City of Clarkson Valley
Missouri

ARTICLE II.   DISTRICTS AND DISTRICT REGULATIONS

SECTION 405.060: DISTRICTS DESIGNATED AND BOUNDARIES THEREOF

 A.    In order to regulate and restrict the location and use of private, nonprofit and public buildings, structures and land for trade, residence, and other purposes, to regulate and deter­mine the area of yards and other open spaces surrounding buildings, to regulate and limit the height of buildings hereafter erected or altered, to provide adequate parking spaces, to regu­late the use of signs and bulletin boards, and to regulate and limit the intensity of the use of lots and premises including floor area, the City is hereby placed in two (2) zoning districts as follows:  

1.     Zone "A" Semi-Rural District; and

2.     Zone "C" Office District.

 B.    The boundaries of the districts are shown upon the map attached hereto and made a part of this Chapter, which map is designated as the "District Map."  The District Map, and all notations, references and other information shown thereon, shall have the same force and effect as if fully set forth and described herein.  The District Map shall be properly attested by the City Clerk and shall be filed with the City Clerk.  The District Map, marked Exhibit "A", on file in the City offices, and made a part herein by reference, shall reflect that all of the territory now located in the City of Clarkson Valley shall be in Zoning District "A" Semi-Rural District except that part of the territory in Zoning District "C" Office District which is described in Exhibit "B" at the end of this Chapter 405.

 C.    All territory which may hereafter be annexed to the City shall be classified as lying within the Zone "A" Semi-Rural District until such initial classification shall have been changed by amendment of this Chapter.

 D.    Whenever any road, street or other public or private way is vacated by the Board of Aldermen or by adjoining property owners, the zoning districts adjoining each side of such road, street 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 districts.

 E.    Except as hereinafter provided:  

1.     No building shall be erected, converted, enlarged, reconstructed or structurally al­tered nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.  

2.     No building shall be erected, converted, enlarged, reconstructed or structurally al­tered to exceed the height limit herein established for the district in which such building is located.  

3.     No building shall be erected, converted, enlarged, reconstructed or structurally al­tered so as to intrude upon the area required for the front, side and rear yards as herein established, nor shall any building be erected that does not meet minimum floor areas or off-street parking requirements.  

4.     No lot area shall be so reduced or diminished 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 herein es­tablished.  

5.     No building shall hereafter be erected, converted, enlarged, reconstructed or struc­turally altered unless located on a lot as herein defined, and in no case shall there be more than one (1) building on one (1) lot except as hereinafter provided.  

6.     No parking shall be permitted on any lot within the City of Clarkson Valley except parking incidental to a building or structure located on such lot and then only when such building or structure is located entirely within the boundaries of the City of Clarkson Valley.  (CC 1990 §18.060)  

 SECTION 405.070: BOUNDARIES OF DISTRICTS

 Rules Where Uncertainty May Arise.  Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Chapter, the following rules apply:

1.     The district boundaries are either roads or streets, unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Chapter are bounded approximately by street or road lines, the street or road shall be con­strued to be the boundary of the district.  

2.          Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map ac­companying 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 districts unless the boundaries are otherwise indicated on the map.  

3.     In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the maps.  (CC 1990 §18.130)  

 

SECTION 405.080: "A" SEMI-RURAL DISTRICT REGULATIONS  

A.    The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the district regulations in the Zone "A" Semi-Rural District.  

B.    Use Regulations.  A building or premises shall be used only for the following purposes:  

1.          Single-family dwellings.  

2.          Churches.  

3.          Farms, but no livestock shall be housed or maintained in a fenced or enclosed area that is located nearer than one hundred (100) feet from any single-family residence, except that this requirement shall not apply to residences located upon the farm.  

4.     Truck gardening.  

5.     Public schools, elementary and high, and private educational institutions having a curriculum the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping except such quarters as are necessary for cus­todians.  

6.          Institutions of an educational, religious, charitable, or philanthropic nature, pro­vided however, that such buildings shall not be located upon sites containing an area of less than five (5) acres, may occupy not over ten percent (10%) of the total area of the lot, that the buildings shall be set back from all lot lines a distance established by the Commission, but not less than those building lines set forth in Subsection (E) herein relating to "Area Regulations and Building Lines", taking into consideration the size of the lot and the improvements, building plans and design, terrain, surrounding properties and similar factors, and ample off-street parking space will be provided.  

7.          Removal of dirt, topsoil or clay.  

8.          Nurseries.  

9.          Private golf courses, except miniature courses or practice driving tees operated for commercial purposes.  

10.   Home occupations.  

11.          Accessory buildings, accessory structures and accessory uses including the usual farm buildings; but excluding any buildings, structures or uses provided for in Section 405.120 hereof.  

12.          Temporary signs not exceeding twelve (12) square feet in area pertaining to the lease, hire or sale of a building or premises located within the City which signs shall be removed as soon as the premises are leased, hired or sold.  Not more than one (1) temporary sign of the above character per building or premises shall be permitted upon any lot and not more than one (1) temporary sign of the above character per building or premises shall be permitted in any other location within the City.  

13.          Permanent signs pertaining to public convenience, information or awareness which shall not exceed ten (10) square feet in area, shall not extend more than fifteen (15) feet above the elevation of the ground and shall not exceed four (4) feet in width.  

14.          Antenna structures.  

15.          Temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.  

a.   A temporary building or a trailer may be used as a construction office, field office, or for storage of materials to be used in connection with the development of said tract, provided that said temporary structure is removed from said tract within thirty (30) days after completion of the project development.  The temporary building or trailer must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development or after revo­cation of building permits, or on order by the Building Commissioner upon a finding by him/her that said temporary structure is deemed hazardous to the public health and welfare.  

b.   Temporary real estate offices or sales offices may be established in a display dwelling unit or a temporary building.  Said offices must be closed and the oper­ation discontinued and all temporary structures and facilities must be removed from the tract  

(1)  Within thirty (30) days after all lots or dwelling units have been sold, rented, or  leased; or  

(2) After the passage of thirty (30) days from the date of the last transaction after ninety percent (90%) of the development has been sold, rented, or leased.  

c.   No temporary building or trailer shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located.  

d.   Any other provisions of the law notwithstanding, a building permit or an occupancy permit shall not be required for buildings or trailers permitted in Subparagraph (a) of this Subsection (B)(15).

16.          Group home.  The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.  No group home shall be located within one (1) mile of another group home.  Group homes shall be eleemosynary or not-for-profit in nature.  

C.    Parking Regulations.  Off-street parking space shall be provided as follows:

1.          Single-family dwelling.  Attached garage for each dwelling providing for not less than two (2) parking spaces.  Garage opening must not be visible from any spot in the street or in the front yard between the parallel lines running along each side of the main structure located on a normal or interior lot and extending across said front yard into the street.  The applicant for a building permit shall furnish a certified survey of lot with improvements and parallel lines and shall locate the parallel lines on the lot at the point where the extension of the parallel lines intersect said street.  

2.          Church.  One (1) parking space for each five (5) seats in the main auditorium.  

3.          School and public building.  One (1) parking space for every ten (10) seats in the main auditorium, stadium or other place of public assembly, and one (1) parking space for each classroom in a school building.  

4.          Handicapped parking spaces.  Where parking is provided on any church, school, public or commercial premises, handicapped parking spaces shall be provided in compliance with Chapter 500 of this Code.  

D.    Height Regulations.  No building shall exceed two (2) stories or thirty-five (35) feet in height except as hereinafter provided.  

E.    Area Regulations And Building Lines.  

1.     Front yard and front building line.  There shall be a front yard having a depth of not less than seventy-five (75) feet.  The line drawn parallel to and seventy-five (75) feet distance from the street line shall be the front building line.  On through lots (double frontage) there shall be a front yard and a rear yard each having a depth of not less than seventy-five (75) feet.  

2.     Side yard and side building line.  Except as hereinafter provided, there shall be a side yard on each side of a building having a width of not less than twenty-five (25) feet.  The line drawn parallel to and twenty-five (25) feet distant from side lot line shall be the side building line.  

3.     Rear yard and rear building line.  Except as hereinafter provided there shall be a rear yard having a depth of not less than fifty (50) feet.  The line drawn parallel to and fifty (50) feet distant from the rear lot line shall be the rear building line.  

4.     Floor area.  Every single-family dwelling hereafter erected shall contain a floor area exclusive of area over open porches, breezeways or garage space as follows:  

a.   All one-story houses shall contain a minimum of two thousand four hundred (2,400) square feet of floor space completely above grade.  

b.   All two-story houses shall contain a minimum of two thousand eight hundred (2,800) square feet of floor space completely above grade.  This includes multi-level houses.  

c.   A multi-level house, with living space below the highest point of grade, shall contain a minimum of two thousand eight hundred (2,800) square feet with at least two thousand two hundred fifty (2,250) square feet completely above grade.  Any space below grade, to qualify as living space must have at least one (1) wall completely above grade at that wall, and this wall to be at least twenty (20) feet long.  

5.          Intensity of use.  Every lot or tract of land upon which a single-family dwelling is erected shall have an area of not less than one (1) acre and a minimum width at the front building line of not less than one hundred twenty-five (125) feet, except that if a lot or tract has less area or width than herein required and was of record at the time of the passage of this Chapter, that lot may be used for any of the uses permitted by this Section provided that no single-family dwelling which utilizes a self-contained sewage treatment system shall be permitted on a lot with less than two (2) acres of dry land area.  (CC 1990 §18.070; Ord. No. 92-7 §2, 3-19-92; Ord. No. 96-02 §2, 3-5-96; Ord. No. 96-06 §2, 6-4-96; Ord. No. 97-03 §1, 3-4-97)  

SECTION 405.090: "C" OFFICE DISTRICT REGULATIONS  

A.    The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the district regulations in the Zone "C" Office District.  

B.    Permitted Land Uses And Developments.  The following land uses and developments permitted in this District:  

1.          Offices or office buildings.  

2.          Business and professional services wholly accessory to office operations and activities.  

3.          Employee and guest dining facilities or cafeterias for the specific use of a designated office or group of offices under the same ownership or management.  

4.          Streets, access drives, alleys, parking areas, including garages, for automobiles, but not including any sales of automobiles, or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours.  

5.     Local public utilities, subject to the following requirements:  

a.   Any public utility facility shall be:  

(1) Adequately screened with landscaping, fencing or wall, or any combination thereof; or  

(2)                      Placed underground; or  

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.  

b.   All plans for screening or enclosing public utility facilities shall be submitted to the City Planning and Zoning Commission for its review and recommenda­tion.  No building permit or installation permit shall be issued until these plans have been approved by the City Board of Aldermen.  

c.   Antenna structures.  

C.    Accessory Land Uses And Developments.  Accessory buildings, structures, and uses are permitted in conjunction with a permitted land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use.  Accessory uses include the following:  

1.          Cafeteria for employees and guests only.  

2.          Devices for the generation of energy, such as solar panels and similar devices.  

3.          Individual sewage treatment facilities serving an individual building or use, as ap­proved by the appropriate regulatory agency.  The sewage treatment facility shall not exceed six thousand (6,000) gallons per day flow.  

4.     Signs (business, directional, and information) as authorized for this district and by the Municipal Code, as amended, or other ordinances.  In the event of a conflict between the "C" Office District regulations and the Municipal Code, as amended, or other ordinances, the "C" Office District regulations shall prevail.  

5.     Solid waste management shall be in accordance with Chapter 225 of the Municipal Code, as amended.  

D.     Performance Standards.  The Performance Standard Regulations establish standards for noise, odor and smoke to minimize negative effects on adjacent land uses and develop­ments.  

1.          Noise.  Every use shall be so operated that no sound or noise is generated which exceeds the pressure level limitations of the St. Louis County Air Pollution Code, Chapter 612 SLCRO.  

2.     Odor.  Every use shall be so operated that no offensive or objectionable odor is emitted which exceeds the limitations of the St. Louis County Air Pollution Code, Chapter 612 SLCRO.  

3.          Smoke.  Every use shall be so operated that no smoke from any source shall be emitted which exceeds the emission level limitations of the St. Louis County Air Pollution Code, Chapter 612 SLCRO.

E.    Lot Area Requirements And Development Limitations.  

1.          Buildings and related parking areas together with associated accessory uses and developments shall be situated on tracts of land at least five (5) acres in area.  This shall not preclude more than one (1) building being located on a single lot.  

2.     All permitted structures shall not exceed three (3) stories or forty-five (45) feet in height, excluding basement and penthouse, whichever is less, but in no event shall total height, including penthouse, exceed fifty-five (55) feet.  The penthouse shall not occupy an area in excess of twenty percent (20%) of the total square footage at grade per structure.  The penthouse shall be adequately screened.  

3.     Each permitted structure must have a minimum of ten thousand (10,000) square feet at grade and a maximum of one hundred thousand (100,000) square feet at grade as measured from the inside walls.

4.     No dwelling units shall be permitted in structures containing offices.  

F.    Minimum Yard Requirements.  

1.          Buffer area.  Buffer areas may be required as determined by the Board of Aldermen to preserve land uses in the area.  No structure of any kind or description shall be erected upon a buffer area with the exception of such manholes, landscaping, berms, underground piping, cables and stormwater control devices, including reten­tion and detention ponds, as are required for adequate storm and sanitary sewers and such other structures as shall be approved by the Board of Aldermen after having been submitted to the Clarkson Valley Planning and Zoning Commission for its study and recommendation.  The owner of the buffer area shall execute a deed for recording in St. Louis County which deed shall restrict the use of the buffer area to the terms and conditions set out in this Subparagraph and elsewhere in the Municipal Code, as amended, or other ordinances.  

2.     Front yard.

a.   No structure is allowed within seventy-five (75) feet of the right-of-way line of any road or street except as provided in this Chapter.  

b.   Notwithstanding any other provision of this Chapter, no structure or plant ma­terial exceeding three (3) feet in height above the elevation of the street pavement is allowed within a sight distance triangle at the corner of any road or street and at all entrances to the District.  

c.   Permitted information and business signs, six (6) feet in height or less, are al­lowed within the minimum front yard setback.  

d.   Permitted directional signs, ten (10) feet in height or less, are allowed within the minimum front yard setback.  

e.   Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Board of Aldermen as part of the Final Site Development Plan Approval.

3.     Side and rear yards.  

a.   No office building is allowed within a minimum of seventy-five (75) feet of a property line adjoining property in the "A" Semi-Rural District.  

b.   Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks.  

c.   Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any side or rear yard line which adjoins property in the "A" Semi-Rural District.  

G.    Street, Alley, Access Drive, Off-Street Parking And Loading Requirements.  

1.     Scope of provisions.  The regulations contained in this Subsection (G) shall govern the size, number, location, and design of all street, alley, access drives, and off-street parking and loading facilities in Zone "C" Office District.  

2.     All streets, alleys and access drives shall be paved with an all weather, dustless material suitably designed for the intended use upon approval by the Board of Aldermen as part of the Final Site Development Plan Approval.

3.          Minimum parking and loading requirements.  Minimum parking requirements are 3.9 spaces for every one thousand (1,000) square feet of floor area.  A maximum of thirty percent (30%) of said spaces may be allocated for compact cars.  Minimum loading requirements are one (1) ten (10) foot by forty (40) foot loading space with a height clear of obstruction of not less than fourteen (14) feet for each one hundred thousand (100,000) square feet or fraction thereof in a building.  

4.     A parking space dimension shall be nine (9) feet by nineteen (19) feet for all cars with the exception that parking spaces for compact cars may be eight and one-half (8½) feet by eighteen (18) feet.  

5.          Curbed islands are required at ends of aisles where necessary for traffic control or drainage.  

6.     A minimum of one (1) handicapped parking space for every twenty thousand (20,000) square feet of floor area shall be provided as near as possible to every entrance to every office building.  

7.          Supplementary off-street parking and loading requirements.  In addition to the above parking and loading requirements, the following standards shall apply:  

a.   All parking and loading areas, including driveways, shall be paved with an all weather, dustless material suitably designed for the intended use upon approval by the Board of Aldermen as part of the Final Site Development Plan Approval.  

b.   All areas for off-street parking and loading shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto.  

c.   Off-street parking areas must provide for ingress and egress to abutting road­ways as approved by the Board of Aldermen as part of the Final Site Development Plan Approval.  

d.   No parking or loading space or internal drive except for ingress and egress drives, shall be closer to the street right-of-way than thirty (30) feet.  The space within thirty (30) feet of the street right-of-way shall be landscaped and contain a side­walk of concrete construction which shall be four (4) feet wide and four (4) inches thick and shall be maintained by owner.  

e.   No parking or loading space or internal drive shall be closer than twenty (20) feet to any adjoining "A" Semi-Rural District.  

f.   All parking spaces required by this Chapter shall be located on the same parcel of land as the use to be served.  

g.  No off-street parking space required under this Chapter shall be used for any other purpose.  Where a change in use creates greater parking requirements than the  amount being provided, an occupancy permit shall not be issued until provi­sion is made for the increased amount of required off-street parking.  

h.   Where an addition is made to an existing use which does not comply with the parking requirements cited for such use, additional parking shall be provided in proportion to the addition.  

i.   Where parking is provided on any church, school, public or commercial premises, handicapped parking spaces complying with Chapter 500 of this Code.  

H.    Sign Regulations.  

1.     Basic sign regulations are set forth in Chapter 505 of the Municipal Code, as amended.  

2.          Subject to other provisions of this Subsection (H), each developed lot may have no more than one (1) freestanding business sign facing each roadway on which the lot has frontage regardless of the number of buildings upon the lot.  However, each building, regard­less of the number of lots upon which it may be located, shall have no more than one (1) freestanding business sign facing each roadway on which its lot or lots has frontage.  No freestanding business sign shall exceed fifty (50) square feet in outline area per facing; nor exceed a width of eight (8) feet; nor extend more than sixteen (16) feet above the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building on the property facing the street, whichever is higher.  

3.     Each lot may have no more than one (1) freestanding information sign facing each roadway on which the lot has frontage.  Such freestanding information sign shall not exceed twenty (20) square feet in outline area per facing; shall not exceed a width of five (5) feet; and shall not extend more than sixteen (16) feet above the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building on the property facing the street, whichever is higher.  

4.          Directional signs.

a.   Directional signs shall not exceed ten (10) square feet in outline area per facing.  Freestanding directional signs shall not extend more than fifteen (15) feet above the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building facing the street, whichever is higher.  

b.   No directional sign shall be located on or over a public right-of-way without approval of the appropriate government entity.  

c.   The height of all directional signs shall not exceed ten (10) feet when located within the minimum front yard setback.  

5.     Each building may have a business sign.  Such sign shall not exceed fifty (50) square feet in outline area and shall be a flat sign permanently affixed to the face of the building.  

6.          Miscellaneous.

a.   Sign illumination shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on adjoining properties in the "A" Semi-Rural District.  

b.   No sign shall be illuminated by intermittent light sources.  

c.   Pennants, fringes, lights, sound equipment or similar devices for attracting at­tention shall not be permitted.  This does not prohibit the display of the National, State or Corporate Flags.  

d.   A temporary project information sign shall be permitted at each main entrance to a Zone "C" Office District development.  No such sign shall exceed one hundred fifty (150) square feet in outline area per facing, nor exceed a width of twenty (20) feet nor extend more than thirty (30) feet above the elevation of the adjacent street.  The sign may be located on any platted lot or common ground of a development or any un­platted portion of the development identified as part of a particular development on an approved preliminary subdivision plat or site development concept plan, site development section plan, or site development plan.  Said temporary project information sign shall be removed within thirty (30) days of project completion as evidenced by issuance of a valid occupancy permit.  

e.   All business signs shall be located as not to impair the visibility of any official highway sign or marker and no business sign shall be so placed as to unneces­sarily obstruct the visibility of any other business sign.  

f.   The paragraphs in this Subsection (H) shall prevail in the event of a conflict between any of its provisions and any provision of the Municipal Code, as amended, or other ordinances.  

7.     For sale/lease signs.  Each lot may have no more than one (1) temporary sign pertaining to the lease, hire or sale of a building or premises within the City not exceeding twenty (20) square feet in outline area per facing; shall not exceed a width of five (5) feet; and shall not extend more than sixteen (16) feet above the elevation of the average finished ground elevation along the side of the building on the property facing the street; whichever is higher.  

I.     Preliminary Site Development Plan Approval.  

1.     Any person seeking approval under this Section shall confer with the City Clerk or his/her assistants in order to become thoroughly familiar with the regulations and re­quirements of the City affecting the territory in which the land in question lies and shall become familiar with the zoning plan and regulations.  

2.     After fulfilling the requirements of the preceding paragraph, a preliminary site de­velopment plan shall be prepared which is drawn to scale of not less than one (1) inch to one hundred (100) feet showing the topography of the land and the existing or proposed locations of the following:  

a.   Streets, alleys and access drives;  

b.   Parking areas and loading spaces;  

c.   Lot lines;  

d.   Building lines;  

e.   The area in square feet of each structure;  

f.   Surrounding streets;  

g.   Surrounding lots;  

h.   Accessory structures;  

i.   Watercourses;  

j.   Retention and detention ponds;  

k.   Sewers;  

l.   Water mains;  

m.   Buffer areas; and  

n.   All easements.  

Three (3) copies of the preliminary site development plan shall be submitted to the Planning and Zoning Commission, unless this requirement shall be waived by reso­lution of the Board of Aldermen in its sole discretion.  Such waiver may be granted in the event plans or documents have been submitted to the City which contain information equivalent to the foregoing.  In the event such a waiver is granted the one hundred dollar ($100.00) fee and compliance with paragraph (3) of this Subsection (I), "Preliminary Site Development Plan Approval," shall not be required.  If a waiver is granted, the equivalent of the preliminary site development plan shall be deemed approved for the purposes of proceeding in accordance with Subsection (J) herein, "Final Site Development Plan Approval." A fee of one hundred dollars ($100.00) shall be paid to the City Clerk for the purpose of providing funds for administrative costs incidental to the processing of the preliminary site development plan by the City.  Said amount shall not be returned upon failure to meet the requirements of this Section or to submit a final site development plan in proper form.  

3.     The Planning and Zoning Commission shall study the preliminary site development plan to determine whether it conforms with the minimum standards and require­ments of this Chapter, and shall approve or reject such plan within thirty (30) days after the date of submission thereof to the Commis­sion.  If the Commission does not act within such period of time the preliminary site development plan shall be deemed approved.  Such approval does not constitute ap­proval of the proposed site development, but merely an authorization to proceed with the preparation of the final site development plan.  

J.     Final Site Development Plan Approval.  

1.     After the preliminary site development plan is approved, a final site development plan consisting of a final map on tracing cloth and three (3) prints thereof shall be prepared and submitted to the Planning and Zoning Commission showing:  

a.   The grades and land elevations; boundaries of the property; the lines of all pro­posed parking areas including the number of spaces, loading spaces, streets and alleys (with their width and names); and any other areas intended to be open for public use.  

b.   The lines of adjoining streets and alleys (with their width and names).  

c.   All linear dimensions, necessary for locating boundaries of any lots, streets, alleys, access drives, easements and building line setbacks, buffer areas, reten­tion and detention ponds, and any other similar public or private uses.  The linear dimensions shall be expressed in feet and decimals of a foot.  

d.   Radii, arcs and chords, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners.  

e.   All monuments and signs together with their descriptions.  

f.   Title and description of the property, showing its location and extent, points of compass, scale of plan, and name of owner, developer and of engineer staking the property.  

g.   Profiles may be required of any streets.  

h.   Any private restrictions shall be shown on the plan or reference made to them thereon and if contained in a separate document, three (3) copies thereof shall be furnished to the Planning and Zoning Commission, and plats shall contain proper acknowledgements of owners and mortgages (mortgagees) accepting said platting and restrictions.  

i.   The location of all drainage facilities, sanitary sewers, storm sewers, retention and detention ponds, water mains, and watercourses.  

j.   The location, size and description of all landscaped space.  

k.   The geometrical elevations, location, and approximate dimensions of all proposed structures and accessory structures.  

l.   The location and height of all proposed illumination structures.  

m.   Such additional information as may be required by the Board of Aldermen for approval of the Final Site Development Plan Approval.

2.     A certificate shall accompany the final site development plan showing that all taxes due shall have been previously paid.  

3.     After the final site development plan has been approved by the Planning and Zoning Commission, it shall initial or sign a copy of such final site development plan and deliver to the City Clerk the original tracing and a print thereof.  If the Zoning Commission does not approve the final site development plan, the Board of Aldermen may approve said plan only by a four-fifths (4/5) vote of the membership of the Board.  The final site development plan must be approved by the Board of Aldermen.  A copy of all final plans shall be filed in the office of the City Clerk after approval by the Board of Aldermen.  

4.     The final site development plan shall be reviewed and approved by the City En­gineer for compliance with all applicable codes and ordinances relating to grading, landscaping, drainage, storm sewer devices, sanitary sewers, water mains, setback requirements, streets, alleys, access drives, parking, loading, signs and lighting re­quirements before final approval shall be given by the Board of Aldermen.  No development of the property shall be performed and no permit for construction shall be issued by the Building Commissioner unless such development or construction is consistent with the final site development plan as approved by the Board of Aldermen.  

K.     Miscellaneous Regulations.  

1.     No accessory land use or development shall be established until a primary structure or use is established on the same lot.  No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.  

2.          Where a right-of-way line has been established or has been reasonably publicized for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the established future street right-of-way line.  

3.     Each corner lot shall have a rear yard and a side yard with appropriate minimum setback requirements.  The side and rear yards shall be identified by the owner of the corner lot when plans are submitted for the first building on the property.  

4.     All illumination structures, except for approved street lights, shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on adjacent properties in the Zoning District "A" Semi-Rural District.  

5.     No permits shall be issued for grading, building, or use of a site which are not in accordance with the final site development plan as approved.  

6.          Notwithstanding the additional Height and Area Regulations in Section 405.110, every part of a required yard in Zoning District "C" Office District shall be open to the sky, unobstructed except as follows:  

a.   Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches;  

b.   Ordinary projecting of chimneys and flues, not to exceed twenty-four (24) inches in width, projecting not to exceed twenty-four (24) inches;  

c.   Roof overhangs projecting not to exceed eighteen (18) inches, except roof over­hangs over the main entrance of a building may project a reasonable distance as approved by the Board of Aldermen as part of the Final Site Development Plan Approval;  

d.   Slab type porches or paved terraces as approved by the Board of Aldermen as part of the Final Site Development Plan Approval may project into any yard;  

e.   Driveways, ramps, sidewalks, and parking lots as otherwise permitted by the Chapter.  

7.          Temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.  

a.   Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development.  Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development after revocation of building permits, or on order by the City Building Commissioner upon a finding by him/her that said temporary structure is deemed hazardous to the public health and welfare.  A bond in the amount of one thousand dollars ($1,000.00) for their removal shall be posted with the City of Clarkson Valley.  

b.   No temporary buildings or trailers shall at any time be located within the des­ignated buffer area or closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the district in which such temporary building or trailer is located.  

c.   Any other provisions of the law notwithstanding, a building permit or an occu­pancy permit shall not be required for buildings or trailers permitted in Para­graph (a) of this Subsection (K)(7).  

8.     In each instance in which approval of a use or development of property in a Zone "C" Office District development is made subject to conditions by the City, a copy of the approved ordinance, resolution, order or permit shall be furnished by the property owner or owners or petitioner to the operator, owner, and manager of the property, including successor operators, owners, and managers.  Each successor shall forward to the City Clerk an acknowledgment that he or she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith.  

9.     Litter.  

a.   In this Subsection, the word "litter" means and includes, garbage, trash, refuse, junk, brush, inoperative machinery, discarded or unused construction materials or other waste material.  

b.   No person shall throw or deposit litter on any vacant or occupied property whether owned by such person or not.  

c.   The owner or person in control of any private property shall at all times, main­tain the premises free of litter.  

10.          Landscaping.

a.   Landscaped space shall be open space having recreational, scenic and health value and which is devoted to plants rooted directly in the ground or in perma­nent planters or to fountains, pools or statutory [statuary] and none of which is used for drives or parking spaces for automobiles.  

b.   All open space shall be adequately landscaped.  

11.          Development inspection.  The Mayor is authorized to employ a competent registered professional engineer:  

a.   To examine said preliminary site development plan and final site development plan and report to the Board of Aldermen, Planning and Zoning Commission and such other City Officials as the Board of Aldermen shall determine whether or not the design, improvements for paving, stormwater facilities, sanitary sew­erage facilities, and all other site development improvements are reasonably adequate and in proper condition to function effectively;  

b.   To inspect construction of the site development and report to the Board of Aldermen and other City Officials concerning the construction;

c.   The developer shall pay to the City Treasurer the reasonable charges of the registered professional engineer employed by the City for engineering review of site development details and construction inspection services.  The registered professional engineer employed by the developer to design the improvement plans shall be responsible for the submission of improvement design details, specifications, staking out and supervising the installation of said improvements.  (CC 1990 §18.071; Ord. No. 96-03 §2, 3-5-96; Ord. No. 96-06 §3, 6-4-96)    

SECTION 405.100: ADDITIONAL HEIGHT AND AREA REGULATIONS

The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.

1.          Public, semi-public or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding fifty (50) feet, and churches and temples may be erected to a height not exceeding sixty (60) feet, if the building, or the portion thereof exceeding the height limit, is set back from each lot line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.  

2.          Except as hereinafter provided, chimneys, ornamental towers and spires, church stee­ples, radio towers, silos, farm buildings and retaining walls may be erected to any lawful and safe height.  

3.     Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of sky lights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches.  This requirement shall not prevent the construction of fences not exceeding six (6) feet in height.  This requirement shall not apply to any retaining wall located in a required yard.  

4.     Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a rear yard not more than five (5) feet and the ordinary projections of chimneys and flues are permitted.  

5.     An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet.  (CC 1990 §18.100; Ord. No. 88-20 §1, 11-1-88)


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