Clarkson Valley, MO Zoning Ordinance

Clarkson Valley City Zoning Code

ARTICLE II

Districts And District Regulations

Section 405.060 Districts Designated And Boundaries Thereof.

[R.O. 2001 § 405.060; CC 1990 § 18.060]

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:

Zone "A" Semi-Rural District; and

Zone "C" Office District.

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.[1]

[1]

Editor's Note: Exhibits B and C are included as an attachment to this Chapter.

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.

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.

Except as hereinafter provided:

No building or structure 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.

[Ord. No. 23-12, 9-5-2023]

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.

No building or structure 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.

[Ord. No. 23-12, 9-5-2023]

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.

No building or structure 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.

[Ord. No. 23-12, 9-5-2023]

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.

Section 405.070 Boundaries Of Districts.

[R.O. 2001 § 405.070; CC 1990 § 18.130]

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:

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.

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.

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.

Section 405.080 "A" Semi-Rural District Regulations.

[R.O. 2001 § 405.080; CC 1990 § 18.070; Ord. No. 92-7 § 2, 3-19-1992; Ord. No. 96-02 § 2, 3-5-1996; Ord. No. 96-06 § 2, 6-4-1996; Ord. No. 97-03 § 1, 3-4-1997; Ord. No. 02-03 § 3, 2-5-2002; Ord. No. 05-06 §§ 34, 6-7-2005]

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.

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

Single-family dwellings.

Churches.

Farms located on tracts of land comprising three (3) or more acres, 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.

[Ord. No. 23-08, 7-11-2023]

Truck gardening.

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.

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.

Removal of dirt, topsoil or clay.

Nurseries.

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.

(Reserved)

[Repealed by Ord. No. 02-03 § 3, 2-5-2002]

13.

(Reserved)

[Repealed by Ord. No. 02-03 § 3, 2-5-2002]

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 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.

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.

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.

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.

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

[Ord. No. 21-02, 2-2-2021]

Single-family dwelling. Attached garage for each dwelling providing for not fewer 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. All attached garages (buildings designed or used for the storage of motor vehicles owned by the occupants of the main building and which is either an integral part of the main building or connected to the first story of the main building) must have a connecting roof element that includes continuous roof lines.

Roof element: The roof structure and material for an attached garage and the connecting element shall be of the same material and structural system as the main residential building and incorporate the same pitch and slope ratio. The underside of the connecting element shall be completely enclosed, utilizing workman-like finishing material as approved by the architectural review board.

Exterior elevation: The exterior elevations of the attached garage and connecting elements shall be constructed of similar material, fenestration and structural material of the main residential building. The attached garage and connecting element shall be located within the allowable building lines and be constructed in compliance with the building codes of the City of Clarkson Valley and St. Louis County.

Carports. Carports are prohibited.

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

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.

Handicapped parking spaces. Where parking is provided on any church, school, nonprofit organization, public or commercial premises, handicapped parking spaces shall be provided in compliance with the ADA Accessible Parking Regulations and Chapter 500 of this Code.

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

Area Regulations And Building Lines.

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. On corner lots there shall be a front yard and a side yard, each having a depth of not less than seventy-five (75) feet, and not withstanding 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 the sight distance triangle.

[Ord. No. 23-13, 9-5-2023]

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.

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.

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:

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

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.

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.

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 (20) acres of dry land area.

Group Homes.

Group Home Regulations — Findings And Intent.

Findings. The Board of Aldermen finds and determines that the policy of the City is to:

(1)

Provide handicapped persons who are protected under Federal and State fair housing legislation equal opportunities to live within all residential zone districts within the City;

(2)

Disperse the location of group homes throughout the City through reasonable separation requirements;

(3)

Comply with the principles, policies and regulations of Federal and State fair housing legislation; and

(4)

Support and enhance the viability and quality of neighborhoods and residential communities for the benefit of all City residents.

Intent. The intent of these regulations is to enable Type A group homes to locate in residential communities and to increase opportunities for integration of these homes in residential neighborhoods. For classes or groups of individuals not protected under Federal and State fair housing legislation or for Type A group homes exceeding the occupant limit specified in Section 405.080, these regulations are intended to provide a review process whereby the intended use of a group home is evaluated to determine its compatibility with the surrounding land uses and its conformance with applicable criteria of approval as more fully set forth herein.

General Provisions. Unless otherwise expressly stated, a Type A or Type B group home must meet the following minimum requirements:

Licensing. The applicant is or will be licensed by the State of Missouri to operate the facility or is not required to be licensed.

Separation. No group home may be located within a one (1) mile radius of any other group home, as measured by a straight line from the closest point of property line to property line.

Density. Each group home shall maintain a minimum living area equal to one hundred sixty (160) square feet per occupant exclusive of kitchen areas, dining areas and a common living area. Additionally, each such group home shall a minimum of one (1) full bathroom per three (3) residents.

Parking. The group home must have adequate off-street parking.

Building, Fire And Safety Codes. The proposed occupancy of the group home complies with or will comply with the requirements of the currently adopted building, fire and safety codes of the City as well as all applicable requirements of the zone district or planned unit development.

Threats To Public Safety. As authorized by 42 U.S.C. § 3604(f)(9), no group home shall provide housing to any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical danger to the property of others.

The group home has no officer or staff member in its operating agency that has ever been convicted of a felony or misdemeanor involving moral turpitude.

The person granted a license under this Subsection has not had a license revoked under this Subsection in the last five (5) years.

The person granted a license under this Subsection has not been denied a license during the preceding three (3) years.

Exterior Appearance. Any group home shall comply to all architectural standards and exterior appearance requirements required under the City Code.

Specific Provisions.

Special Use Permit. Any Type A or Type B group home as defined in this Code shall file an application and obtain a special use permit from the Board of Aldermen prior to occupancy. The policies and procedures for obtaining the necessary special use permit are detailed in Section 405.080(F)(3)(d) herein.

Reasonable Accommodations.

(1)

The Federal Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended, requires that local governments be prepared to make "reasonable accommodations" in order to permit housing for certain protected individuals to occur in residential areas. In response to a written application identifying the type of housing being provided and the portions of the Fair Housing Act that require reasonable accommodations be made for such housing, the City Building Inspector, or his or her designee, in consultation with the Board of Aldermen, is authorized to approve minor modifications of building setbacks, height, lot coverage or occupancy limits in order to provide reasonable accommodations without the need for an additional approval process.

(2)

The Building Inspector, or his or her designee, may approve a type of reasonable accommodation different from that requested by the applicant if the Building Inspector concludes that a different form of accommodation would satisfy the requirements of the Federal Fair Housing Act with fewer impacts on adjacent neighborhoods. The decision of the Building Inspector shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations and the authority for any reasonable accommodations approved.

Occupancy Limits. If an applicant for a Type A group home seeks to house more than eight (8) individuals (excluding support personnel) or is denied a reasonable accommodation to increase the number of occupants within the group home, it may seek approval for a Type B group home permit in conformance with Subsection (F)(3)(d) herein.

Special Use Permit — Type A And Type B Group Homes.

(1)

General. In addition to the general requirements for all group homes specified in Section 405.080(F)(2) above, all Type A or Type B group home shall not locate or operate within the City unless it has received approval by the City in the form of a written special use permit in conformance with this Section.

(2)

Purpose. The Type B group home review and approval procedure provides a discretionary approval process for group homes with potentially widely varying operating characteristics. The procedure encourages public review, agency referral and evaluation of a Type B group home's operating characteristics and site development features and is intended to ensure that a proposed group home will not have a significant adverse impact on surrounding uses and neighborhoods within the City.

(3)

Pre-Application Conference. An applicant of a Type A or Type B group home shall schedule and attend a pre-application conference with appropriate City staff before filing a group home permit application. The purpose of the pre-application conference is to inform the applicant of applicable procedures, submittal requirements and other pertinent matters to assist the applicant in completing an application. Staff opinions offered during a pre-application conference are informational only and do not represent a commitment on behalf of the City regarding the acceptability of the application.

(4)

Application Filing.

(a)

Applications for a Type A or B group home shall be submitted on forms provided by the City in such numbers as required by the City.

(b)

At a minimum, the application must include the following information:

(c)

Letter of intent fully describing the intended use and character of the group home;

(d)

Name of property owner;

(e)

Property address and legal description;

(f)

Evidence of title;

(g)

Letter of authorization from property owner if property owner is not the applicant;

(h)

Site plan, including the following information:

(i)

Legal description of property;

(ii)

Location and dimension of existing and proposed structures, gross floor area, square footage of habitable space and locations of entrances;

(iii)

Provision for parking;

(iv)

Graphic description of any proposed physical alterations or additions to the property and/or structures located thereon.

(5)

Incomplete Applications. An application shall be considered substantially complete if it is submitted in the required form, including all required submittal information and all items or exhibits specified in this Section or requested by the City during a pre-application conference and is accompanied by the applicable application fee. Any application that is not accompanied by the required fees shall be deemed incomplete.

(6)

Notice. If the City determines that the application is incomplete, the appropriate City staff shall notify the applicant of that fact and specify the specific ways in which the application is deficient. No further processing of the incomplete application shall occur until the deficiencies are corrected.

(7)

Planning And Zoning Review. Upon acceptance of a complete application and satisfaction of the referral process, the application shall be forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application, and within sixty (60) days from the date of receipt of a complete application make a recommendation to the Board of Aldermen based on the approval criteria. Notice of Planning and Zoning Commission and Board of Aldermen public hearings shall be mailed and posted in accordance with City Code.

(8)

Burden Of Proof. The burden of demonstrating that a Type B group home permit application complies with applicable review and approval criteria set forth in this Section is on the applicant. The burden shall not be on the City or other parties to show that the criteria have not been met.

(9)

Board Of Aldermen Review And Decision. After receiving the recommendation of the Planning and Zoning Commission, the Board of Aldermen shall consider the group home permit application at a public hearing and at the close of the public hearing, the Board of Aldermen shall act to approve, approve with conditions or deny the proposed group home special use permit application.

(10)

Approval Criteria. A Type B group home permit application may be approved only if the Board of Aldermen finds that all of the following criteria have been met:

(a)

The applicant is or will be licensed by the State of Missouri or other applicable licensing agency to operate the facility or is not required to be licensed.

(b)

The proposed occupancy of the group home complies with or will comply with the requirements of the currently adopted building, fire and safety codes of the City.

(c)

The individuals intended to reside within the group home would not constitute a direct threat to the health or safety of other individuals or would not result in substantial physical danger to the property of others.

(d)

The proposed group home is compatible with the character of the surrounding uses and the general architectural designs found in the surrounding neighborhood.

(e)

The residents of the group home will not require ongoing or daily medical or psychiatric treatment normally associated with a hospital or medical clinic.

(f)

The group home will not contain more than ten (10) residents, including resident supervisory personnel.

(g)

The structure in which the group home operates provides a reasonable allocation of square footage of habitable space consistent with the surrounding residential uses.

(h)

There is adequate on- and off-street parking to accommodate the use and needs of the group home and the number of vehicles used by its occupants.

(i)

The group home shall be eleemosynary or not-for-profit in nature.

(11)

Term Of Permit. A special use group home permit may be granted for the term of the group home's license or for such shorter period as the Board of Aldermen shall find appropriate and reasonable under the circumstances of a particular application, but in no event for a period greater than two (2) years. At the expiration of its term, a special use group home permit shall automatically renew under the same conditions, including duration, as the original approval, unless any City department or group home's licensing agency has received written complaints concerning the operation of the group home.

(12)

Prohibition Of Permit Transfer. A group home special use permit is issued to a specific operator or organization and shall not be transferable to another individual or party for the same location during the term of the permit. If any such complaint has been received, the application for renewal must be heard by the Planning and Zoning Commission and Board of Aldermen under the same requirements for a new Type B group home permit application.

(13)

Severability. If any provision of this Section should be found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the remaining portions or applications of this Section that can be given effect without the invalid portion, provided that such remaining portions or applications of this Section are not determined by the court to be inoperable. The Board of Aldermen declares that it would have adopted this Section and each Subsection, sentence, clause, phrase or portion thereof despite the fact that any one (1) or more Section, Subsection, sentence, clause, phrase or portion would be declared invalid or unconstitutional.

Section 405.090 "C" Office District Regulations.

[R.O. 2001 § 405.090; CC 1990 § 18.071; Ord. No. 96-03 § 2, 3-5-1996; Ord. No. 96-06 § 3, 6-4-1996; Ord. No. 02-03 § 3, 2-5-2002]

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.

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

Offices or office buildings.

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

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.

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.

Local public utilities, subject to the following requirements:

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.

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.

Antenna structures.

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:

Cafeteria for employees and guests only.

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

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.

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.

Solid waste management shall be in accordance with Chapter 230 of the Municipal Code, as amended.

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

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.

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.

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.

Lot Area Requirements And Development Limitations.

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.

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.

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.

No dwelling units shall be permitted in structures containing offices.

Minimum Yard Requirements.

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.

Front Yard.

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.

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.

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

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

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.

Side And Rear Yards.

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.

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

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.

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

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.

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.

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.

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 (8 1/2) feet by eighteen (18) feet.

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

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.

Supplementary Off-Street Parking And Loading Requirements. In addition to the above parking and loading requirements, the following standards shall apply:

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.

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.

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.

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.

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

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

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.

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.

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

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

Preliminary Site Development Plan Approval.

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.

Preliminary Site Development Plan Requirements.

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:

(1)

Streets, alleys and access drives;

(2)

Parking areas and loading spaces;

(3)

Lot lines;

(4)

Building lines;

(5)

The area in square feet of each structure;

(6)

Surrounding streets;

(7)

Surrounding lots;

(8)

Accessory structures;

(9)

Watercourses;

(10)

Retention and detention ponds;

(11)

Sewers;

(12)

Water mains;

(13)

Buffer areas; and

(14)

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 $1,000.00 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 thousand dollars ($1,000.00) 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.

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.

Final Site Development Plan Approval.

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:

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.

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

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.

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

All monuments and signs together with their descriptions.

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.

Profiles may be required of any streets.

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.

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

The location, size and description of all landscaped space.

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

The location and height of all proposed illumination structures.

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

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

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 two-thirds (2/3) 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.

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.

Miscellaneous Regulations.

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.

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.

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.

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.

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.

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:

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

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

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;

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;

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

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.

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.

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

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.

Litter.

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.

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

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

10.

Landscaping.

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.

All open space shall be adequately landscaped.

11.

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

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;

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

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.

Section 405.095 "PC" Planned Commercial District Regulations.

[R.O. 2001 § 405.095; Ord. No. 04-07 §§ 12, 7-13-2004; Ord. No. 07-08 §§ 13, 6-5-2007; Ord. No. 09-06 § 1, 5-5-2009; Ord. No. 10-06 § 1, 5-4-2010]

Purpose. The Planned Commercial District (the "PC" District) is intended to provide for office, medical office and professional services office buildings and developments that warrant special consideration due to their scale or potential impacts or for certain sites due to their location or environmental characteristics. The major objectives of a "PC" District are:

To promote flexibility in the design and location of structures.

To promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.

To ensure compatibility with surrounding areas.

To encourage a higher quality of landscaping and sign control.

Permitted Uses. The "PC" District shall include and allow all of those uses included in the zone "C" Office District as set forth in Article II, Section 405.090 (the "C" District) of the Code of the City of Clarkson Valley (the "Code") and also the following uses:

Office buildings used for the administrative functions of businesses, professions, companies, corporations and social, philanthropic, eleemosynary or governmental organizations or societies.

Offices for professional, medical and business use involving the sale or providing of professional services, including, but not limited to:

Lawyers, engineers, planners, architects, real estate agents, accountants, insurance agents, brokers, professional firms, finance and accounting firms, consultants and other professionals in similar or related businesses.

Physicians, businesses, persons and/or establishments engaged in furnishing medical, testing, surgical and/or other health services to persons, including, but not limited to, diagnosis, treatment and/or rehabilitation of human diseases, pain, injuries or physical or mental conditions, including, but not limited to:

(1)

Physicians engaged in the practice of general or specialized medicine, including, without limitation, internal medicine, obstetrics, gynecology, pediatrics, family medicine, orthopedics, plastic and reconstructive surgery, anesthesiology, cardiology, general surgery, ears, nose and throat, dental medicine, urology, psychiatry, neurology, dermatology, ophthalmology, therapy, rehabilitation specialists, gastrointestinal, maternal fetal medicine, pain management, pathology, radiology, dentistry, oral pathology, orthodontics, osteopathic medicine, chiropractics, optometry and/or podiatry.

(2)

Imaging [including, without limitation, computerized tomography scan (CT scan), magnetic resonance imaging (MRI), X-ray, bone density scan and/or mammography].

(3)

Laboratory and laboratory-related services (including, without limitation, medical and dental laboratories and gastrointestinal laboratories).

(4)

Diagnosis [including, without limitation stress testing, electrocardiogram (EKG), echocardiogram (Echo)].

(5)

Outpatient surgery with no stay longer than twenty-three (23) hours.

Pharmacy, provided that such use:

Shall not exceed five percent (5%) of the gross square footage of the building in which the use is located; and

Shall have no exterior signage or advertising on the building.

Treatment, rehabilitation or fitness facility, provided that the users or patrons of such facility are utilizing the facility for the treatment or rehabilitation of a disease, pain, injury and/or physical or mental condition under the care, direction or oversight of a physician or rehabilitation provider. Memberships to a fitness facility shall not be sold to the general public.

Customary ancillary/accessory uses subject to the provisions of Article II, Section 405.090(C), Accessory Land Uses and Developments, of the Code.

Educational institutions with ancillary sales, including lecture or recital halls, but having no rooms regularly used for housing and sleeping except such quarters as may be necessary for a custodian.

Conditional Uses. The following uses shall be permitted in the "PC" District only after the issuance of a special use permit pursuant to the provisions of Article IV, Sections 405.120 through 405.140 of the Code:

Urgent care clinic/facility.

Drive-through window for retail sales or sales of services.

Standards And Criteria. The following standards and criteria shall apply to all "PC" District developments:

Lot Size.

Except as specified below, there is no minimum acreage or size requirement for a tract of land in the "PC" District on which buildings and related parking areas and improvements, together with associated accessory uses and developments, are situated. However, if a tract of land situated in the "PC" District ("Tract I") is adjacent to another tract of land that:

(1)

Is located in the "PC" District; and

(2)

Contains four (4) acres or less of area, then the minimum lot size for Tract I shall be six (6) acres.

In summary, in the case of two (2) or more adjacent lots in the "PC" District, only one (1) of the lots may be four (4) acres or less and the other adjacent lot(s) in the "PC" District must be a minimum of six (6) acres.

Yards. Yards shall be as follows:

Meet the minimum requirements as contained in the "C" District;

Any building must be at least fifteen (15) feet from the property line of an adjacent tract of land situated in the "PC" District;

Any building must be at least fifteen (15) feet from the property line of an adjacent tract of land situated in the "C" District; and

Any building must be at least fifteen (15) feet from the edge of a private roadway located in the "PC" District encumbered by an easement agreement granting ingress and egress access to those public roads known as Clayton Road and Clarkson Road.

Any building used for educational purposes must be:

(1)

At least one hundred (100) feet from the property line of an adjacent tract of land situated in the "A" zoning district being used for single-family dwelling residential purposes; and

(2)

At least thirty (30) feet from the property line of an adjacent tract in the "A" zoning district being used for public or private school purposes.

Building Height. Each permitted structure shall not exceed the lesser of three (3) stories or fifty (50) feet in height, excluding basement and penthouse, but in no event shall the height of any single structure, including penthouse, exceed sixty (60) feet. The penthouse shall not occupy an area in excess of thirty percent (30%) of the total square footage at grade per structure. The penthouse shall be adequately screened.

Vision Clearance. On any corner lot no wall, fence, sign or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

Roadway, Parking And Loading Requirements.

All streets, alleys, parking areas, loading areas and access drives shall be paved with an all-weather dustless material.

The minimum parking requirements are three and nine-tenths (3.9) spaces for every one thousand (1,000) square feet of floor area in a building. A maximum of thirty percent (30%) of such parking spaces may be allocated for compact cars. 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 (8 1/2) feet by eighteen (18) feet.

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 reasonably possible to every building entrance.

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

All areas for off-street parking and loading shall be arranged so that vehicles are not required to back into any public street to gain access thereto.

No parking space, loading space or internal drive except for ingress and egress drives shall be closer than thirty (30) feet to a public street right-of-way.

All parking spaces required by this Subsection (D)(5) shall be located on the same parcel of land as the use to be served.

Minimum loading requirements are one (1) ten (10) foot by forty (40) foot loading area for each one hundred thousand (100,000) square feet or fraction thereof in a building.

The Board of Aldermen of the City of Clarkson Valley (the "Council") may allow some of the required parking to be deferred. This shall be done by noting such parking spaces on the plan as "future parking if needed."

Screening. A permanent screen consisting of landscaping material at least eight (8) feet in height shall be required where a lot in the "PC" District abuts residentially zoned land. The required screening shall have opacity of at least eighty percent (80%) year around; and the eighty percent (80%) opacity and eight (8) foot minimum height shall be achieved within four (4) full growing seasons. The required landscaping screening shall be maintained in good order and not allowed to exist in a state of disrepair or death. Failure to maintain the required landscaping screening shall be considered a violation of this Chapter. The Planning and Zoning Commission of the City of Clarkson Valley (the "Commission") may recommend and the Council may approve less stringent screening requirements if, after considering topography, surrounding uses and other relevant factors, less stringent screening requirements are deemed appropriate.

Drainage. A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.

Circulation. The traffic circulation system shall provide for the safe, convenient and efficient movement of goods and people with a minimum of conflict between various modes of travel. Provisions shall be made for pedestrian travel within the development and shall connect with existing pedestrian systems or allow for future extensions to activity centers outside the development (i.e., schools, parks, shopping areas, etc.).

Sign Regulations. The sign regulations for the "PC" District shall be the same as those certain sign regulations for the "C" District, which regulations are set forth in Article II, Section 405.090(H) of the Code. Exterior building signage advertising a fitness facility in the building for use by the general public is not permitted.

10.

Performance Standards For Noise, Odor And Smoke. Every use shall be so operated that:

No sound or noise is generated which exceeds the pressure level limitations set forth in Article II, Section 405.090(D)(1) of the Code;

No offensive or objectionable odor is emitted which exceeds the limitations set forth in Article II, Section 405.090(D)(2) of the Code; and

No smoke from any source shall be emitted which exceeds the emission level limitations set forth in Article II, Section 405.090(D)(3) of the Code.

11.

Miscellaneous Regulations.

No accessory land use or development shall be established on a property until a permitted use under Section 405.095(B) is established on such property. No accessory land use or development shall be allowed to continue after termination of all permitted uses.

Every part of a required yard in the "PC" District shall be unobstructed and open to the sky, except as follows:

(1)

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

(2)

Ordinary projections of chimneys and flues not to exceed twenty-four (24) inches in width and twenty-four (24) inches in height;

(3)

Roof overhangs not to exceed eighteen (18) inches, except roof overhangs over the main entrance of a building may project as shown on the plan;

(4)

Slab type porches or paved terraces shown on the plan; and

(5)

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

Temporary Structures, Restrictions.

(1)

Temporary structures, as specified below, to be used in connection with the development and/or sale of property may be erected or located on said property before and during the construction or development period. Temporary buildings or trailers may be used as construction offices, field offices, storage facilities for materials to be used in connection with the development of the property or other related purposes, provided that such temporary structures are removed from the property within thirty (30) days after the earlier of:

(a)

Completion of the project development,

(b)

Voluntary suspension of work on the project or development after revocation of building permits, or

(c)

On order by the Building Commissioner of the City of Clarkson Valley upon a finding by him/her that the temporary structure is deemed hazardous to the public health and welfare.

(2)

Upon request, a bond in the amount of one thousand dollars ($1,000.00) shall be posted with the City of Clarkson Valley to be used for the removal of a temporary structure remaining after the permitted time period. Such bond shall be promptly refunded by the City of Clarkson Valley if the temporary buildings are removed in compliance with this Subsection. No temporary buildings or trailers shall be located in the two-hundred-foot buffer zone as shown on the plat recorded at Book 7862, page 1163 in the office of the Recorder of Deeds in St. Louis County, Missouri, or closer than twenty-five (25) feet to a property line of any adjacent property located outside of the "PC" District. Notwithstanding any other contrary provisions of the Code, a building permit or an occupancy permit shall not be required for buildings or trailers permitted in this Subsection.

No person shall throw or deposit garbage, trash, refuse, junk, brush, inoperative machinery, discarded or unused construction materials or other waste material (collectively "litter") on any vacant or occupied property whether owned by such person or not. The owner or person in control of any private property shall at all times maintain its property free of litter.

Landscaped space shall be in accordance with the landscape plan (hereinafter defined) as approved by the Council.

The City of Clarkson Valley may employ a competent registered professional engineer to inspect construction of the site development and report to the Council and other officials of the City of Clarkson Valley concerning the construction. The developer shall pay to the City of Clarkson Valley 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 plan shall be responsible for the submission of improvement design details, specifications, staking out and supervising the installation of said improvements.

Procedure For Review And Approval Of "PC" District Zoning, The Plan, Subdivision Request, The Landscape Plan And/Or Architectural Review.

_____

To apply for a rezoning change for property (the "property") to "PC" District, an applicant shall prepare and submit a request for "PC" District zoning to the Commission for its review (the "rezoning application"). If desirable by the applicant, then at the same time the applicant submits the rezoning application, the applicant may (but is not obligated to) also submit to the Commission:

(1)

A final site development plan for the property as described in Subsection (E)(5) below (the "plan"),

(2)

An application for a subdivision of the property (the "subdivision request"),

(3)

A plan for the landscape on the property (the "landscape plan"), and/or

(4)

An application for approval for architectural review of the proposed property improvements (the "architectural review").

Collectively the plan, the subdivision request, the landscape plan and the architectural review shall be referred to herein as the "approval package."

Within sixty (60) days of the submission of the rezoning application and, if applicable, the approval package, the plan, the subdivision request, the landscape plan and/or the architectural review, the Commission shall forward a recommendation to the Council on the rezoning application and each additional submission.

The Council will conduct a public hearing as soon as possible after all public notice requirements are satisfied. The Council shall take action on the rezoning application and each additional submission and give notice to the applicant of the Council's decision within forty-five (45) days after the Commission forwards its recommendation to the Council, unless the applicant agrees to extend such forty-five-day period.

Reasonable costs associated with giving public notice hereunder, if required, shall be at the applicant's expense.

The plan shall include the following:

The name of the "PC" District.

A north arrow, scale, small location map and the size of the site to the nearest one-tenth (0.1) of an acre. The scale of the drawing shall be not less than one (1) inch equals fifty (50) feet.

The name and address of the record owners of the land.

Names of adjacent property owners of unsubdivided land and the names of adjacent subdivisions.

The location of the boundary lines of the site in relation to any section line or quarter-section line and any immediately adjacent corporate boundaries of the City of Clarkson Valley (the "City").

The existing topography of the site with contour intervals no greater than five (5) feet and the specific location of the one-hundred-year floodplain, if applicable.

The location and height of all proposed buildings. The minimum distance from proposed buildings to perimeter property lines shall be shown or stated on the plan.

The location and number of proposed parking spaces, drives, walkways and the parking ratio.

The location and width of existing street rights-of-way, alleys, roads, railroad rights-of-way and recorded easements; and the proposed location, width, name and grade for any new street.

The location and size of existing and proposed sanitary sewers, water mains, storm sewers and natural gas mains within or adjacent to the site and any proposed easements.

Signature blocks for the Council approvals on all exhibits considered part of the plan.

A stormwater management plan which shall include provisions for erosion control during construction.

The landscape plan.

The proposed location and general description of signs attached or not attached to the structures on the site.

The proposed type and location of all exterior freestanding on-site lighting. Exterior lighting that is adjacent to a property in the Zone "A" Semi-Rural District, Article II, Section 405.080 of the Code or adjacent to a public road shall contain a back-shield on such lighting fixture(s) to minimize light emanating to adjacent property owners or public traffic.

Approval by the Council of the rezoning application, the approval package, the plan, the subdivision request, the landscape plan and/or the architectural review shall constitute full and complete satisfaction by the applicant of any and all City requirements with respect to such submissions or the subject matter of such applications and/or requests. Without limiting the foregoing, it is specifically acknowledged that approval by the Council of the subdivision request shall satisfy all requirements of the City to submit a preliminary subdivision plat and/or final subdivision plat; and the City shall be obligated to provide such signatures as are required to allow such subdivision plats of the resubdivided property to be recorded by the appropriate authorities.

No building permit shall be issued until the plan has been approved by the Council.

No building permit shall be issued until the property has been platted.

No building or footing and foundation permit shall be issued until the site plan filed with the application for a building permit has been reviewed by the Building Commissioner of the City of Clarkson Valley for compliance with the approved plan.

10.

From and after five (5) years following the date of approval of a plan by the Council, the Council may, by a majority vote, withdraw approval of such plan, provided no portion of the development has commenced. Written notice of the Council's withdrawal must be forwarded to the applicant within thirty (30) days of such action by the Council, or such withdrawal shall be null and void. Notwithstanding the foregoing, if the development commences before such notice is delivered to the applicant, then the Council's withdrawal of approval shall be null and void and the applicant may proceed with the development and use of the property as approved.

11.

If the applicant proposes any material changes to the approval package, the plan, the subdivision request, the landscape plan and/or the architectural review, then such changes shall be subject to review and approval of the Commission and the Council.

12.

By requesting an amendment to the ordinance approving the "PC" District, the owners of property in "PC" District may apply for a change in the permitted uses of their property.

"PC" District Boundaries. The territory now located within the City of Clarkson Valley that shall be in zoning district Planned Commercial District is described on Exhibit "C" to this Chapter 405 and incorporated herein, which Exhibit "C" is included at the end of this Chapter 405 of the Code. Exhibit B at the end of Chapter 405 of the Code is hereby amended to delete the property shown on Exhibit "C."[1]

[1]

Editor's Note: Exhibits B and C are included as an attachment to this Chapter.

Section 405.100 Additional Height And Area Regulations.

[R.O. 2001 § 405.100; CC 1990 § 18.100; Ord. No. 88-20 § 1, 11-1-1988]

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.

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.

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.

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.

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.

An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet.