City of Clarkson Valley Missouri

ARTICLE I. GENERAL PROVISIONS

SECTION 405.010: PURPOSE

This Chapter is adopted for the purpose of developing the land usage of the City of Clarkson Valley in an orderly manner, affording protection to property values, preserving the characteristics of the City, regulating and restricting the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population; the locations, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, residence or other purposes, and promoting the health, safety, convenience, comfort, morals, prosperity and general welfare of its inhabitants. (CC 1990 §18.010)

SECTION 405.020: INTERPRETATION

SECTION 405.030: STANDARDS

In determining the usage of land and buildings, the restrictions thereon, any exceptions thereto, and otherwise in applying, interpreting, and enforcing this Chapter, the following standards shall be taken into consideration:

1. In general, it shall be considered whether the proposed use will promote or endanger the public health, safety, convenience, comfort, morals, prosperity and general welfare of the inhabitants of the City of Clarkson Valley.
2. The location, size, and characteristics of the City and its relationship to other communities in the Greater St. Louis Metropolitan Area shall be considered. In particular, account shall be taken of the relatively small size of the City and that it is predominantly a rural and residential area of farms and single-family homes located outside the commercial and industrial zones of the St. Louis metropolitan area.
3. The present use of the land area of the City, and the preservation of existing property values, shall be considered. In particular, account shall be taken of the fact that the development of the City has been primarily through small subdivisions of private homes, under provisions for private maintenance of streets serving the subdivisions, and consideration shall be given to the effect of any proposed use of land and buildings upon investments made in homes and the assumption of liability for the private maintenance of streets.
4. The safety of inhabitants of the City and, in particular, the dangers arising from the congestion of public or private streets shall be considered. Account shall be taken of the fact that sidewalks are seldom provided along the streets of the City and that streets are used for pedestrian as well as for vehicular traffic. Consideration shall be given to the limited number of thoroughfares maintained by public authority and to the necessity of avoiding congestion on the thoroughfares and the extensive use thereof by pedestrians.
5. The providing of adequate police and fire protection to the City and to its inhabitants and other persons shall be considered and, in particular, the necessity of affording access at all times along public and private streets to the homes, institutions and other structures in the City. Account shall be taken of any disproportionate burden upon police and fire personnel, facilities, and equipment which will arise from any proposed use of land or buildings.
6. The maintenance of a clean, quiet, orderly and pleasant community shall be considered and, in particular, the desirability of avoiding unnecessary or undue noise, noxious or unpleasant odors, fumes, and smoke, and unsightly grounds and buildings.
7. The avoidance of overcrowding of land and undue concentration of population shall be considered and in particular, the maintenance of approximately uniform ratios of population to land area in the developed portions of the City.
8. The furnishing of transportation, water, storm drainage, sewer disposal and public utility services shall be considered and, in particular, the effect upon such services, and the cost thereof, of any proposed use of land or buildings.
9. The suitability of land within the City for any proposed use shall be considered and, in particular, its relationship to the surrounding area, its terrain and drainage, its size and proximity to public transportation, its effect upon pedestrian and vehicular traffic, the adequacy of access to the property, the effect thereof upon the value of other properties, and other factors pertaining thereto in light of the standards set forth above. (CC 1990 §18.030)

SECTION 405.040: DEFINITIONS

Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and "premises" and the word "shall" is mandatory and not mandatory and not directory. The following definitions shall apply to the respective terms and words when used in, or in connection with, this Chapter:

ACCESSORY BUILDING: A subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the use of the premises.

ACCESSORY STRUCTURE: Any structure, the use of which is incidental to the principal use of another structure on the same premises.

ACCESSORY USE: A use incidental and subordinate to the principal use of the premises or land.

ADDITION: Any structure containing one (1) or more rooms, or living areas, whether fully enclosed or not, added to an existing building.

ALLEY: A way which provides a secondary means of access to abutting property.

ANTENNA STRUCTURE: Unless otherwise defined in any Section of this Chapter, the term "antenna structure" shall mean all fixed antennas, including but not limited to all radio and television towers and antennas, satellite master antenna systems, television antennas and satellite receiving dishes.

ATTACHED GARAGE: A building designed or used for the storage of motor vehicles owned or used by the occupants of the main building and which is either an integral part of the main building or connected to the main building with a covering that includes continuous roof lines.

BASEMENT: A story having part of its height below grade, and the word shall include cellar.

BUFFER AREA: An area not to exceed two hundred (200) feet in depth which is maintained in parklike condition for recreational or scenic purposes, although not open to the general public.

BUILDING: Any structure for the shelter, support, protection or enclosure of persons, animals, chattels or property of any kind.

BUILDING, HEIGHT OF: The vertical distance from the grade to the top of the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front.

BUILDING LINE: The line established by law, beyond which no building, nor any part thereof, nor any structure shall extend, except:

1. Those structures or portions thereof specifically allowed within the yard requirements herein; or
2. As otherwise specifically provided by law.

CEMETERIES: Burial grounds for human remains.

CHURCH: A building designed or used primarily for religions worship, including activities customarily incidental thereto, such as rooms for nurseries, instruction, recreation, and ministerial residence. The word "church" as used herein shall include the word temple.

CLUB: A building, or portion thereof, or premises used primarily by members for social or recreational purposes, including services to members customarily incidental thereto.

COURT: An open space with or without direct street access around which is arranged a single building or group of related buildings.

DEVELOPMENT: The act of changing a tract of land and the state of a tract of land after its function has been purposefully changed by man including, but not limited to, structures on the land and alterations to the land.

DISTRICT: An area within which the regulations governing the use of premises and buildings are uniform.

DWELLING: Any building, or portion thereof, designed or used for residential purposes.

DWELLING, SINGLE-FAMILY: A building designed for or occupied by one (1) family.

FAMILY:

1. An individual or married couple and the children thereof and no more than two (2) other persons related to the individual or married couple by blood, marriage, or guardianship living together as a single, non-profit housekeeping unit in a dwelling unit as defined in BOCA; or
2. A group of not more than three (3) persons who need not be related by blood, marriage or guardianship, living together as a single, non-profit housekeeping unit in a dwelling unit as defined in BOCA.

FARM: An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep, and swine and the normal buying and selling of livestock. The terms "farms" and "farming" include: the operating of such an area for one (1) or more of the above uses, including accessory uses for treating or storing the produce; provided however, that the operation of any such accessory uses shall be secondary to that of the normal farming activity, and provided further that farming does not include the extraction of minerals or the commercial feeding of garbage or offal to swine or other animals.

FLOOR AREA: Floor area in the following districts:

1. Zone "A" Semi-Rural District. The gross horizontal areas of the several floors of a dwelling, institution or other building, exclusive of garages, basements, cellars and open porches, measured from the exterior faces of the exterior walls of a dwelling.
2. Zone "C" Office District. The area of the building, exclusive of penthouses and basements, as measured from the inside face of exterior walls.

FLOOR AREA RATIO: The floor area of the building or buildings on a lot divided by the horizontal area of the lot.

FRONTAGE: The linear distance which property abuts a public or private street or place.

GARAGE, PRIVATE: An accessory building or portion of the main building designed or used for the storage of motor vehicles owned or used by the occupants of the main building.

GRADE: That line formed by the intersection of the finished fill with all the outside walls of the structure.

GROUP HOME: 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.

HOME OCCUPATION: Any occupation or profession carried on by a member of the immediate family, residing on the premises; in connection with which there is used no sign other than a name plate not more than two (2) square feet in area or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; in which no person is employed other than a member of the immediate family residing on the premises; in which no goods are sold except those prepared on the premises, and in which no mechanical equipment is installed or used except such as is permissible for purely domestic or household purposes.

HOSPITAL: An institution providing medical treatment and overnight bed care for the sick or injured other than for the insane, aged, feebleminded, alcoholics or drug addicts. The term "hospital" shall not be construed in any manner to include a mental institution, sanitorium or convalescent home.

INSTITUTION: A building, portion thereof, or premises used or occupied by any person, organization or corporation for a service to the public which is not for profit, including religious, educational, and medical institutions.

LOADING SPACE: A paved off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located.

LOT: Lot in the following districts:

1. Zone "A" Semi-Rural District. A parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, including the open spaces required by this Chapter and having its principal frontage upon a street or road or upon an officially approved place. A lot shall not include any land described in or included in any easement for a street, place or road. In the event a lot includes any portion of a lake or pond, said lot shall have a minimum dry area of two (2) acres.
2. Zone "C" Office District. A parcel consisting of at least five (5) acres for use as permitted in the Zone "C" District.

LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.

LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINES: The lines bounding a lot.

LOT, THROUGH/LOT, DOUBLE FRONTAGE: An interior lot having a frontage on each of two (2) streets approximately parallel to each other.

LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of St. Louis County, or a lot described by metes and bounds, the description of which has been recorded in the office of the Recorder of Deeds of St. Louis County.

NON-CONFORMING USE: Any building, land or premises lawfully occupied by a use at the time of passage of this Chapter or amendments thereto, which does not conform after the passage of this Chapter or amendments thereto with the use regulations of the district in which it is situated.

NURSERIES: A place where trees and other plants are propagated for sale and use in landscape, garden, orchard or forest. The term shall include tree farms.

OPEN STORAGE: The keeping of any goods, materials or equipment in any yard, or on any open lot, other than for vehicular parking in compliance with this Chapter or the temporary storage of construction materials on a construction site.

PARKING AREA: An area of land used or intended for off-street parking facilities for motor vehicles.

PARKING SPACE: A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area in the following districts:

1. Zone "A" Semi-Rural District. Not less than one hundred eighty (180) square feet exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
2. Zone "C" Office District. As specified in the "C" Office District Regulations.

PENTHOUSE: Rooftop mechanical equipment attached to a structure.

PLACE: Any open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.

PREMISES: A continuous area of land, including any buildings or structures thereon, under single ownership or operation, containing one (1) lot, or two (2) or more adjacent lots or fractions of lots.

PRIVATE CLUB: A building and area used for social purposes only, including the serving of food, refreshments, and any intoxicating beverage, whose normal use is limited to members of the club and their guests, and which club does not provide a service customarily carried on as a business.

PRIVATE GOLF COURSE: An area consisting of a golf course containing at least nine (9) holes, which may include other recreational facilities and accessory buildings incidental thereto, with usage limited to social purposes for members and their guests. The serving of food, refreshments and intoxicating beverages to the members and their guests may be authorized in said area, but no service customarily carried on as a business may be provided.

ROAD: All property dedicated or intended for a public or private road, street, alley, highway, freeway, or roadway purposes or to public easements therefore [therefor], and which affords the principal means of access to abutting property.

SCHOOL: A building, or portion thereof, the primary use of which is for education, together with services customarily incidental thereto.

SCHOOL, INSTITUTIONAL: Any school, other than a public school, which is not operated for profit.

SCHOOL, PRIVATE: Any school which is operated for profit.

SCHOOL, PUBLIC: Any school owned or operated by public authority.

SIGHT DISTANCE TRIANGLE: The triangular area:

1. Of a corner lot bounded by the property lines and a line connecting the two points on the property lines thirty (30) feet from the intersection of the property lines.
2. Formed by connecting two points on the respective intersecting right-of-way lines thirty (30) feet from the intersection of said right-of-way lines for any roads, streets or entrances.

SIGN: Any panel, painted or illuminated, advertising the name of a person, firm or product, or having any form of inscription thereon.

SIGN, BUSINESS: A sign which gives only basic information concerning the existence of a commercial enterprise, service, or other activity, conducted or offered on the premises upon which the sign is erected.

SIGN, DIRECTIONAL: A sign identifying entrances, exits, aisles, ramps, and similar traffic-related information.

SIGN, FLAT: Any sign, painted on or attached to, and erected parallel to the face of a wall of a building, or a boundary wall or fence, and supported solely by the structure to which it is affixed, and not extending more than six (6) inches from the face of the structure to which it is attached.

SIGN, INFORMATION: A sign which conveys cautionary and similar information.

SIGN, TEMPORARY: A sign intended for use for only a limited period of time.

STORY: That portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

STREET: A public or private way which affords the principal means of access to abutting property.

STREET LINE: The dividing line between a lot, tract, or parcel of land and the right-of-way of a contiguous street.

STRUCTURE: Anything, with the exception of swingsets located within the building lines, constructed, erected or located thereon, the use of which requires permanent locations on the ground or which, though movable, is used for a purpose which usually and customarily involves permanent location on the ground (including, but without limiting the generality of the foregoing, advertising signs, billboards, poster panels, back stops for tennis courts, pergolas and buildings for the housing of animals and fowls).

STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

THOROUGHFARE: A major through street maintained by public authority.

TRUCK GARDENING: A tract of ground cultivated for producing and raising vegetables, fruits, flowers and herbs for sale on the ground or delivery to the market.

YARD: An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except driveways for ingress and egress and except as otherwise provided herein.

YARD, FRONT: A yard extending across the front of a lot between the side lot lines and having a depth equal to the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entranceway.

YARD, REAR: A yard extending across the rear of a lot between the side lot lines and having a depth equal to the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

YARD, SIDE: A yard extending from the front yard to the rear yard, and having a width equal to the minimum horizontal distance between the side lot line and the side of the main building or any projections thereof.

YARDS, CORNER LOTS: The front, rear and side yards on corner lots shall be determined and designated with reference to that street on which the lot has the least amount of linear frontage. The front yard shall be that part of the lot abutting and parallel to the street on which the lot has the least linear frontage and the rear yard shall be that part of the lot opposite to the front yard and farthest removed from the street with the least linear frontage. The designation of front, rear and side yards on corner lots as herein provided may be incompatible with other lots in the area because of the size or shape or location of the corner lot in which case the determination and designation of front, rear and side yards shall be made in the discretion of the City authority having jurisdiction of the matter. (CC 1990 §18.040; Ord. No. 92-6 §2, 3-19-92; Ord. No. 96-11 §§1-2, 9-3-96; Ord. No. 00-08 §§1-2, 3-7-00)

SECTION 405.050: CITY PLAN-ANNEXATION

1. The Planning and Zoning Commission shall make and adopt a plan for the physical development of any territory that may be annexed or in any other manner acquired by the City. The plan, with accompanying maps, charts and descriptive and explanatory matter, shall show the Commission's recommendations for the physical development and uses of land within the City; the general location, character and extent of streets, bridges, parks, and other public ways, grounds, places and spaces; the general location of public buildings and other public property; and the general location and extent of public utilities and terminals.
2. In the preparation of the plan the Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the City. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the City which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development.
3. Before adoption, amendment, or extension of the plan the Commission shall hold at least one (1) public hearing. At least fifteen (15) days' notice of the time and place of the hearing shall be published in a newspaper having general circulation within the City. The hearing may be adjourned from time to time. The adoption of the plan shall require a majority vote of the full membership of the Commission. The resolution shall refer expressly to the maps, descriptions, and other matters intended by the Commission to constitute the plan. The action taken shall be recorded on the plan by identifying signature of the Secretary of the Commission. The plan shall be filed in the office of the Commission identified by appropriate file number. A copy of the plan shall be certified to the Board of Aldermen and the City Clerk.
4. The Board of Aldermen shall consider any adoption, amendment or extension of the plan at a regular or special meeting in accordance with Sections 89.010 through 89.490, RSMo., as amended, and as provided in this Chapter. If the Board approves the plan the City Clerk shall be instructed to file a copy of it with the official records of the City. If the Board of Aldermen does not approve the plan it shall be returned to the Commission with appropriate comments from the Board. The Commission shall reconsider the plan and resubmit it to the Board with such modifications or changes as it deems appropriate in light of the comments of the Board.
5. After approval of the plan by the Board of Aldermen the subdividing of any land within the City of Clarkson Valley shall be coordinated with the City Plan in accordance with the provisions of Chapter 410, Subdivision Regulations.
6. After approval of the plan by the Board of Aldermen no street or other public facility or facility of a public utility, the location, extent and character of which has been included in the plan, shall be constructed or authorized in the City until the location, extent and character thereof has been submitted to and approved by the Commission. In case of disapproval the Commission shall communicate its reasons to the Board of Aldermen which may overrule the Commission by a vote of two-thirds (2/3) of its entire membership. Failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval of the improvement.
7. No owner, or agent of the owner, of any land located within the platting jurisdiction of the City shall knowingly, or with intent to defraud, transfer, sell, agree to sell, or negotiate the sale of the land by reference to, or by other use of, a plat of any purported subdivision of the land, before the plat has been approved by the Board of Aldermen and recorded in the office of the County Recorder of St. Louis County, under penalty of forfeiture to the City of the sum of three hundred dollars ($300.00) for each lot transferred or sold, or agreed or negotiated to be sold. The City may enjoin or vacate the transfer, sale, or agreement to sell, by appropriate legal action, and may recover the penalty in any such action.
8. The Commission is authorized and empowered to prepare a zoning plan for the regulation of the height, area, bulk, location and use of private, nonprofit, and public buildings, structures, and premises, and of population density, consistent with the provisions of this Chapter, and may, from time to time, recommend to the Board of Aldermen changes in, or modifications of, district boundaries, classifications, and regulations thereunder. (CC 1990 §18.050)

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