[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. 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.
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.