BILL NO. 0294                                                              ORDINANCE NO. 04-18

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE IV: LAND USE REGULATIONS, CHAPTER 405: ZONING REGULATIONS, ARTICLE I. GENERAL PROVISIONS, BY ADDING A NEW DEFINITION OF “RETAINING WALL” IN CHAPTER 405.040: DEFINITIONS.

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            BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

            SECTION 1:  The Municipal Code, City of Clarkson Valley, Missouri, is hereby amended in Title IV: Land Use, Chapter 405: Zoning Regulations, Article I. General Provisions by adding a new definition of retaining wall in Section 405.040: Definitions.

            SECTION 2:  A new definition of RETAINING WALL of Section 405.040 shall be adopted which will read as follows: 

RETAINING WALL:  A wall or similar structure designed for the retention of dirt, gravel, sand, soil, or other landscaping, natural, or man-made material.  Retaining walls constructed to a height of four (4) feet or less do not require a building permit as long as the retaining wall is constructed entirely within the front, side, and rear building lines.  All other walls require a building permit.  If an existing retaining wall over four (4) feet in height is replaced, the property owner shall obtain a building permit prior to any re-construction of the retaining wall.  If a property owner desires to replace an existing retaining wall which is located outside the building line and/or desires to modify the height and/or length of the retaining wall, the Board of Adjustment must approve such replacement or modifications before any such construction may commence.

            SECTION 3:  All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed and held for naught. 

            SECTION 4:  Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any Court, or any right acquired or liability incurred, or any cause or causes of action acquired or existing under any act or Ordinance hereby amended.

            SECTION 5:  Except as amended herein, Title IV of the Municipal Code, City of Clarkson Valley, Missouri, shall be and will remain in full force and effect.

            SECTION 6:  This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.

            PRESENTED, APPROVED AND PASSED BY A MAJORITY OF THE BOARD OF ALDERMEN this 7th day of September 2004.

                                                            __________________________________________

                                                            Scott Douglass

                                                            Mayor

                                                            City of Clarkson Valley

ATTEST:                                            

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City Clerk