[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".
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.
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.
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.
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.
A building arranged, intended, or designed for more than
four (4) families.
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.
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.
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.
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.
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.
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.
Shall be any sewage system designed or arranged to receive
sewage from more than one (1) family and/or building.
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.
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.
A building or portion thereof, designed exclusively for residential
occupancy, but not hotels.
A building or portion thereof, arranged, intended, or designed
for occupancy by three (3) or more families, with independent living
quarters for each.
A detached building arranged, intended, or designed for occupancy
by one (1) family.
A building arranged, intended, or designed for occupancy
by two (2) families.
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) persons living
together by joint agreement and occupying a single housekeeping unit
with single kitchen facilities, on a non-profit cost-sharing basis.
[Ord. No. 3466, 8-15-2022]
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.
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.
An accessory building for storage only of motor vehicles.
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.
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.
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.
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.
The vertical distance measured from the highest of the following
three (3) levels:
From the street curb level
From the established or mean street grade in case the curb has
not been constructed
From the average finished ground level adjoining the building
if it sets back from the street line
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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.
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The vertical distance from the lowest level of such yard
to the highest point of any boundary wall.
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.
A drive located on land other than street right-of-way providing
ingress and egress to and from said land.
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.
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.
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.
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.
A lot whose side lines do not abut upon any street.
An interior lot having frontage on two (2) streets as distinguished
from a corner lot.
The lines bounding a lot as defined herein.
The boundary between a lot and the street on which it fronts.
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.
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.
The mean horizontal distance from the front street line to
the rear line.
The mean horizontal distance between side lines, measured
at right angles to the depth.
Pleasant Valley Road or any road or highway maintained by
the State of Missouri Highway and Transportation Department.
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.
A mobile home which does not have a flush toilet, bath or
shower.
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.
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.
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.
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.
A place where used parts of automobile or other equipment
are collected and processed for resale.
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.
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.
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.
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.
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.
A stable other than a private or riding stable as defined
herein.
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.
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.
A public thoroughfare which affords principal means of access
to property abutting thereon.
The dividing line between the street and the abutting property.
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.
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.
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.
A tract or parcel of land upon which two (2) or more tourist
cabins are located.
A modification or variation of the provisions of this Chapter,
as applied to a specific piece of property, as distinct from rezoning.
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.
The least of the horizontal dimensions at any level of such
yard at such level.
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.
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.
[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, or an accessory building, provided
that such garage, 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.
A garage, 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, or accessory building, shall be closer
than ten (10) feet to the main building.
[Ord. No. 3466, 8-15-2022]
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.
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.
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.
[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").
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.
[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.
[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.
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.
[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.
[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").
[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.
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.")
[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").
[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.
[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.
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.
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:
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]
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:
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.
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.
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)
TELECOMMUNICATIONS TOWER
Definitions.
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:
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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.
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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.
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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.
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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.
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ANTENNA SUPPORT STRUCTURE — Any mast, pole, tripod, tower
or similar structure used to support an antenna.
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ANTENNA SYSTEM — The combination of an antenna and antenna
support structure.
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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.
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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.
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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.
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COAXIAL CABLE — A cable consisting of one (1) or more
cylinders with a single wire running down the center of each cylinder.
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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.
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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.
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MICROWAVE RADIO — A line-of-sign radio transmission using
very short wavelengths, corresponding to a frequency of one thousand
(1,000) megahertz or greater.
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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.
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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.
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SATELLITE RELAY — An active or passive satellite repeater
that relays signals between two (2) earth terminals.
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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.
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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.
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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.
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TOWER COMPANY — A company that owns, operates and maintains
the tower infrastructure.
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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.
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TOWER, LATTICE — A tower characterized by an open frame-work
of lateral cross-members that stabilize the structure.
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TOWER, MONOPOLE — A telecommunications tower consisting
of a single pole, constructed without guy wires and ground anchors.
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TOWER, SELF-SUPPORTING — A lattice telecommunications
tower that is constructed without guy wires and ground anchors.
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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.
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WIRELESS TELECOMMUNICATION FACILITY — A facility including
antennas and transmitting and receiving equipment for wireless telecommunication,
including personal wireless services facilities.
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(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.
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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.
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(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:
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1)
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Monopoles are highly encouraged;
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2)
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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
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3)
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Towers are to be architecturally compatible to the surrounding
development(s).
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(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:
(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 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 ($250.00).
[Ord. No. 754 §1, 6-7-1974; Ord. No. 2087 §2, 7-19-1999; Ord. No. 2881 §§1 — 2, 11-3-2008]
A.
Certain
fees are hereby established for filing of applications as follows:
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Residential Buildings
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Two cents ($.02) per square foot
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All other Buildings
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Two cents ($.02) per square foot
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Accessory Buildings
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One cent ($.01) per square foot
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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.
