[R.O. 2001 § 405.010; CC 1990 § 18.010]
This Chapter is adopted for the purpose of developing the land
usage of the City of Clarkson Valley in an orderly manner, affording
protection to property values, preserving the characteristics of the
City, regulating and restricting the height, number of stories and
size of buildings and other structures, the percentage of lot that
may be occupied, the size of yards and other open spaces, the density
of population; the locations, erection, construction, reconstruction,
alteration and use of buildings, structures and land for trade, residence
or other purposes, and promoting the health, safety, convenience,
comfort, morals, prosperity and general welfare of its inhabitants.
[R.O. 2001 § 405.020; CC 1990 § 18.020]
The provisions of this Chapter constitute the minimum requirements
for the promotion of the public health, safety, convenience, comfort,
morals, prosperity and general welfare. It is not intended by this
Chapter to interfere with, abrogate or annul any ordinances, rules,
regulations, or permits heretofore or hereafter issued which are not
in conflict with this Chapter, except as specifically provided herein;
nor is it intended by this Chapter to interfere with, abrogate or
annul any easements, covenants, or other agreements between parties
with respect to the use of buildings or premises, except that if this
Chapter imposes greater restrictions the provisions of this Chapter
shall control.
[R.O. 2001 § 405.030; CC 1990 § 18.030]
A.
In determining the usage of land and buildings, the restrictions
thereon, any exceptions thereto, and otherwise in applying, interpreting,
and enforcing this Chapter, the following standards shall be taken
into consideration:
1.
In general, it shall be considered whether the proposed use
will promote or endanger the public health, safety, convenience, comfort,
morals, prosperity and general welfare of the inhabitants of the City
of Clarkson Valley.
2.
The location, size, and characteristics of the City and its
relationship to other communities in the Greater St. Louis Metropolitan
Area shall be considered. In particular, account shall be taken of
the relatively small size of the City and that it is predominantly
a rural and residential area of farms and single-family homes located
outside the commercial and industrial zones of the St. Louis metropolitan
area.
3.
The present use of the land area of the City, and the preservation
of existing property values, shall be considered. In particular, account
shall be taken of the fact that the development of the City has been
primarily through small subdivisions of private homes, under provisions
for private maintenance of streets serving the subdivisions, and consideration
shall be given to the effect of any proposed use of land and buildings
upon investments made in homes and the assumption of liability for
the private maintenance of streets.
4.
The safety of inhabitants of the City and, in particular, the
dangers arising from the congestion of public or private streets shall
be considered. Account shall be taken of the fact that sidewalks are
seldom provided along the streets of the City and that streets are
used for pedestrian as well as for vehicular traffic. Consideration
shall be given to the limited number of thoroughfares maintained by
public authority and to the necessity of avoiding congestion on the
thoroughfares and the extensive use thereof by pedestrians.
5.
The providing of adequate police and fire protection to the
City and to its inhabitants and other persons shall be considered
and, in particular, the necessity of affording access at all times
along public and private streets to the homes, institutions and other
structures in the City. Account shall be taken of any disproportionate
burden upon police and fire personnel, facilities, and equipment which
will arise from any proposed use of land or buildings.
6.
The maintenance of a clean, quiet, orderly and pleasant community
shall be considered and, in particular, the desirability of avoiding
unnecessary or undue noise, noxious or unpleasant odors, fumes, and
smoke, and unsightly grounds and buildings.
7.
The avoidance of overcrowding of land and undue concentration
of population shall be considered and in particular, the maintenance
of approximately uniform ratios of population to land area in the
developed portions of the City.
8.
The furnishing of transportation, water, storm drainage, sewer
disposal and public utility services shall be considered and, in particular,
the effect upon such services, and the cost thereof, of any proposed
use of land or buildings.
9.
The suitability of land within the City for any proposed use
shall be considered and, in particular, its relationship to the surrounding
area, its terrain and drainage, its size and proximity to public transportation,
its effect upon pedestrian and vehicular traffic, the adequacy of
access to the property, the effect thereof upon the value of other
properties, and other factors pertaining thereto in light of the standards
set forth above.
[R.O. 2001 § 405.040; CC 1990 § 18.040; Ord. No. 92-6 § 2, 3-19-1992; Ord. No. 96-11 §§ 1
– 2, 9-3-1996; Ord.
No. 00-08 §§ 1 – 2, 3-7-2000; Ord. No. 02-02 § 1, 2-5-2002; Ord. No. 02-08 §§ 1 – 2, 7-16-2002; Ord. No. 02-11 §§ 1 –
2, 10-1-2002; Ord. No.
04-11 §§ 1 – 2, 7-13-2004; Ord. No. 04-16 §§ 1
– 2, 9-7-2004; Ord.
No. 04-18 §§ 1 – 2, 9-7-2004; Ord. No. 05-06 §§ 1
– 2, 6-7-2005; Ord.
No. 06-15 §§ 1 – 2, 9-5-2006; Ord. No. 07-04 §§ 1
– 2, 3-6-2007; Ord.
No. 07-09 §§ 1 – 2, 6-5-2007]
Words used in the present tense shall include the future; the
singular number shall include the plural and the plural the singular;
the word "building" shall include the word "structure" and "premises"
and the word "shall" is always mandatory and the word "may" is always
permissive. The following definitions shall apply to the respective
terms and words when used in, or in connection with, this Chapter:
A subordinate building or portion of the main building, the
use of which is incidental to that of the main building or to the
use of the premises.
Any structure, the use of which is incidental to the principal
use of another structure on the same premises.
A use incidental and subordinate to the principal use of
the premises or land.
Any structure containing one (1) or more rooms, or living
areas, whether fully enclosed or not, added to an existing building.
A way which provides a secondary means of access to abutting
property.
Unless otherwise defined in any Section of this Chapter,
the term "antenna structure" shall mean all fixed antennas, including,
but not limited to, all radio and television towers and antennas,
satellite master antenna systems, television antennas and satellite
receiving dishes.
A building designed or used for the storage of motor vehicles
owned by the occupants of the main building and which is either an
integral part of the main building or connected to the first story
of the main building with a connecting roof element that includes
continuous roof lines.
ROOF ELEMENTThe roof structure and material for an attached garage and the connecting element shall be of the same material and structural system as the main residential building and incorporate the same pitch and slope ratio. The underside of the connecting element shall be completely enclosed, utilizing workman-like finishing material as approved by the Architectural Review Board.
EXTERIOR ELEVATIONThe exterior elevations of the attached garage and connecting elements shall be constructed of similar material, fenestration and structural material of the main residential building. The attached garage and connecting element shall be located within the allowable building lines and be constructed in compliance with the building codes of the City of Clarkson Valley and St. Louis County.
A story having part of its height below grade, and the word
shall include cellar.
An area not to exceed two hundred (200) feet in depth which
is maintained in parklike condition for recreational or scenic purposes,
although not open to the general public.
Any structure for the shelter, support, protection or enclosure
of persons, animals, chattels or property of any kind.
The line established by law, beyond which no building, nor
any part thereof, nor any structure shall extend, except:
The vertical distance from the grade to the top of the highest
roof beams of a flat roof, or to the mean level of the highest gable
or slope of a hip roof. When a building faces on more than one (1)
street, the height shall be measured from the average of the grades
at the center of each street front.
A covered structure used to offer limited protection to vehicles,
primarily cars, from rain and snow. The structure can either be free
standing or attached to a wall. Unlike most structures, a carport
does not have four (4) walls, and usually has one (1) or two (2).
[Ord. No. 21-02, 2-2-2021]
Burial grounds for human remains.
A building designed or used primarily for religions worship,
including activities customarily incidental thereto, such as rooms
for nurseries, instruction, recreation, and ministerial residence.
The word "church" as used herein shall include the word temple.
A building, or portion thereof, or premises used primarily
by members for social or recreational purposes, including services
to members customarily incidental thereto.
An open space with or without direct street access around
which is arranged a single building or group of related buildings.
A wall less than twenty-four (24) inches in height from the
bottom of the footing that does not support a surcharge; comprised
of stone, concrete, wood, man-made wood or other like matter that
must either fully encompass or partially surround trees or landscaping.
A decorative landscape wall cannot be used as a designated property
marker and/or other boundary marker.
[Ord. No. 16-11, 11-1-2016]
The act of changing a tract of land and the state of a tract
of land after its function has been purposefully changed by man, including,
but not limited to, structures on the land and alterations to the
land.
An area within which the regulations governing the use of
premises and buildings are uniform.
Any building, or portion thereof, designed or used for residential
purposes.
A building designed for or occupied by one (1) family.
A facility, public or private, utilized primarily for the
education of individuals in a generally accepted field of study or
knowledge at the elementary, secondary, collegiate, graduate, or post-graduate
level. Institutions providing adult continuing education shall also
be deemed an education institution.
Minimum Requirements.
All education institutions shall employ instructors who are
members of recognized State and/or national professional associations.
All education institutions shall provide documentation of the same
to the City upon request therefor.
All education institutions shall maintain a monthly class schedule
and must provide a minimum of one hundred (100) hours of classroom
instruction to students and the public every month. The institution
shall maintain records regarding its classroom instruction, including
the name of the instructor, the names of all students attending, and
the time, date, topic, and duration of each class. The institution
shall allow the City the right to inspect its classroom instruction
records upon request therefor.
Limitations On Ancillary Sales.
As part of the institution's operations it shall be allowed
to display, and its staff shall be allowed to demonstrate, products
related to its field of study for sale to the general public, provided
however that:
Such sales activity is ancillary to the educational activities
of the institution;
Such sales activity is limited to the hours of 10:00 A.M. to
8:00 P.M. on weekdays; to the hours of 10:00 A.M. to 5:00 P.M. on
Saturdays; and on Sundays, the hours of 12:00 P.M. to 3:00 P.M. are
limited to plays, recitals, etc., and not sales or instructions; and
The institution shall not keep and maintain on premises for
purposes of sales inventory more than three (3) additional examples
of any product displayed for sale during any twenty-four-hour period.
As part of the institution's educational operations, it shall
also maintain a maintenance/service department that services equipment
used by the institution and products displayed for sale to the public,
provided however, that the maintenance/service department must be
in operation a minimum of thirty (30) hours per week within the hours
of operation as stated above.
[Ord. No. 16-02, 4-5-2016]
One (1) or more persons related by blood or marriage occupying
a premises and living together as a single housekeeping unit.
No greater than two (2) adult persons unrelated by blood or
marriage, whether or not accompanied by a child or children related
by blood or marriage to at least one (1) of said adults, or by foster
child or children of one (1) of said adults or by a child or children
over whom one (1) of said adults has legal custody, and all said persons
living together as a single housekeeping unit.
For purposes of this Chapter, an "adult" shall be defined as
an individual eighteen (18) years of age or older.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees, and grain, and their storage on
the area, as well as for the raising thereon of the usual farm poultry
and farm animals, such as horses, cattle, sheep, and swine and the
normal buying and selling of livestock. The terms "farms" and "farming"
include: the operating of such an area for one (1) or more of the
above uses, including accessory uses for treating or storing the produce;
provided however, that the operation of any such accessory uses shall
be secondary to that of the normal farming activity, and provided
further that farming does not include the extraction of minerals or
the commercial feeding of garbage or offal to swine or other animals.
Floor area in the following districts:
Zone "A" Semi-Rural District. The gross horizontal areas of
the several floors of a dwelling, institution or other building, exclusive
of garages, basements, cellars and open porches, measured from the
exterior faces of the exterior walls of a dwelling.
Zone "C" Office District. The area of the building, exclusive
of penthouses and basements, as measured from the inside face of exterior
walls.
The floor area of the building or buildings on a lot divided
by the horizontal area of the lot.
The linear distance which property abuts a public or private
street or place.
An accessory building or portion of the main building designed
or used for the storage of motor vehicles owned or used by the occupants
of the main building.
That line formed by the intersection of the finished fill
with all the outside walls of the structure.
A structure which provides residential, non-institutional
housing for a group of six (6) or more unrelated individuals or related
and unrelated individuals, where physical assistance and/or other
supportive services are provided by professional support persons at
least one (1) of whom lives in the residence. A group home shall have
no more than ten (10) residents, inclusive of supervisory personnel,
except as otherwise provided in this Code. A "group home" is further
defined as Type A or Type B according to its client population as
listed below.
GROUP HOMETYPE A — A group home serving no more than eight (8) handicapped individuals. A Type A group home may be further defined as follows:
GROUP HOME FOR DEVELOPMENTALLY DISABLED PERSONSA State-licensed group home exclusively for the care of persons with developmental disabilities as defined and regulated by the Missouri Department of Human Services or other authorized agency.
GROUP HOME FOR ELDERLY PERSONSA group home of persons sixty (60) years of age or older who do not require medical attention associated with a residential health care facility. Group homes for elderly persons shall be licensed as an assisted living residence or alternative care facility by the Missouri Department of Public Health or other authorized agency.
GROUP HOME FOR MENTALLY ILL PERSONSA State-licensed group home exclusively for the care of persons with mental illness as defined and regulated by the Missouri Department of Public Health or other authorized agency.
GROUP HOMETYPE B — A group home that does not meet the definition of a Type A group home whose residents are not handicapped or protected under Federal or State fair housing legislation. A Type B group home shall also include a Type A group home which exceeds eight (8) handicapped residents subject to the provision for reasonable accommodation set forth herein.
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities. A person with
a handicap includes the following:
Any occupation, trade or profession carried on by a member of
the immediate family, residing on the premises, in which:
No person is employed other than a member of the immediate family
residing on the premises;
No goods are stored on the premises or shipped from the premises
except those prepared on the premises;
No mechanical equipment is installed or used except such as
is permissible for purely domestic or household purposes;
No pedestrian or vehicular traffic is generated near the residential
dwelling as a direct result of the occupation, trade or profession,
other than immediate family members residing on the premises;
No exterior display, no exterior alteration of the property,
including expansion of parking, no exterior sign, no exterior storage
of materials and no other exterior indication of a home occupation
or variation from the residential character of the premises;
No use shall require structural alterations to the interior
or exterior of the building which changes the residential character
thereof; and
There shall be no demand for parking beyond that which is normal
to the neighborhood and no visual or excessive traffic to and from
the premises.
Provided further, that no display or other activity shall be
permitted to indicate from the exterior that the residential dwelling
is being utilized in whole or in part for any purpose other than that
of a residential dwelling.
An institution providing medical treatment and overnight
bed care for the sick or injured other than for the insane, aged,
feebleminded, alcoholics or drug addicts. The term "hospital" shall
not be construed in any manner to include a mental institution, sanitorium
or convalescent home.
A building, portion thereof, or premises used or occupied
by any person, organization or corporation for a service to the public
which is not for profit, including religious, educational, and medical
institutions.
A paved off-street space used for the loading and unloading
of vehicles, except passenger vehicles, in connection with the use
of the property on which such space is located.
Lot in the following districts:
Zone "A" Semi-Rural District. A parcel of land occupied or intended
for occupancy by one (1) main building together with its accessory
buildings, including the open spaces required by this Chapter and
having its principal frontage upon a street or road or upon an officially
approved place. A lot shall not include any land described in or included
in any easement for a street, place or road. In the event a lot includes
any portion of a lake or pond, said lot shall have a minimum dry area
of two (2) acres.
Zone "C" Office District. A parcel consisting of at least five
(5) acres for use as permitted in the Zone "C" District.
The lines bounding a lot.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Recorder of Deeds of St. Louis
County, or a lot described by metes and bounds, the description of
which has been recorded in the office of the Recorder of Deeds of
St. Louis County.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
An interior lot having a frontage on each of two (2) streets
approximately parallel to each other.
Any building, land or premises lawfully occupied by a use
at the time of passage of this Chapter or amendments thereto, which
does not conform after the passage of this Chapter or amendments thereto
with the use regulations of the district in which it is situated.
A place where trees and other plants are propagated for sale
and use in landscape, garden, orchard or forest. The term shall include
tree farms.
The keeping of any goods, materials or equipment in any yard,
or on any open lot, other than for vehicular parking in compliance
with this Chapter or the temporary storage of construction materials
on a construction site.
An area of land used or intended for off-street parking facilities
for motor vehicles.
A surfaced area, enclosed in the main building or in an accessory
building, or unenclosed, having an area in the following districts:
ZONE "A" SEMI-RURAL DISTRICTNot less than one hundred eighty (180) square feet exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
ZONE "C" OFFICE DISTRICTAs specified in the "C" Office District Regulations.
Rooftop mechanical equipment attached to a structure.
A game resembling tennis in which players use paddles to
hit a perforated plastic ball over a net.
[Ord. No. 20-07, 11-3-2020]
Any open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
A continuous area of land, including any buildings or structures
thereon, under single ownership or operation, containing one (1) lot,
or two (2) or more adjacent lots or fractions of lots.
A building and area used for social purposes only, including
the serving of food, refreshments, and any intoxicating beverage,
whose normal use is limited to members of the club and their guests,
and which club does not provide a service customarily carried on as
a business.
An area consisting of a golf course containing at least nine
(9) holes, which may include other recreational facilities and accessory
buildings incidental thereto, with usage limited to social purposes
for members and their guests. The serving of food, refreshments and
intoxicating beverages to the members and their guests may be authorized
in said area, but no service customarily carried on as a business
may be provided.
A wall or similar structure designed for the retention of
dirt, gravel, sand, soil or other landscaping, natural or man-made
material. Retaining walls constructed to a height of four (4) feet
or less do not require a building permit as long as the retaining
wall is constructed entirely within the front, side and rear building
lines. All other walls require a building permit. If an existing retaining
wall over four (4) feet in height is replaced, the property owner
shall obtain a building permit prior to any reconstruction of the
retaining wall. If a property owner desires to replace an existing
retaining wall which is located outside the building line and/or desires
to modify the height and/or length of the retaining wall, the Board
of Adjustment must approve such replacement or modifications before
any such construction may commence. Exception: decorative landscape
walls (see definition).
[Ord. No. 16-11, 11-1-2016]
A golf safety net can be used as a backstop for a golf driving
range and to protect the area behind the net and along the edge of
the driving range; e.g., a street, pedestrian walkway, or golf cart
path.
[Ord. No. 23-02, 4-4-2023]
All property dedicated or intended for a public or private
road, street, alley, highway, freeway, or roadway purposes or to public
easements therefor, and which affords the principal means of access
to abutting property.
A building, or portion thereof, the primary use of which
is for education, together with services customarily incidental thereto.
Any school, other than a public school, which is not operated
for profit.
Any school which is operated for profit.
Any school owned or operated by public authority.
The triangular area:
Of a corner lot bounded by the property lines and a line connecting
the two (2) points on the property lines thirty (30) feet from the
intersection of the property lines.
Formed by connecting two (2) points on the respective intersecting
right-of-way lines thirty (30) feet from the intersection of said
right-of-way lines for any roads, streets or entrances.
Any panel, painted or illuminated, advertising the name of
a person, firm or product, or having any form of inscription thereon.
A sign which gives only basic information concerning the
existence of a commercial enterprise, service, or other activity,
conducted or offered on the premises upon which the sign is erected.
A sign identifying entrances, exits, aisles, ramps, and similar
traffic-related information.
Any sign, painted on or attached to, and erected parallel
to the face of a wall of a building, or a boundary wall or fence,
and supported solely by the structure to which it is affixed, and
not extending more than six (6) inches from the face of the structure
to which it is attached.
A sign which conveys cautionary and similar information.
A sign intended for use for only a limited period of time.
A fence constructed in such a way so that more than twenty
percent (20%) of the surface area of the fence obstructs a view through
the fence from a position perpendicular to the fence.
[Ord. No. 20-07, 11-3-2020]
Any social, athletic or charitable engagement, activity or
event of a limited time duration requiring the issuance of a special
permit for parking or requiring the issuance of any other permit by
any other governmental regulatory authority.
That portion of a building, other than a basement or cellar,
included between the surface of any floor and the surface of the floor
next above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
A public or private way which affords the principal means
of access to abutting property.
The dividing line between a lot, tract, or parcel of land
and the right-of-way of a contiguous street.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof or in the exterior walls.
Anything, with the exception of swing sets located within
the building lines, constructed, erected or located thereon, the use
of which requires permanent locations on the ground or which, though
movable, is used for a purpose which usually and customarily involves
permanent location on the ground (including, but without limiting
the generality of the foregoing, advertising signs, billboards, poster
panels, backstops for tennis courts, pergolas and buildings for the
housing of animals and fowls). The use of chicken wire, barbed wire,
chain link, or similar material in the construction or maintenance
of a structure is prohibited.
[Ord. No. 22-09, 9-6-2022]
[Ord. No. 22-04, 2-1-2022]
Any man-made structure or prefabricated device, being portable
or non-portable, designed for the storage, containment, retention,
collection or circulation of water having a sidewall greater than
fifteen (15) inches and/or a diameter greater than six (6) feet and
which shall be designed or used for swimming.
|
All swimming pools shall be constructed so that the pool is
installed below the existing grade of the surrounding yard and shall
otherwise be installed into the ground. Above-ground and on-ground
swimming pools are prohibited.
|
|
For above ground enclosures, portable or non-portable, designed
for the storage, containment, retention, collection, or circulation
of water (wading pool) having a sidewall greater than fifteen (15)
inches and/or a diameter greater than six (6) feet are prohibited.
|
A game in which two (2) or four (4) players strike a ball
with rackets over a net stretched across a court. The usual form (originally
called "lawn tennis") is played with a felt-covered hollow rubber
ball on a grass, clay, or artificial surface.
[Ord. No. 19-03, 4-2-2019]
A major through street maintained by public authority.
A tract of ground cultivated for producing and raising vegetables,
fruits, flowers and herbs for sale on the ground or delivery to the
market.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of a structure from the ground upward,
except driveways for ingress and egress and except as otherwise provided
herein.
A yard extending across the front of a lot between the side
lot lines and having a depth equal to the minimum horizontal distance
between the street line and the main building or any projection thereof,
other than the projection of the usual steps or entranceway.
A yard extending across the rear of a lot between the side
lot lines and having a depth equal to the minimum horizontal distance
between the rear lot line and the rear of the main building or any
projections other than steps, unenclosed balconies or unenclosed porches.
On both corner lots and interior lots the rear yard shall in all cases
be at the opposite end of the lot from the front yard.
A yard extending from the front yard to the rear yard, and
having a width equal to the minimum horizontal distance between the
side lot line and the side of the main building or any projections
thereof.
The front, rear and side yards on corner lots shall be determined
and designated with reference to that street on which the lot has
the least amount of linear frontage. The front yard shall be that
part of the lot abutting and parallel to the street on which the lot
has the least linear frontage and the rear yard shall be that part
of the lot opposite to the front yard and farthest removed from the
street with the least linear frontage. The designation of front, rear
and side yards on corner lots as herein provided may be incompatible
with other lots in the area because of the size or shape or location
of the corner lot in which case the determination and designation
of front, rear and side yards shall be made in the discretion of the
City authority having jurisdiction of the matter.
[R.O. 2001 § 405.050; CC 1990 § 18.050]
A.
The Planning and Zoning Commission shall make and adopt a plan for
the physical development of any territory that may be annexed or in
any other manner acquired by the City. The plan, with accompanying
maps, charts and descriptive and explanatory matter, shall show the
Commission's recommendations for the physical development and uses
of land within the City; the general location, character and extent
of streets, bridges, parks, and other public ways, grounds, places
and spaces; the general location of public buildings and other public
property; and the general location and extent of public utilities
and terminals.
B.
In the preparation of the plan the Commission shall make careful
and comprehensive surveys and studies of the existing conditions and
probable future growth of the City. The plan shall be made with the
general purpose of guiding and accomplishing a coordinated development
of the City which will, in accordance with existing and future needs,
best promote the general welfare, as well as efficiency and economy
in the process of development.
C.
Before adoption, amendment, or extension of the plan the Commission
shall hold at least one (1) public hearing. At least fifteen (15)
days' notice of the time and place of the hearing shall be published
in a newspaper having general circulation within the City. The hearing
may be adjourned from time to time. The adoption of the plan shall
require a majority vote of the full membership of the Commission.
The resolution shall refer expressly to the maps, descriptions, and
other matters intended by the Commission to constitute the plan. The
action taken shall be recorded on the plan by identifying signature
of the Secretary of the Commission. The plan shall be filed in the
office of the Commission identified by appropriate file number. A
copy of the plan shall be certified to the Board of Aldermen and the
City Clerk.
D.
The Board of Aldermen shall consider any adoption, amendment or extension
of the plan at a regular or special meeting in accordance with Sections
89.010 through 89.490, RSMo., as amended, and as provided in this
Chapter. If the Board approves the plan the City Clerk shall be instructed
to file a copy of it with the official records of the City. If the
Board of Aldermen does not approve the plan it shall be returned to
the Commission with appropriate comments from the Board. The Commission
shall reconsider the plan and resubmit it to the Board with such modifications
or changes as it deems appropriate in light of the comments of the
Board.
E.
After approval of the plan by the Board of Aldermen the subdividing of any land within the City of Clarkson Valley shall be coordinated with the City Plan in accordance with the provisions of Chapter 410, Subdivision Regulations.
F.
After approval of the plan by the Board of Aldermen no street or
other public facility or facility of a public utility, the location,
extent and character of which has been included in the plan, shall
be constructed or authorized in the City until the location, extent
and character thereof has been submitted to and approved by the Commission.
In case of disapproval the Commission shall communicate its reasons
to the Board of Aldermen which may overrule the Commission by a vote
of two-thirds (2/3) of its entire membership. Failure of the Commission
to act within sixty (60) days after the date of official submission
to it shall be deemed approval of the improvement.
G.
No owner, or agent of the owner, of any land located within the platting
jurisdiction of the City shall knowingly, or with intent to defraud,
transfer, sell, agree to sell, or negotiate the sale of the land by
reference to, or by other use of, a plat of any purported subdivision
of the land, before the plat has been approved by the Board of Aldermen
and recorded in the office of the County Recorder of St. Louis County,
unless the owner or agent shall disclose in writing that such plat
has not been approved by such Board and the sale is contingent upon
the approval of such plat by such council or planning commission,
under penalty of forfeiture to the City of the sum of three hundred
dollars ($300.00) for each lot transferred or sold, or agreed or negotiated
to be sold. The City may enjoin or vacate the transfer, sale, or agreement
to sell, by appropriate legal action, and may recover the penalty
in any such action.
H.
The Commission is authorized and empowered to prepare a zoning plan
for the regulation of the height, area, bulk, location and use of
private, nonprofit, and public buildings, structures, and premises,
and of population density, consistent with the provisions of this
Chapter, and may, from time to time, recommend to the Board of Aldermen
changes in, or modifications of, district boundaries, classifications,
and regulations thereunder.
