[Ord. No. 1223 §I, 4-15-1985]
A. 
Specifications. The automatic fire warning systems shall consist of smoke detectors which are certified by Underwriters Laboratories Inc. as meeting its applicable smoke detector standards, as indicated by a (UL) insignia on the smoke detector unit.
B. 
Where Required. An automatic fire warning system shall be installed and maintained in full operating condition in each guest room, suite or sleeping area of each residential dwelling, mobile home, multiple-family dwelling, apartment houses, boarding houses, lodging houses, fraternity houses, sorority houses, dormitories, hotels and apartment hotels and motels for occupancy by human beings.
C. 
Location. All ceiling-mounted smoke detectors shall be at least twelve (12) inches from the nearest wall, and all wall-mounted smoke detectors shall be least eight (8) inches but not more than twelve (12) inches below the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector.
When actuated, the detector shall provide an alarm suitable to warn the occupants within the individual dwelling unit.
D. 
Power Supply. The primary power for the automatic fire warning system shall be provided by a permanent connection to the commercial light and power source available in the building. The primary source of power may also be provided by batteries.
E. 
Exceptions. Buildings containing an automatic fire extinguishing system throughout are excepted.
F. 
Effective Date. The Section is effective as to new buildings as of the date it is passed and approved by the Board of Aldermen, and effective as to existing buildings as of September 30, 1985.
G. 
Penalties For Violation. For violation of this Section, the owner or general agent of the property where a violation of this Section shall exist, shall immediately stop the violation, make corrections to conform to this Section and be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) and imprisonment for not to exceed ninety (90) days, or both, such fine and imprisonment for each and every day that such violation continues. Any such person who, having been notified of violation under this Section, shall continue to violate the provisions of this Section by failing to comply within ten (10) days after notice shall also, in addition to the criminal penalty, be subject to a civil penalty of one hundred dollars ($100.00) per day and the reasonable attorney fees required to enforce compliance and collection of the penalty herein provided. Every day and after conviction of any person for violation of this Section shall be a separate and distinct offense for which a person may be again arrested, tried, corrected and punished as in the past instance.
H. 
Notice. The City Clerk is directed to send written notice of the requirements, penalties for violation, and effective date of this Section to all known owners of existing commercial and residential family dwellings in Pleasant Valley, Missouri. However, the lack of such written notice does not except any owner from liability under this Section.
[Ord. No. 1988 §§1 — 6, 9-21-1998; Ord. No. 2519 §1, 12-16-2002]
A. 
Definitions. For the purposes of this Section and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
CITY
The City of Pleasant Valley, Missouri.
FENCE
An enclosure or barrier such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees or other natural growth.
FENCE HEIGHT
The vertical distance measured from the side of the fence that is exterior to the property and/or from the lowest adjacent ground level to the top of the fence material. In the case of wire fencing, height shall be measured by the width of the material used providing that when installed the material is directly adjacent to the ground level.
SHARP POINTED FENCE
A barbed fence, a fence with spikes, other sharp points or a razor blade fence.
WIRE FENCE
A fence whose principal material is wire. This includes, but is not limited to, chain link fences.
YARD, EXTERIOR SIDE
On a corner lot, an open space extending from the front building line to the rear lot line between the building line and the side lot line abutting a street.
B. 
Permit Required — Fee. It shall be unlawful to erect any fence in the City without first having obtained a permit for the erection of the fence after the approval of the Public Works Department. No fence may be so constructed as to encroach or have any part thereof upon or over any property other than that of the owner of the fence. The permit fee for construction of a fence shall be determined using the fee schedule utilized for building permits.
C. 
Application And Issuance Of Permit. Application for a fence permit, accompanied by the permit fee set forth above, shall be made to the Public Works Department. The Public Works Department shall review and issue or deny such permit. If the application is approved, the Public Works Department shall issue a permit. The application shall consist of two (2) copies of the site plan containing the following:
1. 
Names, addresses and telephone numbers of the property owner and fence contractor.
2. 
Address and legal description of the project site.
3. 
Statement of materials to be used.
4. 
Diagram showing;
a. 
Property lines and dimensions of the project site; and
b. 
Proposed location of fencing, length of fence lines, height of each section of the fencing, and location of materials used if materials differ from this Section.
D. 
Design And Maintenance.
1. 
All fences shall be maintained in their original upright condition.
2. 
Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed.
3. 
Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and equality.
E. 
Wooden Privacy Fences. Wooden privacy fences may be constructed in side or rear yards only and shall be so constructed that all posts, stringers and other support structures face the property enclosed. Such fences shall be maintained in good repair and in an upright and stable condition at all times.
F. 
Residential Districts (Subdivisions).
1. 
No more than two (2) different types of fencing material (e.g. wood and chain link, two (2) types of wood or vinyl) are permitted.
2. 
No person shall permit any fence erected or maintained on premises owned, occupied or leased by him/her to be used for advertising purposes, except for a small advertising placard stating the contractor who installed the fence.
3. 
Ornamental fencing of forty-eight (48) inches or less in height, not including the height of any columns or imbedded vertical support. The fence may have a ground clearance of no more than six (6) inches. Any fence located in front of any building line shall have at least fifty percent (50%) of its surface open as viewed on any line perpendicular to the vertical plane of the fence for the entire thickness of the fence.
4. 
On corner lots, no fence other than ornamental fences complying with the requirements of Subsection (3) above may be located in front of the building line adjacent to each street frontage.
5. 
On corner lots, fences complying with the requirements of Subsection (1) above may be located at the front building line adjacent to each street frontage as long as there is a fifteen (15) foot setback from the street right-of-way.
6. 
No fence, hedge or wall shall be erected or located in such a manner as to obstruct or hinder traffic flow on streets, alleys or driveways in the vicinity of the property upon which it is located.
7. 
Fences located within any side or rear yard shall not exceed a height of six (6) feet as measured from the topmost point thereof to the ground or surface below.
8. 
No person shall erect or maintain any fence or screen in whole or in part of cloth, canvas or other like material.
G. 
Residential Agricultural Districts (Non-Subdivision Lots).
1. 
Livestock may be kept or maintained on property of more than one (1) acre of land within the corporate limits of the City of Pleasant Valley, Missouri.
2. 
Livestock Fence: An enclosure or barrier such as, but not limited to, wooden posts, steel posts, woven fence wire, barbed wire, electric fence used as a means of confinement of livestock on properties in Pleasant Valley that have more than one (1) acre in pasture where livestock can be maintained. Livestock fence shall not exceed six (6) feet in height not including the height of any columns or imbedded vertical support. On corner lots, fifteen (15) foot setback required from street right-of-way.
3. 
When replacing existing livestock fence, a person may replace fence with materials of the same type as the pre-existing fence.
4. 
Electric fence to be placed on interior of boundary fence. A UL listed, low impedance electric fence charger must be used. Signage to be posted notifying individuals of the electric fence.
5. 
Front yard restrictions do not apply.
6. 
No fence, hedge or wall shall be erected or located in such a manner as to obstruct or hinder traffic flow on streets, alleys or driveways in the vicinity of the property upon which it is located.
7. 
No person shall erect or maintain any fence or screen in whole or in part of cloth, canvas or other like material.
8. 
No person shall permit any fence erected or maintained on premises owned, occupied or leased by him/her to be used for advertising purposes, except for a small advertising placard stating the contractor who installed the fence.
H. 
Commercial Or Industrial Districts.
1. 
Razor wire, barbed wire and similar fences may be permitted by the Board of Aldermen upon a showing that other forms of security for the premises are unreasonable.
2. 
No fence, hedge or wall shall be erected or located in such a manner as to obstruct or hinder traffic flow on streets, alleys or driveways in the vicinity of the property upon which it is located.
3. 
Fences enclosing an institution, public park, public playground, school, commercial or industrial occupancy may be eight (8) feet high.
4. 
Fences surrounding tennis courts shall be open wire mesh fences and shall not exceed twelve (12) feet in height.
5. 
No person shall erect or maintain any fence or screen in whole or in part of cloth, canvas or other like material.
6. 
No person shall permit any fence erected or maintained on premises owned, occupied or leased by him/her to be used for advertising purposes, except for a small advertising placard stating the contractor who installed the fence.
[Ord. No. 2661 §1, 6-14-2004]
A. 
Definitions. For the purpose of this Section and the interpretation and enforcement thereof, the following words and phrases shall have the following meaning, unless the context of the sentence in which they are used shall indicate otherwise:
CITY
The City of Pleasant Valley, Missouri.
CONDUIT
Specifically designed tubing with the purpose to house wire and protect wire from the earth and the elements.
DIRECT BURIAL WIRE
A wire specifically designed and engineered for the direct burial in the ground without the use of conduit.
GFCI
Ground fault circuit interrupter.
GROUND FAULT CIRCUIT INTERRUPTER
A device intended for the protection of personnel that functions to de-energize a circuit or portion thereof within an established period of time when a current to ground exceeds some predetermined value that is less than that required to operate the overcurrent protective device of the supply circuit.
POOL
Swimming pools having a water depth of two (2) feet or more including, but not limited to, private swimming pools, hot tubs and/or jacuzzis.
B. 
Permit Required — Fee. It shall be unlawful to erect any pool in the City without first obtaining a permit for the erection of the pool after approval of the Public Works Department. The permit fee for construction for a pool shall be determined using the fee schedule utilized for building permits.
C. 
Application And Issuance Of Permit. Application for a pool permit accompanied by the permit fee set forth above shall be made to the Public Works Department. The Public Works Department shall review and issue or deny such permit. If the application is approved, the Public Works Department shall issue a permit. The application shall consist of two (2) copies of the site plan containing the following:
1. 
Names, addresses and telephone numbers of property owners and pool contractors.
2. 
Address of the project site.
3. 
Statement of materials being used.
4. 
Diagram showing:
a. 
Property lines and dimensions of project site;
b. 
Proposed location of pool and height of pool;
c. 
Proposed plumbing and electrical improvements to the site to accommodate the pool.
D. 
Design And Maintenance.
1. 
All pools must be maintained and kept free of debris including, but not limited to, algae, leaves and twigs. All pools must be chlorinated properly to manufacturer's specifications.
2. 
Protective enclosures.
a. 
Swimming pool must 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.
b. 
Such protective enclosures shall be maintained by locked gates or entrances when the pool is not tended by a qualified and responsible person.
c. 
A freestanding pool must have a four (4) foot vertical clearance entirely around and a horizontal clearance of thirty-six (36) inches entirely around the pool.
3. 
Electrical regulations.
a. 
All electrical must be plugged into a GFCI outlet.
b. 
Direct burial wire must be used from GFCI outlet at pool to house and must be buried at a depth of sixteen (16) inches or regular wire encased within conduit may be used in the place of direct burial wire and buried at a depth of twelve (12) inches.
4. 
Plumbing regulations.
a. 
The pool installation must comply with the City Sanitary and Plumbing Codes.
b. 
At no time may a pool be drained in a way to cause drainage onto neighboring properties or the street right-of-way. Provisions must be made to adequately drain the pool through the use of a hose by carrying the water to the storm sewer system without adversely affecting neighboring properties or by plumbing into the sanitary sewer system.
[Ord. No. 3082, 1-22-2013]
A. 
Development And Design Standards, Site Grading And Slope Management. To ensure that new development occurs in a manner that maintains acceptable topographical condition, sites shall be designed in accordance with the following standards:
1. 
Grading and erosion control shall be completed in accordance with the technical specification and design criteria for private and public improvement projects as defined by the City.
2. 
Grading shall preserve wherever possible the existing topography, natural ground cover, and vegetation. Natural vistas shall be preserved, and wherever possible, topography shall be used to create and enhance visually creative streetscapes.
3. 
No finished slope shall exceed three (3) to one (1) (3:1) without appropriate management techniques, which may include retaining walls, ground cover or native grasses. Any retaining wall in excess of four (4) feet high shall require plans stamped by a licensed engineer and submitted as part of a development plan application.
4. 
Where these slopes are adjacent to natural drainageways and existing vegetation is removed, permanent erosion control measures shall be provided and replanting of vegetation shall be required. Erosion control measures may include, but are not limited to, bioengineering measures, gabion baskets, concrete channel liners, ditch checks or riprap.
B. 
Development And Design Standards, Storm Water Management. To ensure that new development occurs in a manner that assures minimal impact to downstream properties as a result of proposed changes to existing drainage patterns while maintaining sound site design principles, sites shall be designed in accordance with the following standards:
1. 
Storm water and site drainage shall be managed and facilities provided in accordance with the technical specification and design criteria for private and public improvement projects as defined by the City.
2. 
On-site detention or retention facilities shall be designed in such a manner that is complementary to the overall development and surrounding area. An easement guaranteeing the maintenance of such facilities shall be required to be dedicated prior to the issuance of a final certificate of occupancy.
3. 
A post-construction storm water management plan shall be prepared and submitted for approval. The purpose of post-construction storm water management is to control the peak discharges of storm water from a site and to prevent the discharge of pollutants to the waters of the State to the maximum extent practicable. This includes both the discharge of pollutants from the site itself as well as the discharge of sediment and other native materials through the destruction of the natural stream corridor that is usually related to the quantity of flows. A post-construction storm water management plan at a minimum shall include the following:
a. 
A pre- and post-development hydrologic analysis of the site;
b. 
Identification of pollutants of concern for each area of the site;
c. 
Identification of pollution prevention measures;
d. 
Identification of controls that provide treatment and reduce storm water volumes and velocities;
e. 
Identification of low impact development opportunities that can best mimic the natural hydrology of the site and filter pollutants from the runoff; and
f. 
A plan to provide for long-term operation and maintenance of controls.
C. 
Riparian Buffer. It is the intent of the City to develop stream buffers that provide natural landscaping, establish buffers to open channel systems, and contribute to the City's overall storm water management system. The purpose of the riparian buffer is to prevent development that is hazardous to ecologically sensitive areas and to encourage the use of best management practices within riparian edge buffer zones by promoting sustainable development and landscape practices. The buffer is in itself a filtration, infiltration and stabilization best management practice.
D. 
Riparian Buffer — Applicability. The riparian buffer shall apply to land located within one hundred twenty (120) linear feet of jurisdictional perennial, intermittent, or ephemeral streams as defined by the U.S. Army Corps of Engineers and/or having at least forty (40) acres of drainage area. The buffer shall be measured from the ordinary high water mark perpendicular to the stream. The provisions of this Section are designed to manage uses or any land, in whole or part, located within the buffer area to assist in accomplishing the intent of these provisions. Any structure, vegetation, or situation made non-conforming by the adoption of this overlay district shall be treated as a non-conforming structure or use and shall be held to these regulations under the provisions of Subsection (G).
E. 
Streamside Buffer Zone. The purpose of the streamside buffer zone is to protect the integrity of streams, creeks and other natural water features. Any development proposed in proximity to a riparian area shall comply with the following standards:
1. 
Stream setback: Twenty-five (25) feet from the edge of the stream (ordinary high water mark) or the top of stream bank, including any steep slopes (exceeding three (3) to one (1) (3:1)) whichever is farthest from the edge of the stream.
2. 
Permitted uses within this area include flood control structures, limited utility easements, unpaved footpaths and road crossings. Only native vegetation shall be planted within this area. Existing vegetation shall be preserved to the greatest extent possible. Non-native species of ground covers shall not be allowed. When a permitted use is constructed within the buffer, the area of disturbance shall be minimized to the maximum extent practicable and native vegetation re-established upon completion of the construction.
3. 
Prohibited uses shall include all other uses and structures not specifically listed.
F. 
Outer Edge Buffer Zone. The purpose of the outer edge buffer zone is to provide a buffer between development and the streamside buffer zone. Any development proposed in proximity to a riparian area shall comply with the following standards:
1. 
Stream setback: Variable from fifteen (15) feet to ninety-five (95) feet, measured separately to each side of the ordinary high water mark per the matrix below from the outer limit of the streamside buffer zone boundary or fifty (50) feet from the edge of the boundary of the 100-year floodplain as established by the Federal Emergency Management Agency (FEMA), whichever is farthest from the edge of the stream.
Contributing drainage basin site
Buffer width
less than 40 acres
15 feet
40 acres to 160 acres
35 feet
160 acres to 5,000 acres
75 feet
greater than 5,000 acres
95 feet
2. 
Permitted uses shall include all uses of the streamside buffer zone in addition to the hiking and biking trails, storm water facilities and recreational uses. Limited tree clearing may be allowed by land disturbance permit only. Only native vegetation shall be planted within this area. When a permitted use is constructed within the buffer, the area of disturbance shall be minimized to the maximum extent practicable and native vegetation re-established upon completion of the construction.
3. 
Prohibited uses shall include all other uses and structures not specifically listed.
G. 
Non-Conforming Structures Or Use.[1] The City recognizes that there may be existing structures or uses made non-conforming by the adoption of this overlay district.
It is the intent of this Section to recognize the legitimate interest of owners of lawful non-conformities by allowing these instances to continue, subject to the provisions contained herein. It is also recognized that non-conformities may adversely and substantially affect the development, maintenance, use, and taxable value of other properties subject to the regulations of the City. Therefore, it is necessary to provide regulations for the continuance of non-conformities, but to prohibit the re-establishment of certain non-conformities that have been discontinued.
[1]
Cross Reference — As to discussion of "non-conformity", §§400.180 — 400.190.
H. 
Applicability. Any lawfully existing structure or use that does not conform to the regulations of the district in which it is located shall be considered non-conforming and shall be subject to the provisions of this Section.
I. 
Lawful Non-Conforming Lots.
1. 
Any lot having insufficient area, width, or depth for the zoning district in which it is located or insufficient frontage on an improved public or private street or any combination thereof shall be considered a lawful non-conforming lot if it was platted and recorded prior to the effective date of this Section.
2. 
No non-conforming lot, or any portion thereof, shall be used or sold in a manner that would increase its degree of non-conformity.
J. 
Lawful Non-Conforming Structures. Structures lawfully constructed prior to the effective date of this Section, but which could not be constructed under the terms of this Section or other ordinances set forth by the City, shall be considered lawful non-conforming structures. The use of these lawful non-conforming structures may be continued so long as they otherwise remain lawful and no other reconstruction, enlargement, or alteration increases the degree of non-conformity. A non-conforming structure may be altered to reduce the non-conformity.
K. 
Lawful Non-Conforming Uses. Any use of land or structure lawfully existing on the effective date of this Section, but which would not be permitted under the provisions of this Section or other ordinances set forth by the City, shall be considered lawfully non-conforming. This use may be continued so long as it remains otherwise lawful and is not enlarged, extended, moved, relocated, or altered in a way to increase the degree of non-conformity.
L. 
Allowance Of Non-Conformity.
1. 
Any structure or use made non-conforming by the adoption or subsequent amendment of this Section shall be allowed to continue without interruption or alteration subject to the provisions of this Section.
2. 
Structures that do not conform to the height and area regulations for the district in which they are located may be altered or enlarged only if changes are made in conformance with the provisions of this Section, unless determined by the Director of Public Works to be ordinary maintenance.
3. 
If a natural disaster, fire, or casualty damages any non-conforming structure, it may be rebuilt in its non-conforming nature within twelve (12) months of the damage.
4. 
The non-conforming use of a non-conforming structure may be changed to a permitted use without affecting the non-conforming nature of the structure. However, all provisions of this Section shall still apply to the structure.
5. 
A non-conforming use may be expanded within an existing structure only without structural alterations. At such time as structural alterations are made, both the structure and the use of the structure shall be in compliance with the provisions of this Section or other ordinances set forth by the City.
M. 
Restriction Of Non-Conformities.
1. 
A non-conforming structure or use under the previously existing regulations, which exists on the effective date of this Section, shall not be in conformance solely by reason of the adoption of this Section and shall remain non-conforming until the time that the structure or use is in full compliance with the provisions of this Section and other ordinances set forth by the City.
2. 
Whenever a non-conforming use is superseded by a permitted use, the lawful non-conforming use shall not be resumed.
3. 
Non-conforming structures with uses not conforming to the district in which they are located shall not be altered or enlarged unless both the structure and the use are made to comply with all provisions of this Section or other ordinances set forth by the City.
4. 
A non-conforming structure intended for a use not in compliance with this Section or other ordinances set forth by the City that was vacant for the one hundred eighty (180) consecutive days prior to the effective date of this Section shall not be used for any use other than those permitted within the district in which the structure is located.
5. 
The non-conforming use of a structure intended for a use permitted in the district in which it is located may not be expanded or changed to another non-conforming use.
6. 
Any non-conforming use, which is located in a structure otherwise intended for a use permitted within the district it is located, which is stopped for the one hundred eighty (180) consecutive days prior to the effective date of this Section shall not continue unless made to comply with the provisions of this Section or other ordinances set forth by the City.
7. 
A non-conforming use of land shall not be expanded beyond the area it occupies nor changed to any other non-conforming use.
8. 
A non-conforming use of land discontinued for a period of one hundred eighty (180) consecutive days shall not be renewed unless it is made to conform to the provisions of this Section or other ordinances set forth by the City.
a. 
The non-conforming use of land caused by the permitted use of a conforming structure shall be allowed for the duration of the use of the structure, excluding inadequate off-street parking facilities.
b. 
At such time as structures are no longer used in connection with the non-conforming use of land, such use shall be discontinued within twelve (12) months.
c. 
A non-conforming use of land that is accessory to a non-conforming use of a structure shall be discontinued at the time the use of the structure is also stopped.