owner of such antenna and tower shall remove it within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such antenna and tower is not removed within said ninety (90) days, the City may remove such antenna and tower at the owner's expense. In the event the owner is defunct or cannot be located, the property owner shall be held jointly and severally responsible for the removal of abandoned facilities. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the antennas on the tower.
(b) 
The owner of the tower shall provide to the City financial security in the form of a bond, letter of credit, or other financial security as approved by the City Attorney; right of access; and any other measures necessary and sufficient to ensure such removal, should it become necessary.
(10) 
Replacement Of An Existing Communication Tower. An existing telecommunications tower may be replaced with a new tower during the effective period of an existing conditional use permit for the existing tower. This replacement shall be subject to approval of the Zoning Administrator, in accordance with the following:
(a) 
Type. A tower shall be replaced with a tower of a design found by the Zoning Administrator to be less visually obtrusive.
(b) 
Height. The height of the new tower shall not exceed that of the tower originally approved for and constructed on the site.
(c) 
Setbacks. The new tower shall comply with setback requirements and shall be within a distance of the existing tower location not exceeding half the height of the existing tower.
(d) 
Color. Color of the new tower shall be subject to staff approval, to ensure that the tower blends into the background as much as is reasonably possible.
(e) 
Accessory Structures. Any changes to the appearance of existing accessory structures shall be subject to staff approval, to ensure that the current standards of the zoning regulations are met and that, at a minimum, the changed structures are as effectively screened as before or blend into the surrounding environment as effectively as before. A new accessory structure shall be subject to the provisions of these standards.
(f) 
Expiration Of The Conditional Use Permit. The expiration date of the existing conditional use permit shall not be altered by construction of a replacement tower.
(11) 
Required Submittals. The following items are required for any new tower application, existing tower renewal, or co-locate as indicated:
(a) 
New Towers. New towers require the submittal of the following items:
(i) 
A Preliminary Development Plan in accordance with this Chapter;
(ii) 
A Conditional Use Permit as detailed in this Section; and
(iii) 
Supplemental technical studies as detailed below.
(b) 
Existing Towers. The following items are required for existing telecommunication towers:
(i) 
A Conditional Use Permit renewal per this Section; and
(ii) 
Supplemental technical studies as detailed below.
(c) 
Administratively-Approved Uses. The following uses (co-locations) are specifically permitted without a conditional use permit, subject to approval of a Final Development Plan. The application shall follow the procedures set forth in this Chapter.
(i) 
Installing an antenna on an existing structure other than a telecommunications tower (such as a building, sign, light pole, water tower, or other free-standing non-residential structure), provided that:
A) 
Such structure is not designated as a historic structure by the Governing Body,
B) 
The antenna does not extend horizontally from the side of such structure farther than the minimum necessary for attachment, and
C) 
Where the antenna extends horizontally from the side of a building, it is camouflaged by the use of materials, colors, textures, or screening that will visually blend the antenna into the building.
(ii) 
Installing an antenna on any existing telecommunications tower of any height, including the placement of additional mounts or other supporting equipment used in connection with said antenna.
(d) 
The Zoning Administrator, Commission, or Governing Body may require additional technical studies deemed necessary to fully evaluate the application. Should the services of an outside consultant be needed to evaluate any such technical studies, the cost of such services shall be borne by the applicant.
(e) 
Where required by the Zoning Administrator as essential to the evaluation of a proposed location, proposed mounting of an antenna shall be shown by an accurately-scaled photo simulation, from not less than three (3) viewpoints approved by the Zoning Administrator.
(f) 
A map of the City and the first half-mile of all bordering communities showing the design of the applicant's entire existing and proposed wireless telecommunications network. Such map shall, at a minimum, indicate the exact location of all proposed and existing tower and antenna sites, their dimensions, specifications, and signal area coverage.
(g) 
Color photo simulations from several different angles showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.
(h) 
A structural integrity study completed and certified by a licensed Professional Engineer. The study should include, at a minimum, the following items:
(i) 
Tower type, age, manufacturer, model number, and all current and proposed antennas and their owners;
(ii) 
A review of wind and ice load design criteria under current conditions and with the proposed additions/changes; and
(iii) 
A statement indicating the condition of the tower's foundation.
(i) 
Tower owners shall provide documentation (i.e., a copy of the FCC Antenna Structure Registration and any other relevant documents) indicating that each telecommunications tower is in compliance with all Federal requirements. A statement declaring that the existing tower is still in compliance and will remain so after any proposed alterations or additions shall be submitted when the structure is altered or antenna(s) added.
(j) 
A copy of an inspection report current within the last three (3) years.
(k) 
Proof of general liability insurance for claims from injury or death and property damage in an amount approved by the City, but not less than two million dollars ($2,000,000.00) per occurrence for personal injury and two million dollars ($2,000,000.00) per occurrence for property damage with the City listed as an additional insured.
(l) 
The tower owner and/or landowner shall promptly notify the City within thirty (30) days by certified or registered mail of the sale, transfer, or assignment of any tower or telecommunications facility. Each co-location shall be conditioned upon the co-locate obtaining the necessary approvals for the subject facility or site from the City prior to siting such facility.
(12) 
Pre-Existing Towers/Non-Conforming Uses. All non-conforming telecommunication towers operative on the effective date of this ordinance (5-15-2017) shall be allowed to continue their present usage as a legal non-conforming use and shall be treated as a non-conforming use in accordance with this Chapter of the zoning regulations. Periodic structural integrity and inspection reports shall be submitted as required by this Chapter.
(13) 
Maintenance. Routine maintenance on an existing telecommunications tower shall be permitted without need for a new application unless the structure is being altered beyond what currently exists per the latest approved plan.
(14) 
Denial. Upon denial of a conditional use permit tower application by the Governing Body, the applicant, or any other person, official or agency who is aggrieved by the final decision may appeal the denial pursuant to this Chapter. Upon denial of an administrative use, the applicant or any other person, official or agency who is aggrieved by the decision may appeal the denial pursuant to this Chapter. In either case, written findings shall be made available to the applicant. The findings should recite the requirements of the ordinance and the failure of the applicant to meet one (1) or more of them.
[Ord. No. 284 §22, 9-21-1964]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, or general welfare. Whenever this Chapter requires a greater width or size of yards, courts, or other open spaces, or requires a lower height of buildings or less number of stories, or requires a greater percentage of lot to be left unoccupied, or imposes other higher standards than are required in any other Statute or local ordinance or regulation, the regulations of this Chapter shall govern. Whenever the provisions of any other Statute or local ordinance or regulation requires a greater width or size of yards, courts or other open spaces, or requires a lower height of buildings or a less number of stories, or requires a greater percentage of lot to be left unoccupied or imposes other higher standards than are required by the regulations of this Chapter, the provisions of such Statute, local ordinances or regulation shall govern.
[Ord. No. 284 §23, 9-21-1964]
A. 
The Board of Aldermen may from time to time on its own action, or on petition after public notice and hearings thereon, as provided herein, amend, supplement, modify, change, or repeal the regulations and restrictions as established herein. Before taking any action upon any proposed amendment, supplement, modification, or change, the same may be referred by the Board of Aldermen to the Planning and Zoning Commission for hearing and report.
[Ord. No. 3165 §§1 — 2, 3-16-2015]
B. 
No action on an amendment, change, modification or repeal shall be taken until after a public hearing is held before the Planning and Zoning Commission in relation thereto, such public hearing may be called by the Planning and Zoning Commission, the Mayor, or the Board of Aldermen, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a paper of general circulation in the City of Pleasant Valley, Missouri, and all owners of land (excluding streets) included in the proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, shall be notified of such proposed change, in writing, by the City Clerk mailed to the address as shown on the tax books at least fifteen (15) days prior to such hearing.
[Ord. No. 3165 §§1 — 2, 3-16-2015]
C. 
In case of a protest against such amendment, supplement, change, modification, or repeal, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the land (exclusive of streets) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by the favorable vote of two-thirds (⅔) of the elected members of the Board of Aldermen.
[Ord. No. 284 §24, 9-21-1964; Ord. No. 754 §1, 6-7-1974]
A. 
The Board of Zoning Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the Chapter in harmony with its general purposes and intent and in accordance with general or specific rules herein contained.
B. 
The Board shall adopt rules in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceeding, showing the vote of each member upon each question, or, if absent, or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be immediately filed in the City Hall and shall be public record. All testimony, objections thereto and rulings thereon at public hearings shall be reported or recorded by a court reporter, or competent mechanical reporting equipment that will allow a transcript to be typed for review. The costs shall be taxed against the applicant and the system of reporting and taxing of costs shall be as directed by the Board. The presence of three (3) members shall be necessary to constitute a quorum.
C. 
Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board, or bureau of the City of Pleasant Valley affected by any decision of the Administrative Officer. Such appeal shall be taken within fifteen (15) days time as provided by the rules of the Board by filing with the Officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from, was taken.
D. 
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Zoning Adjustment, after the notice of appeal shall have been filed with him/her, that by reason of the facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
E. 
The Board of Zoning Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice in writing to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
F. 
The Board shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an Administrative Official in the enforcement of this Chapter.
2. 
To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this Chapter.
3. 
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out of the strict letters of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
4. 
To grant a permit for a temporary building for commerce or industry in a dwelling district which is incidental to the dwelling development, said permit to be issued for a period of not more than six (6) months unless approved by the Board of Zoning Adjustment.
5. 
To permit in District "R-1" to "R-3" inclusive, semi-public parking areas for occupants of apartment houses, multiple dwellings, hotels, apartment hotels, fraternity or sorority houses, lodging houses, member of clubs, and visitors to or patrons of hospitals, institutions, or places of public assembly, provided that such parking areas be improved as required in Sections 400.220 — 400.260, and provided that such parking areas are located not more than three hundred (300) feet therefrom.
6. 
To determine in cases of uncertainty, the classification of any use not specifically enumerated in this Chapter.
G. 
In exercising the above mentioned powers, such Board may reverse or affirm, wholly or party, or may modify the order, requirement, decision or determination as appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.
H. 
The concurring vote of four (4) members of the Board shall be necessary to reverse the order, requirement, decision, or determination of any such Administrative Official, or to decide in factor of the applicant on any matter upon which it is required to pass under this Chapter, or to effect any variation in this Chapter.
I. 
Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the City, may present to the Circuit Court a petition, duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board.
J. 
Upon the presentation of such petition the Court may allow a writ of certiorari directed to the Board of Zoning Adjustment to review such decision of the Board of Zoning Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order.
K. 
The Board of Zoning Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
L. 
If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
M. 
Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
N. 
All issues in any proceedings under this Section shall have preference over all other civil actions and proceedings.
[Ord. No. 284 §25, 9-21-1964]
It shall be the duty of the Mayor to enforce the provisions of this Chapter. No building or other structure shall be erected, constructed, reconstructed or maintained, nor shall it be altered in such a manner as to prolong the life of the building or structure, nor shall the use of any land be changed without first obtaining a permit from the Board of Aldermen to be issued in accordance with the terms of this Chapter. No permit shall be issued unless there shall first be filed in the office of the City Clerk by the applicant therefor, information satisfactory to the Board of Aldermen which shall include a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lot or tract to be occupied, the dimensions and location on the lot of the building to be erected, constructed, reconstructed, enlarged or altered, with measurements from all lot lines to foundation lines of the building, together with a true statement in writing, signed by the applicant, showing the use for which such building or land is arranged, intended or designed; and no permit shall be issued by the Board of Aldermen unless such plan or information shall show that such building or land is to conform in all particulars with the provisions of this Chapter. A record of such applications and plans shall be kept in the office of the City Clerk. The Mayor shall have power to revoke any permit which has been issued, in case of violation of the condition of such permit.
[Ord. No. 284 §26, 9-21-1964]
The owner and general agent of a building or premises where a violation of any provisions of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation, or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be found to be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment, in the discretion of the Court. Any such person, who having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provisions of this Chapter in the respect named in such order, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
[Ord. No. 754 §1, 6-7-1974; Ord. No. 2087 §2, 7-19-1999; Ord. No. 2881 §§1 — 2, 11-3-2008]
A. 
Certain fees are hereby established for filing of applications as follows:
Residential Buildings
Two cents ($.02) per square foot
All other Buildings
Two cents ($.02) per square foot
Accessory Buildings
One cent ($.01) per square foot
B. 
The filing or permit fee for each application of rezoning shall be three hundred dollars ($300.00) plus the cost of real expenses resulting from said review. This fee shall apply to, but not be limited to, zoning district changes, preliminary development plans, final development plans, conditional use permits, variances and text amendments. Where applicable, the fee shall include the expense of initial engineering review, plus the expense of reviewing one (1) resubmittal. All other expenses, including, but not limited to, publication costs, consulting fees, attorney fees, reproduction costs, mailing costs and other expenses resulting from the necessary review, notification, processing, filing, recording and action on said applications or permits, shall be borne by the applicant based on actual costs.
C. 
For each application requiring review by the Board of Zoning Adjustment, a deposit of one hundred dollars ($100.00) shall be required and collected. After all proceedings and reviews, the City Clerk will itemize the actual costs incurred and bill the petitioner for any balance due or refund any amounts not expended.
D. 
The filing or permit fee for each application for a lot split shall be one hundred dollars ($100.00) plus the cost of real expenses resulting from said review. All expenses, including, but not limited to, publication costs, consulting fees, attorney fees, reproduction costs, mailing costs and other expenses resulting from the necessary review, notification, processing, filing, recording and action on said application, shall be borne by the applicant based on actual costs.