[R.O. 1995 § 400.010; Ord. No. 431, 3-11-2002; Ord. No. 442 §§ 1 – 2, 11-10-2003; Ord. No. 507 § 1, 9-8-2008]
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING
A building or pole building that is secondary to the main use of tract of land and located on the same or jointly owned lot as the principal building. Accessory buildings shall include garage and other buildings placed on gravel, concrete, treated wooden skids or metal runners, securely anchored at ten-foot intervals with screw anchors or bolted into concrete. These buildings are to be constructed as such to prevent animals from entering under the floor of the building.
ADMINISTRATIVE OFFICER
A person designated by the Board of Aldermen to perform the duties of the Administrative Officer as described in this Chapter.
ALLEY
A narrow public serviceway providing secondary access to abutting properties.
ALTERATION
A change in building structural parts or main support walls, posts, etc.
AREA
A specific geographic division of the City of Clarence.
BLOCK
A parcel or parcels of land that are surrounded by public streets, roads or highways.
BOARD OF ADJUSTMENT
The Mayor and Board of Aldermen shall serve as the Board of Adjustment set forth in this Title and as required by Chapter 89, RSMo. Board of Adjustment shall consist of a Mayor and four (4) Aldermen.
BUILDING
A structure having a roof supported by columns of walls for the shelter, support, enclosure or protection of persons, animals, chattels or property.
BUILDING HEIGHT
The vertical distance measured from the average ground elevation adjacent to the building to the highest point of the roof.
CARPORT
A structure with a roof and closed in on one (1) side only (usually being the side of the house). When a structure is closed in on more than one (1) side, it ceases to be a carport.
COMMUNITY BUILDINGS
Publicly owned and/or used for civic purposes only.
DEBRIS
Discarded materials, goods, trash or junk.
DISCRIMINATION
The Board of Adjustment may not discriminate in any way regarding age, race, color, sex, religion, handicap, ancestry and national origin.
DISTRICT
A section of the City for which the regulations governing the use of buildings or premises, height of buildings, size of yards and use of intensity are uniform.
DWELLING
A building or portion thereof designed for residential occupancy, which has any number of rooms, assembled under one (1) roof, containing kitchen, bath and toilet facilities. When a dwelling is a "one-family dwelling," this shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons residing in the home. In the case of any such residential home for mentally or physically handicapped persons, the City may require that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. The City may also establish reasonable standards regarding the density of such individual homes in any specific single-family-dwelling neighborhood.
FAMILY
One (1) or more persons whether or not related to each other by birth, adoption or marriage living in one (1) dwelling unit.
FARM
An area used for growing crops or raising livestock and the usual processing of that farm's product.
FOUNDATIONS and FOOTINGS
The footings need to be in place and inspected before the modular home or double-wide home or mobile home is set. The minimum requirements for the footings of the foundation of such homes are a "T" footing consisting of a three-foot deep by six-inch wide trench capped with a sixteen-inch-wide by eight-inch-thick footing with steel reinforcing provided by one-half-inch reinforcing rod and a concrete mix of not less than five and one-half (5 1/2) bag mix. The use of conventional concrete foundation must be a minimum of eight (8) inches in thickness and may be constructed of concrete, concrete block, brick or any combination thereof. All footing and foundation specifications shall be inspected and approved by the Mayor or his/her authorized representative prior to the setting of any mobile home, modular home or double-wide mobile home. Footing must be poured before a home is set and the foundation must be completed within six (6) months of the completion of the footing. Violation of these provisions shall subject the owner to the penalties specified in Chapter 100, Article III, of the Code of Ordinances of the City of Clarence, Missouri.
FRONTAGE
The distance along a street line from one intersecting street to another or to the end of a dead-end street.
HOME OCCUPATION
An occupation traditionally carried on in a home by the resident(s) thereof which is secondary to the use of the home as a place of residence. The home occupation must be carried on entirely within not more than twenty percent (20%) of the home. Non-illuminated window signs that do not exceed one (1) square foot by two (2) square feet in size are permitted.[1]
LOT
Land occupied or intended for occupancy by a use permitted in this Chapter including one (1) main building, together with its accessory buildings and the yards and parking spaces required by this Chapter having its principal frontage upon a public street or place, which has been improved to where motor-driven vehicles may move in any weather condition.
LOT DEPTH
The mean horizontal distance between the front lot line and the rear lot line.
LOT, CORNER
A lot abutting upon two (2) or more streets or places at their intersection.
LOT, DOUBLE FRONTAGE
A lot abutting on two (2) streets or places but do not intersect while abutting the lot.
LOT, INTERIOR
A lot that abuts other lots on either side.
MEDICAL MARIJUANA DISPENSARY
If properly State-licensed, this is a permitted use in "C1" Commercial District.
[Ord. No. 608, 5-13-2019]
MEDICAL MARIJUANA GROWTH OR MANUFACTURE FACILITY
If properly State-licensed, this is a permitted use in "AG" Agricultural District or "I" Industrial District.
[Ord. No. 608, 5-13-2019]
MODULAR OR DOUBLE-WIDE MOBILE HOMES
Any manufactured home or structure designed to a single- or two-family dwelling having an exterior construction of materials commonly used in residential construction, placed on a foundation of concrete or concrete blocks around the exterior perimeter meeting the specifications set forth in the definitions of "foundations and footings" and used with any other support(s) needed for structural integrity, and permanently placed on a foundation as herein specified with all wheels removed.
NON-CONFORMING USE
Any building or land occupied by a use at the time of adoption of this Chapter which does not conform after the adoption of this Chapter with the use regulations of the district in which it is located.
PARKING SPACE
A durably surfaced area enclosed in the main building, in an accessory building, and if the space is unenclosed, comprising an area not less than one hundred ninety-eight (198) square feet, exclusive of a durably hard-surfaced driveway connecting the parking space with a street or alley and permitting the satisfactory ingress and egress of an automobile. The minimum area for vehicles other than automobiles shall be of sufficient size to adequately provide the required parking space.
STORAGE CONTAINER
A storage container is a fully enclosed and securable single-unit body for the storage of equipment, product, raw materials, fixtures, etc., similar in function and design to a containerized shipping unit, typically constructed of metal, without running gear or other permanently attached equipment allowing movement from place to place. Such storage container must be placed on gravel, concrete, treated wooden skids or metal runners to prevent animals or water from entering under the floor of the container. This definition is not intended to include trailers or other similar items.
[Ord. No. 629, 12-14-2020]
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
TEMPORARY STORAGE UNIT
Any structure, vehicle or trailer other than a permanent accessory building constructed on site or utility building as defined herein, and does include items known as "shipping containers," "box trailers" or similar items sometimes used for storage or shipping.
[Ord. No. 569, 8-11-2014]
TRAILER
Any vehicle drawn by a cab or tractor having motive power and shall include house trailers, truck trailers, travel trailers and stock trailers.
UTILITY BUILDING
A non-attached, freestanding building no larger than ten (10) feet by ten (10) feet with walls no higher than six (6) feet. This building must be anchored at each corner. If building falls into these guidelines, no permit is required. Inspectors have authority to inspect to verify that building meets requirements.
YARD
An open space on the same lot with a building, which is unoccupied by any portion of the building or accessory building.
YARD, FRONT
A yard extending across the front of a lot between each side of the lot and from the main building to the street right-of-way. On corner lots, the front yard is the side of the lot having the least dimension.
YARD, REAR
A yard extending across from the rear of a lot from either side of the lot and from the rear of the main building to the rear lot.
YARD, SIDE
A yard extending from the main building to the side of the lot and from the front to the rear of the main building.
[1]
Editor's Note: The former definition of "junkyard," which included regulations and which immediately followed this term, was moved to a Section in Ch. 210, Art. XV, with the 2021 codification project.
[R.O. 1995 § 400.020; Ord. No. 431, 3-11-2002]
A. 
In order to classify, regulate and restrict the location of trades and industries and buildings designed for specific uses, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards and other open spaces surrounding such buildings, the City is hereby divided into classes or "districts." The districts shall be known as:
1. 
"AG" Agricultural District.
2. 
"R1" Residential District (Low-Density).
3. 
"R2" Residential District (High-Density).
4. 
"R3" Residential District (Trailers).
5. 
"C1" Commercial District.
6. 
"I" Industrial District.
B. 
The boundaries of the districts are shown upon the map which is made a part of this Chapter, which map is designed as the "District Zoning Map." The District Zoning Map and all the notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the District Zoning Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which District Zoning Map is properly attested and is on file with the Clerk of the City.
C. 
All territory which may hereafter be annexed to the City shall be considered as being in the "AG" Agricultural District, unless otherwise changed by ordinance.
D. 
Whenever any street, alley or other public way is vacated by official action of the City Board of Aldermen, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district.
E. 
No building shall be erected or altered which would:
1. 
Exceed the height;
2. 
Accommodate or house a greater number of families;
3. 
Occupy a greater percentage of lot areas;
4. 
Have a smaller or narrower rear, front or side yard than is specified for the district in which the building is or is to be located;
5. 
Vary from permitted uses in that district.
[R.O. 1995 § 400.030; Ord. No. 431, 3-11-2002]
A. 
Within the "AG" Agricultural District, the following regulations shall apply:
1. 
Permitted Uses.
a. 
Farm and other agricultural uses, including the sale and distribution of agricultural products raised on that farm.
b. 
Homes.
c. 
Churches.
d. 
Public schools.
e. 
Cemeteries.
f. 
Public parks or recreation areas, provided it is non-commercial in nature.
g. 
Home occupations.
2. 
Area And Height Regulations.
a. 
Front Yards. The front yards for all buildings in this district shall have minimum depth of twenty-five (25) feet.
b. 
Side Yards. There shall be a side yard on each side of every building on an interior lot of ten (10) feet. A side yard on the street side of a corner lot shall be the same as the requirements of an interior lot.
c. 
Rear Yards. The rear yards in this district shall have a minimum depth of twenty-five (25) feet; accessory buildings may be built in the rear yard provided that the buildings do not occupy over thirty percent (30%) of the required yard space.
d. 
Height. The height of all buildings shall not exceed thirty-five (35) feet, except those buildings or structures outlined in Section 405.090, Height, Yard And Lot Area Modifications And Variations.
e. 
Lot Area. The minimum lot area shall be one (1) acre with at least one-hundred-fifty-foot frontage.
f. 
Permitted Use. Cows and horses, with two (2) cows or two (2) horses or one (1) of each, can be grazed on one (1) acre.
3. 
Parking Regulations. The off-street parking required for uses of land and buildings in this district shall be of sufficient number to meet the needs of the land use. At no time shall public rights-of-way be considered part of the necessary off-street parking areas.
[R.O. 1995 § 400.040; Ord. No. 431, 3-11-2002]
A. 
Within the "R1" Residential District, the following regulations shall apply:
1. 
Permitted Uses.
a. 
One-family residence.
b. 
Two-family residence.
c. 
Churches.
d. 
Schools.
e. 
Parks.
f. 
Cemeteries.
g. 
Community buildings, which are publicly held or owned, used for civic purposes.
h. 
Home occupations.
2. 
Modular Or Double-Wide Homes. Modular or double-wide homes may be placed in a "R1" Residential District, so long as said modular or double-wide home is a new placement only, and is placed on a permanent foundation as specified.
3. 
Area And Height Regulations. In the "R1" Residential District, the minimum dimensions of yards and minimum lot area per family permitted on any lot shall be as follows; exceptions to these regulations are contained in Section 405.090, Height, Yard And Lot Area Modifications And Variations.
a. 
Front Yards. The front yards for all buildings in this district shall have a minimum depth of twenty-five (25) feet.
b. 
Side Yards. There shall be a side yard on each side of every building of fifteen (15) feet.
c. 
Rear Yards. The rear yards shall have a minimum depth of twenty-five (25) feet.
d. 
Lot Area. The minimum lot area for a one-family residence shall be nine thousand six hundred (9,600) square feet. The minimum lot area for a two-family residence shall be fourteen thousand four hundred (14,400) square feet.
e. 
Height Of Buildings. No buildings shall exceed thirty-five (35) feet in height. Exceptions to these regulations are contained in Section 405.090, Height, Yard And Lot Area Modifications And Variations.
4. 
Parking Regulations. The off-street parking required for uses of land and buildings in this district area are as follows:
a. 
Residence. One (1) space for each dwelling unit.
b. 
Two-Family Residences. One and one-half (1 1/2) spaces per dwelling unit.
c. 
Churches, schools, community buildings and home occupations. Same as in the "AG" Agricultural District.
5. 
Off-street parking spaces required in this district shall not be permitted within the required front yard unless upon a drive providing access to a required garage, carport or parking area in back of the required front yard.
6. 
Location on single-family residential properties. Placement of temporary storage units on single-family residential properties shall meet all of the following provisions:
[Ord. No. 569, 8-11-2014]
a. 
The unit shall be placed in the driveway or other paved surface.
b. 
The unit shall not be placed within any public right-of-way or easement, including sidewalks.
c. 
Alternative Location. At the discretion of the City Zoning Inspector or Superintendent, the unit may be placed in an alternative location, provided that the alternative location does not create an unsafe condition.
d. 
Duration. Temporary storage units may be placed on or at a property for a period not to exceed thirty (30) calendar days in a single calendar year, unless in association with ongoing construction activities carried out pursuant to a valid building permit.
e. 
Temporary storage units shall be locked and secured by the property owner or tenant at all times when loading or unloading is not taking place.
f. 
Storage of hazardous material within temporary storage units is prohibited.
[R.O. 1995 § 400.050; Ord. No. 431, 3-11-2002]
A. 
Within the "R2" Residential District, the following regulations shall apply:
1. 
Permitted Uses. These have the same uses as permitted in the "R1" Residential District. Other permitted uses are multi-family residences, senior housing, one (1) mobile home per lot, all subject to the area and height regulations in the district. No living in recreational vehicles.
2. 
Mobile Homes, Modular Homes Or Double-Wide Homes. Mobile homes, modular homes or double-wide homes being place in the "R2" Residential District must be no older than seven (7) years old and must meet specifications in residential Section subtitled Factory-Built Homes, Subsection (A)(3).
3. 
Factory-Built Homes. All factory-built homes placed or set within "R2" Residential District shall comply to the following safety criteria:
a. 
No more than one (1) factory-built home per City lot.
b. 
All factory-built homes must bear a Housing and Urban Development (HUD) label before being brought into this district.
c. 
All factory-built homes must be set on a permanent concrete or piered foundation or footing.
d. 
All factory-built homes must be properly skirted so as to completely enclose the underside.
e. 
All factory-built homes shall be properly anchored in such a manner as to make the home resistant to, and stable in, high winds.
f. 
All factory-built homes shall coincide with area and height regulations in this district.
g. 
All mobile-type homes shall have the wheels, axle and hitching tongue removed or cosmetically enhanced as to hide them from view before being anchored.
4. 
Area And Height Regulations. In the "R2" Residential District, the minimum dimensions of yards and minimum lot area per family permitted on any lot shall be as follows; exceptions to these regulations are contained in Section 405.090, Height, Yard And Lot Area Modifications And Variations.
a. 
Front Yards. The front yards for all buildings in this district shall have a minimum depth of fifteen (15) feet.
b. 
Side Yards. There shall be a side yard on each side of every building of ten (10) feet.
c. 
Rear Yards. The rear yards shall have a minimum depth of twenty-five (25) feet.
d. 
Lot Area. The minimum lot area for a one-family residence shall be seven thousand two hundred (7,200) square feet. The minimum lot area for a two-family residence shall be ten thousand eight hundred (10,800) square feet, and an additional two thousand four hundred (2,400) square feet for each additional dwelling unit. A minimum lot width of sixty (60) feet shall be required.
e. 
Height Of Buildings. No building shall exceed thirty-five (35) feet in height. Exceptions to these regulations are contained in Section 405.090, Height, Yard And Lot Area Modifications And Variations.
5. 
Parking Regulations.
a. 
The off-street parking required for uses of land and buildings in this district are as follows:
(1) 
Residences. One (1) space for each dwelling unit.
(2) 
Two-or-more-family residence. One and one-half (1 1/2) spaces per dwelling unit.
(3) 
Churches, schools, community buildings and home occupations. Same as in "AG" Agricultural District.
b. 
Off-street parking spaces required in this district shall not be permitted within the required front yards unless upon a drive providing access to a required garage, carport or parking area in the back of the required front yard.
6. 
Location In Multi-Family Residential Complexes. Placement of temporary storage units in multi-family residential complexes shall meet all of the following provisions:
[Ord. No. 569, 8-11-2014]
a. 
The unit shall be placed in a driveway or paved parking space.
b. 
The unit shall not be placed within any drive aisle or public easement or right-of-way, including sidewalks.
c. 
Alternative Location. At the discretion of the City Zoning Inspector or Superintendent, the unit may be placed in an alternative location, provided that the alternative location does not create an unsafe condition.
d. 
Duration. Temporary storage units may be placed on or at a property for a period not to exceed thirty (30) calendar days in a single calendar year, unless in association with ongoing construction activities carried out pursuant to a valid building permit.
e. 
Temporary storage units shall be locked and secured by the property owner or tenant at all times when loading or unloading is not taking place.
f. 
Storage of hazardous material within temporary storage units is prohibited.
[R.O. 1995 § 400.060; Ord. No. 431, 3-11-2002]
A. 
Within the "R3" Residential District, the following regulations shall apply:
1. 
Permitted Uses. These have the same uses as permitted in the "R1" and "R2" Residential Districts. Other permitted uses are single-wide mobile homes, one (1) per lot, all subject to the area and height regulations in this district.
2. 
Factory-Built Homes. These are the same as set forth in the "R2" Residential District and shall comply to the safety criteria.
3. 
Area And Height Regulations. The same as "R2" Residential District. Exceptions to these regulations are contained in Section 405.090, Height, Yard And Lot Area Modifications And Variations.
4. 
Parking Regulations. This is the same as "R2" Residential District. Off-street parking spaces required in this district shall not be permitted within the required front yards unless upon a drive providing access to a required garage, carport or parking area in back of the required front yard.
5. 
Location In "R3" Residential Areas. Placement of temporary storage units in multi-family residential complexes shall meet all of the following provisions:
[Ord. No. 569, 8-11-2014]
a. 
The unit shall be placed in a driveway or paved parking space.
b. 
The unit shall not be placed within any drive aisle or public easement or right-of-way. including sidewalks.
c. 
Alternative Location. At the discretion of the City Zoning Inspector or Superintendent, the unit may be placed in an alternative location, provided that the alternative location does not create an unsafe condition.
d. 
Duration. Temporary storage units may be placed on or at a property for a period not to exceed thirty (30) calendar days in a single calendar year, unless in association with ongoing construction activities carried out pursuant to a valid building permit.
e. 
Temporary storage units shall be locked and secured by the property owner or tenant at all times when loading or unloading is not taking place.
f. 
Storage of hazardous material within temporary storage units is prohibited.
[R.O. 1995 § 400.070; Ord. No. 431, 3-11-2002]
A. 
Within the "C1" Commercial District, the following regulations shall apply:
1. 
Permitted Uses. Any commercial activity other than industrial, including any business that provides a service, commercial recreation, and/or offers for sale goods.
2. 
Area And Height Regulations:
a. 
In the "C1" Commercial District, the minimum dimensions of yards and minimum lot area permitted on any lot shall be as follows:
(1) 
Front Yard. A front yard of twenty (20) feet is required for commercial buildings.
(2) 
Side Yard. No side yard is required for commercial buildings unless a commercially zoned tract of land adjoins an "R" Residential District, in which case a side yard equal to the side yard adjoining "R" Residential District requirements shall be required.
(3) 
Rear Yard. A rear yard shall be required of at least twenty (20) feet and shall be kept free from debris.
(4) 
Lot Area. No minimum lot area is required for commercial buildings.
(5) 
Height Of Buildings. No buildings shall exceed forty (40) feet in height.
b. 
Exceptions to these regulations are contained in Section 405.090, Height, Yard And Lot Area Modifications And Variations.
3. 
Parking Regulations. Off-street parking shall be required for commercial buildings or uses. Each business shall provide a reasonable number of spaces to meet the needs of that business.
[R.O. 1995 § 400.080; Ord. No. 431, 3-11-2002]
A. 
Within the "I" Industrial District, the following regulations shall apply:
1. 
Permitted Uses. Any business in industry which manufactures, processes, fabricates, bulk storage and/or assembles goods, which by the nature of the operation does not produce noise, dust, odor or vibration that is detrimental or dangerous to the health, safety or general welfare of the community.
2. 
Area And Height Regulations.
a. 
In the "I" Industrial District, the minimum dimensions of yards and minimum lot area permitted on any lot shall be as follows.
(1) 
Front Yard. A front yard is required for all buildings not less than twenty (20) feet long.
(2) 
Side Yard. No side yard is required in the "I" Industrial District, unless the proposed use adjoins a residential district, in which case a side yard equal to the side yard required in the residential district shall be required.
(3) 
Rear Yard. A rear yard is required for all buildings not less than twenty (20) feet long.
(4) 
Lot Area. No minimum lot area is required for industrial buildings.
(5) 
Height Of Buildings. No building shall exceed fifty (50) feet in height.
b. 
Exceptions to these regulations are contained in Section 405.090, Height, Yard And Lot Area Modifications And Variations.
3. 
Parking Regulations. Off-street parking shall be required for commercial buildings or uses. Each business shall provide whatever number of spaces is required to reasonably meet the needs of that business.
[R.O. 1995 § 400.090; Ord. No. 431, 3-11-2002]
A. 
The minimum height, yard and lot area requirements of the various districts may be modified or varied under certain conditions.
1. 
Height. The maximum height permitted in the various districts shall not apply to television and radio antennas, church spires or belfries, tanks, water towers, chimneys, elevator bulk heads, smokestacks and flagpoles.
2. 
Front Yards. The minimum front yard required shall be modified under the following conditions: When forty percent (40%) or more of the front yards on the same side of the street in the block have less than the minimum required yard, then the proposed building or addition to an existing building may be in line with the buildings on either side or, if on a comer lot, no closer than the building on one (1) side.
3. 
Side Yards. On a corner lot, there shall be a side yard along the street side of the lot equal to one-half (1/2) the required front yard in the district where it is located.
4. 
Rear Yards. Where a lot abuts on an improved alley, one-half (1/2) of the alley width may be considered as part of the required rear yard.
5. 
No More Than One (1) Residence Per Lot. No more than one (1) residence shall be permitted on one (1) lot. More than one (1) commercial, industrial or group housing shall be permitted, provided proper yard areas and off-street parking is provided.
6. 
Prior Lots. Where a lot existed prior to the effective date of this Chapter that has less square footage than required and the owner of such lot does not now or within the last year own adjoining land, the lot may be used for a permitted use, provided all requirements are met.
7. 
Accessory Buildings. Accessory buildings shall be built in the side or rear yard. When located within twenty (20) feet of the main building, a side yard equal to the side yard required shall be provided. When over twenty (20) feet from the main building, the accessory building may be built as close to the property line as desired, without unreasonable interference of the adjoining landowner. Accessory buildings shall not occupy over thirty percent (30%) of the required yard.
8. 
Unenclosed Porches. Unenclosed porches may project into the required front yard and rear yard five (5) feet.
9. 
Points Of Measurement. Points of measurement in determining front yards, side yards and rear yards shall be from the outermost point on the foundation of the building to the edge of the lot.
[Ord. No. 550, 4-8-2013]
A. 
Permit. A fence permit from the City of Clarence must be obtained prior to erecting a new fence or replacing an existing fence.
1. 
A survey of the owner's property is suggested to ensure proper boundary lines. (The City takes no responsibility in identifying property lines.)
2. 
A sit plan or drawing of the proposed location of all fences, along with the type of materials to be used. (Fences may be erected on the property line.)
B. 
Fence Heights.
1. 
Fences in residential areas shall not exceed eight (8) feet in height.
2. 
Fences in commercial zones up to ten (10) feet will be allowed.
3. 
Fences in the front yard must comply with all setback requirements. Fences shall not exceed a maximum height of forty-eight (48) inches and fifty percent (50%) maximum screening.
C. 
Finished Side Facing Neighbors.
1. 
All fences erected shall have the finished side facing out.
2. 
Sheet metal and tin fences are prohibited.
3. 
Barbed wire fences or barbed wire assemblies atop fences shall be permitted for agricultural land uses, but shall be prohibited in all other districts.
4. 
Electric fences shall be permitted only for agricultural land uses.
D. 
Fence Post Depth. Fence posts are required to be a minimum of two (2) feet below ground level.
E. 
Advertisement. No advertising of any kind is allowed on any fence.
F. 
Maintenance. It shall be the responsibility of the property owner to maintain all fences.
[R.O. 1995 § 400.100; Ord. No. 431, 3-11-2002]
A. 
The lawful use of a building existing at the time of adoption of this Chapter may be continued, although such use does not conform with the provisions hereof. At no time will trailers be brought into the City of Clarence with the purpose being used as storage units. 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. The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed. Wherever a non-conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted one.
B. 
Non-conforming use of a structure may not be expanded or accessory buildings added without approval of the Board of Adjustment and approved variance.
C. 
No building which has been damaged by fire, explosion, act of God or public enemy, to the extent of more than fifty percent (50%) of its prevailing market value shall be restored except in conformity with the regulations of this Chapter.
D. 
In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of six (6) months, the use of the same shall thereafter conform to the regulations of the district in which it is located.
E. 
Non-conforming uses include discarded goods and materials placed upon property not officially approved for such use and shall be removed within six (6) months from the effective date of this Chapter.
F. 
The owner of a mobile home or trailer may replace the original mobile home or trailer with a newer or better mobile home or trailer.
[R.O. 1995 § 400.110; Ord. No. 431, 3-11-2002]
A. 
The Board of Aldermen may, by special permit, at any Board of Adjustment meeting where same has been placed on the agenda and notice has been given as required by law, subject to such protective restrictions that it deems necessary, authorize the location, construction, extension or structural alteration of any building or uses, or increase in their height, in any district from which they are prohibited or limited by this Chapter.
B. 
Before issuance of any special permit for any of the above buildings or uses, the Zoning Inspectors shall report to the Board of Adjustment upon the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, health, public safety or general welfare.
C. 
No action shall be taken upon any application for proposed building or use above referred to until and unless the report of the Zoning Inspectors has been filed, but such report shall be made within sixty (60) days after the matter has been referred to them by the Board of Adjustment. If the Zoning Inspectors recommend against the issuance of the special permit, then a special permit may be issued only by two-thirds (2/3) vote of the Board of Adjustment.
D. 
In determining what action is appropriate upon any application, the Board of Adjustment shall consider whether or not the proposed changes will impair an adequate supply of light and air to the adjacent property, increase congestion in public street, increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the City of Clarence.
E. 
All authorization passed by the Board of Adjustment for special permits shall expire one hundred eighty (180) days after the date of its authorization unless a building permit has been issued and the actual construction has been started. Where unusual circumstances may prevent compliance with the time for required start of construction, an additional sixty (60) days may be issued. Excavation shall not be considered construction for the purpose of this Chapter.
[Ord. No. 608, 5-13-2019]
No person or entity shall grow, manufacture or dispense medical marijuana within the City limits of Clarence unless properly licensed according to State law and regulation. The physical location of any such facility must be located within proper zoning, and must be more than three hundred (300) feet from the nearest school, church, or licensed day-care facility within the City. Any proposed location that violates this three-hundred-foot rule could be allowed only upon written consent of the appropriate managing board or owner of the school, church, or licensed day-care facility and a majority vote of the Board of Aldermen.
[R.O. 1995 § 400.120; Ord. No. 431, 3-11-2002]
A. 
Appointment Of Zoning Inspectors. That the Mayor with the approval of the Board of Adjustment shall appoint Zoning Inspectors under the terms of this Chapter to hold office until such time as they shall resign or unless sooner replaced by this Governing Body. These inspectors must be qualified in trades and be covered by liability insurance with limits as set by the Board of Adjustment.
B. 
Powers And Duties Of Zoning Inspectors. To decide and make recommendations as Zoning Inspectors in the enforcement of this Chapter.
C. 
Powers Of Zoning Inspectors Relative To Variations. When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the adoption of this Chapter, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the Zoning Inspector may recommend to the Board of Adjustment a variation from such strict application so as to relieve such difficulty or hardship.
D. 
Powers Of Zoning Inspectors Relative To Variations. The Zoning Inspectors shall recommend to the Board of Adjustments to permit the following exceptions:
1. 
To permit the extension of a district where the boundary line of a district divides a lot of record in a single ownership.
2. 
To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, disaster or vandalism to the extent of less then fifty percent (50%) of its assessed value when the Zoning Inspectors find some compelling public necessity requiring a continuance of the non-conforming use, but in no case should such a permit be issued if its primary function is to continue a monopoly.
3. 
To interpret the provisions of this Chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the City offices and made a part of this Chapter.
4. 
To vary parking regulations wherever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience.
E. 
Procedure To Appeal.
1. 
Appeals to the Board of Adjustment on any matter over which the Zoning Inspectors are specifically granted jurisdiction may be taken by any person aggrieved. Such appeal should be taken within thirty (30) days of such decision by filing with the City Clerk and the Zoning Inspectors a notice of appeal specifying the grounds thereof. The Zoning Inspectors should forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from is taken.
2. 
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspectors certify to the Board of Adjustment after the notice of appeal has been filed with them that by reason of facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings should not be stayed otherwise than by proper legal action.
3. 
The Board of Adjustment should fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation in Shelby County, as well as due notice to the parties of interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
4. 
The party filing a notice of appeal to the Board of Adjustment shall pay at the time of filing a fee of thirty-five dollars ($35.00) toward the costs of the appeal and an additional fee of fifty dollars ($50.00) toward costs of publication of a public notice of the date of the hearing to be held on the appeal. The fees shall be paid to the City Clerk who shall give a receipt thereof; and a copy of the receipt shall be presented to the Board of Adjustment with the notice of the appeal as evidence that the fees required in the case have been paid. The fees collected by the City Clerk shall be paid to the credit of the General Revenue Fund of the City of Clarence.
[R.O. 1995 § 400.130; Ord. No. 431, 3-11-2002; Ord. No. 629, 12-14-2020]
A. 
No building, structure, or storage container shall be located or erected, added to or structurally altered until the Administrative Officer has issued a permit. Except upon a written order of the Zoning Inspectors, no such building permit shall be issued.
B. 
There shall be submitted with all requests for permits an application fully completed in accordance with the form furnished by the Administrative Office and two (2) copies of a layout or plat which shall show the exact size and location on the lot of the building, accessory buildings, or storage containers to be erected and such other information as may necessary to determine and provide for the enforcement of the provisions of this Chapter.
C. 
Once a permit has been issued and construction commenced, the structure shall be completed within a reasonable time.
D. 
All requests for permits required by this Chapter shall be accompanied by a fee of fifteen dollars ($15.00). Ten dollars ($10.00) of the building permit fee of fifteen dollars ($15.00) shall be paid to the City Zoning Inspector to defray his or her expenses of serving as Zoning Inspector if the Zoning Inspector is not already an appointed City Official. The remaining five dollars ($5.00) will be paid to the City General Revenue Fund to defray clerical costs attendant to the implementation of this Chapter. If there is no Zoning Inspector, all of the building permit fee of fifteen dollars ($15.00) will be paid to the General Revenue Fund of the City.
[R.O. 1995 § 400.140; Ord. No. 431, 3-11-2002]
A. 
After the effective date of this Chapter, it shall be the duty of the Administrative Officer to make a permanent record of all land uses and building uses which do not conform to the provisions of this Chapter. Any land use or building use which was not made a part of this record shall be considered an illegal use and is thus in violation of this Chapter and subject to provisions of Section 405.190. Appeals from this record may be made to the Board of Adjustment as provided in Section 405.120, Subsection (E).
B. 
After completion of a building or structure for which a building permit has been issued and all requirements of all codes and ordinances of the City have been met, a certificate of occupancy shall be issued by the Administrative Officer stating that the building or proposed use thereof complies with the provisions of this Chapter. The Administrative Officer shall keep a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. A building shall not be used nor land use shall not be made until a certificate of occupancy has been obtained from the Administrative Officer.
[R.O. 1995 § 400.150; Ord. No. 431, 3-11-2002]
A. 
Rules Where Uncertainty May Arise. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map which is on file in the City offices and made a part of this Chapter, the following rules apply:
1. 
The district boundaries are the centerlines of either streets or alleys unless otherwise shown on the map which is on file in the City offices and made a part of this Chapter.
2. 
Where the district boundaries are not indicated by street or alley centerlines and where the property has been divided into blocks and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the District Zoning Map which is on file in the City offices and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the district unless the boundaries are otherwise indicated on the map.
[R.O. 1995 § 400.160; Ord. No. 431, 3-11-2002]
It shall be the duty of the Administrative Officer to enforce this Chapter. It shall also be the duty of all officers and employees of the City to assist the Administrative Officer by reporting to him/her upon new construction, reconstruction, or land use, or upon seemingly violations.
[R.O. 1995 § 400.170; Ord. No. 431, 3-11-2002]
In interpreting and applying the provisions of this Chapter, all individuals shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter, nor is it intended by this Chapter to interfere, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of buildings, premises or upon height of buildings or requires larger open spaces than are imposed or required by such ordinances or agreement, the provisions of this Chapter shall control.
[R.O. 1995 § 400.180; Ord. No. 431, 3-11-2002]
A. 
This Chapter may from time to time be amended, supplemented, changed, modified or appealed. The Board of Aldermen may, from time to time, either on its own action or on petition of interested property owners, after public notice and hearing as provided by law, amend, supplement, change, modify or repeal the boundaries or regulations herein or subsequently established. A fee of fifty dollars ($50.00) payable to the City of Clarence shall be filed with each petition of interested property owners requesting any of aforesaid changes.
B. 
If such proposed amendment, supplement, change, modification or repeal is petitioned for by interested property owners, said petition shall be signed by the owners of fifty percent (50%) of the area of all the real estate included within the boundaries of said tract of real estate described in said petition.
C. 
Whenever any amendment, supplement, change, modification or repeal of this Chapter is proposed, such proposed amendment, supplement, change, modification or repeal shall first be submitted to the City Planning and Zoning Commission which shall within thirty (30) days after the date of the receipt of such amendment, supplement, change, modification or repeal report back to the Board of Aldermen either approving or disapproving such proposed amendment, supplement, change, modification or repeal.
D. 
If the report of the City Planning and Zoning Commission on such proposed amendment, supplement, change, modification or repeal is unfavorable or if a protest against such proposed amendment, supplement, change, modification or repeal signed by the owners of thirty percent (30%) or more, either of the area included in such proposed change or of those within one hundred eighty-five (185) feet of the boundary of such proposed change exclusive of the width of intervening streets and alleys, such amendment shall not become effective except by a favorable vote of at least two-thirds (2/3) of all members of the Board of Aldermen. The provisions of the Statute relative to public hearings and official notice shall apply to all changes or amendments.
E. 
It shall be the duty of the Board of Aldermen to act upon such proposed amendment, supplement, change, modification or repeal within sixty (60) days after receiving the report from the City Planning and Zoning Commission.
F. 
If an amendment filed by interested property owners is rejected by the Board of Aldermen, a new application for the same amendment on the same property may not be filed before six (6) months have elapsed.
[R.O. 1995 § 400.190; Ord. No. 431, 3-11-2002]
A. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, or in case of any violation of Sections 89.300 to 89.490, RSMo., or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made pursuant to the authority of Sections 89.010 to 89.140 and Sections 89.300 to 89.490, RSMo.
B. 
The owner or general agent of a building or premises where a violation of any provision of said regulations 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 an ordinance violation punishable as follows:
1. 
The maximum fine and court costs that can be imposed for such violation shall be:
a. 
For the first violation within any twelve-month period of time: two hundred dollars ($200.00).
b. 
For the second violation within any twelve-month period of time: two hundred seventy-five dollars ($275.00).
c. 
For the third violation within any twelve-month period of time: three hundred fifty dollars ($350.00).
d. 
For the fourth and any subsequent violation within any twelve-month period of time: four hundred fifty dollars ($450.00).
2. 
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
C. 
Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
[R.O. 1995 § 400.200; Ord. No. 431, 3-11-2002]
Should any Section or provision of this Chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
[Ord. No. 629, 12-14-2020]
A. 
The storage containers must comply with the following location criteria:
1. 
Shall not block the visibility or create a dangerous visibility problem for vehicular or non-vehicular traffic.
2. 
Shall not block or restrict emergency, delivery or other vehicle circulation.
3. 
Adhere to the minimum setback requirements for main buildings within the zoning district.
4. 
Shall only be built in side yard or rear yard, and comply with the location requirements of an accessory building under Section 405.090(A)(7).
[Ord. No. 629, 12-14-2020]
A. 
All storage containers shall meet the following minimum condition requirements and shall be inspected by the Administrative Officer and certified as meeting these requirements within ninety (90) days of placement.
1. 
All containers shall be structurally sound, free of corrosion, rust, rot, holes, dents, leaks, or other deterioration.
2. 
No container shall bear any sign, label, logo or other advertising or identification without such being approved and permitted by the Administrative Officer.
3. 
All containers shall be painted or otherwise decorated in a manner and form consistent with the architectural character of the adjoining building faces and surrounding neighborhood.
4. 
All containers shall be securable and kept secure at all times, and shall be closed when its not in use.
5. 
All containers shall be kept free of graffiti, posters, bills, accumulated solid waste, or other blighting or deteriorating impacts.
6. 
Containers must be placed on reasonably flat surfaces and upon materials sufficient to bear the weight of the container, such as gravel, concrete, treated wooden skids or metal runners. The Administrative Officer must approve of the surface before the placement of the storage container.