Chapter 20

PLANNING AND ZONING

CONTENTS

ARTICLE I.  PLATS ACCEPTED

§ 20-1.    Cedar Hill Subdivision.
§ 20-2.    Accepting the dedication of Eleventh Street and Oak Street in Vienna Oak Estates as city streets.
§§ 20-3 to 20-6.  Reserved.

ARTICLE II.  STREET NAMES

§ 20-7.    East-west streets.
§ 20-8.    North-south streets.
§ 20-9.    Street names.
§ 20-10.    Naming a private drive "Red Oak Lane."
§§ 20-11 to 20-13.  Reserved.

ARTICLE III.  VACATING STREETS AND ALLEYS

§ 20-14.  Authority to regulate.
§ 20-15.  Alleys in Block 7.
§ 20-16.  Alleys in Block 3.
§ 20-17.  Alleys in Block 1.
§ 20-18.  Alleys in Block 2.
§ 20-19.  Alleys in Block 5.
§ 20-20.  Portion of alley in Block 1.
§ 20-21.  Portion of alley in Block 2.
§ 20-22.  Portion of Third Street.
§ 20-23.  Portion of alleys in Blocks 6 and 7.
§ 20-24.  Portion of alley in Block 2.
§ 20-25.  Portions of alleys in Block 5 East.
§ 20-26.  Alley in Block 3 east of the Town of Vienna, Missouri which lies between Lot 3 and Lot 2, all in Block 3 East.
§ 20-27.  Alley in Block Six West of the Town of Vienna, which lies between Lot One and Lot Two, all in Block Six West.
§ 20-28.  Vacating portions of the alley in Block Five East, or South, in the Town of Vienna, Missouri.
§ 20-29.  Vacating Fourth Street as located between Lot Two of Block Nine, Lot One of Block Eight and the west right-of-way line of Pine Street or U.S. Highway 63 in the Town of Vienna, Missouri.
§ 20-30.  Vacating a portion of Ninth Street, the alleys in Block Twelve and the alley between lots Three and Four in Block Two.
§ 20-31.  Vacating the alleys in Block Thirteen (formerly Block Ten) in the Town of Vienna, Missouri.
§ 20-32.  Vacating the alley in Block Three East, Block Four West and Block Three North in the Town of Vienna, Missouri.
§ 20-32.1         Vacating the alleys in Block Twenty, New Survey, in the Town of Vienna, Missouri.
§ 20-32.2         Vacating the alleys in Block Nine East, in the Town of Vienna, Missouri.
§ 20-32.3         Vacating the East-West alley in Block Three West, in the Town of Vienna, Missouri.
§ 20-32.4         Vacating the alleys in Blocks 22 and 23, New survey, in the Town of Vienna, Missouri.
§ 20-32.5         Vacating a portion of Seventh Street, New Survey, in the Town of Vienna, Missouri.
§ 20-32.6         Vacating the East-West Alley in Block Three West, in the Town of Vienna, Missouri.
§ 20-32.7         Vacating a portion of Sixth Street located between Block 27 and Block 30, New Survey..
§ 20-32.8         Vacating all alleys in Block 18, New Survey, in the Town of Vienna, Missouri.

ARTICLE IV.  FLOOD PLAIN REGULATIONS

§ 20-33.  Definitions.
§ 20-34.  Short title.
§ 20-35.  Enforcement officer.
§ 20-36.  Acting enforcement officer.
§ 20-37.  Annual report.
§ 20-38.  Building permit required.
§ 20-39.  Building permit review.
§ 20-40.  Flood-proofing required.
§ 20-41.  Subdivision plat review.
§ 20-42.  Issuance of permits.
§ 20-43.  Permit fees.
§ 20-44.  Building inspection.
§ 20-45.  Inspection procedure.
§ 20-46.  Enforcement and penalties.
§ 20-47.  Amendments.
§§ 20-48 to 20-51.  Reserved.

ARTICLE V.  MOBILE HOME PARKS

§ 20-52.  Definitions.
§ 20-53.  Nonconforming uses.
§ 20-54.  Use of mobile homes.
§ 20-55.  Permit for use of land as mobile home community or mobile home location, hearing, and notice.
§ 20-56.  Size of mobile home communities.
§ 20-57.  Driveways and streets.
§ 20-58.  Water service.
§ 20-59.  Sewer connections.
§ 20-60.  Compliance with city ordinances.
§ 20-61.  Violations.
§§ 20-62 to 20-66.  Reserved.

ARTICLE VI.  PUBLIC LAND TRANSFER

§ 20-67.  A road easement in favor of Paul James and Pamela James.
§§ 20-68 to 20-79.  Reserved.

ARTICLE VII.  OUTDOOR ADVERTISING SIGNS

§ 20-80.  Outdoor advertising signs prohibited.
§ 20-81.  Outdoor advertising signs defined.
§ 20-82.  Penalty.
§ 20-83.  Ordinance incorporated by reference.
§§ 20-84 to 20-86.  Reserved.

Chapter 20

PLANNING AND ZONING 

ARTICLE I
PLATS ACCEPTED

Sec. 20-1.  Cedar Hill Subdivision.

      (On September 5, 1961, the board of aldermen passed a motion "To develop Cedar Hill Subdivision.")  (§2921.051, 1978 Code)

Sec. 20-2.  Accepting the dedication of Eleventh Street and Oak Street in Vienna Oak Estates as city streets.

      Those streets shown as Oak Street and Eleventh Street on the plat of Vienna Oak Estates Subdivision, a copy of which is attached hereto labeled Exhibit “A” and incorporated by reference herein be and hereby are accepted as city streets. (Ord. 120, §1)

Secs. 20-3 to 20-6.  Reserved.

ARTICLE II
STREET NAMES

Sec. 20-7.  East-west streets.

      That the streets running east and west shall be named as follows:

      First Street, Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, Seventh Street, Eighth Street, Ninth Street and Tenth Street.  (§107.011, 1978 Code)

Sec. 20-8.  North-south streets.

      That the streets running north and south shall be named as follows:

      Chestnut Street, Olive Street, Mill Street, Main Street, Elm Street and U.S. Highway 63.  (§107.021, 1978 Code)

Sec. 20-9.  Street names.

      The following described streets located within the Town of Vienna shall be and bear the names set forth after the description of the street as follows:

      (a) Old Highway V in an East-West direction from new Highway V to Pine Street or U. S. Highway 63 shall be named West First Street.

      (b) The street extending in a North-South direction from Fifth Street or West Highway 42 to Ball Park Road shall be named Parkway Road.

      (c) The street on the South side of town, in an East-West direction extending from Highway 63 to Lovers Lane shall be named Independence Lane.

      (d) The street in a North-South direction extending North from the existing Tenth Street (after the curve to the left) shall be named Oak Street.

      (e) The first street in an East-West direction extending to the east off of the newly named Oak Street shall be named Eleventh Street.

      (f)  The street formerly known as Elm Street shall be named Coffey Street.  (Ord. 71, §1)

Sec. 20-10. Naming a private drive "Red Oak Lane."

      (a) That a private drive owned by Johnny Hayes, Trustee Under Trust Agreement of Johnny Hayes dated June 30, 1992, has no designated name for 911 identification purposes and the Board of Alderman does hereby designate the name of "Red Oak Lane" for said private drive for 911 identification purposes.

      (b) That the said private drive is not accepted as a public road but shall be and remain a private drive; that said private drive is located in the Southwest Quarter of the Southwest Quarter of Section 20, Township 40 North, Range 9 West of the 5th P.M. where it intersects with Parkway Road on the East side of said Parkway Road and extends in a Easterly direction; and that the South line of said private drive is located approximately 425 feet North of the South line of the Southwest Quarter of the Southwest Quarter of Section 20, Township 40 North, Range 9 West. (Ord. 147; Ord. 151)

Secs. 20-11 to 20-13.  Reserved.

ARTICLE III
VACATING STREETS AND ALLEYS

Sec. 20-14.  Authority to regulate.

      (See Section 16-1 and 16-2)  (§2931.003, 1978 Code)

Sec. 20-15.  Alleys in Block 7.

      (On March 6, 1962, the board of aldermen adopted an order vacating the alleys in Block 7 of the original Town of Vienna).  (§2931.051, 1978 Code)

Sec. 20-16.  Alleys in Block 3.

      (On May 7, 1963, the board of aldermen adopted an order vacating the alleys in Block 3 of the Original Town of Vienna).  (§2931.052, 1978 Code)

Sec. 20-17.  Alleys in Block 1.

      (On September 10, 1968, the board of aldermen adopted a Motion vacating the alleys in Block 1 of the Original Town of Vienna).  (§2931.053, 1978 Code)

Sec. 20-18.  Alleys in Block 2.

      That all alleys in Block 2 of the Original Town of Vienna as per plat thereof recorded in the Office of the Recorder of Deeds in Maries County, Missouri be vacated.  (§2931.054, 1978 Code)

Sec. 20-19.  Alleys in Block 5.

      That all alleys in Block 5 of the Original Town of Vienna as per plat thereof recorded in the Office of the Recorder of Deeds in Maries County, Missouri, be vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utilities companies perpetual easements under, across and above said alleyways for the purpose of using, operating, inspecting, repairing, maintaining, replacing and removing sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 3, §1)

Sec. 20-20.  Portion of alley in Block 1.

      That the portion of the alley running east and west in Block 1 of the Original Town of Vienna as per plat thereof recorded in the Office of the Recorder of Deeds of Maries County, Missouri, that lies north of Lot 4 in Block 1 and south of Lot 5 in Block 1 be vacated, reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies perpetual easements under, across and above the vacated portion of said alley for the purpose of using, operating, inspecting, repairing, maintaining, replacing and removing sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 17, §1)

Sec. 20-21.  Portion of alley in Block 2.

      That the alley running north and south in Block 2 of the Original Town of Vienna as per plat thereof recorded in the Office of the Recorder of Deeds of Maries County, Missouri, lying east of Lot 1 in said block and west of Lot 2 in said Block be vacated, reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies perpetual easements under, across and above the vacated portion of said alley for the purpose of using, operating, inspecting, repairing, maintaining, replacing and removing sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 18, §1)

Sec. 20-22.  Portion of Third Street.

      That the portion of Third Street shown on the plat of the Town of Vienna, Missouri, located north of Lot 1, Block 7 West, and south of Lot 2, Block 8 West and the alley shown on the plat of the Town of Vienna, Missouri, located south of Lot 1, Block 7 West and north of Lot 2, Block 7 West, all of said lots and blocks being shown on the plat of the Original Town of Vienna, Missouri, recorded in the Office of the Recorder of Deeds of Maries County, Missouri, be vacated, reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies perpetual easements under, across and above the vacated portions of said street and alley for the purpose of using, operating, inspecting, repairing, maintaining, replacing and removing sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guywires.  (Ord. 25, §1)

Sec. 20-23.  Portion of alleys in Blocks 6 and 7.

      The portion of the alleys shown on the new survey of the Town of Vienna, Missouri, as shown by plat of record in the Office of the Recorder of Deeds for Maries County, Missouri, located between Lots 1 and 2 in Block 7, Lots 2 and 3 in Block 6, Lots 1 and 4 in Block 6, and Lots 1 and 2 in Block 6, and all of the alley located between Lots 3 and 4 in Block 6 except the South 120 feet thereof shall be vacated, reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies perpetual easements under, across and above the vacated portions of said alleys for the purpose of using, operating, inspecting, repairing, maintaining, replacing, and removing sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guywires.  (Ord. 26, §1)

Sec. 20-24.  Portion of alley in Block 2.

      That the alley running east and west lying south of Lot 1 and north of Lot 4 in Block 2 East of the Original Town of Vienna as per the plat thereof recorded in the Office of the Recorder of Deeds of Maries County, Missouri, serves no useful purpose and that it is necessary and expedient to vacate said portion of said alley and said portion of said alley is herewith vacated.  (Ord. 32, §1)

Sec. 20-25.  Portions of alleys in Block 5 East.

      (a) The portions of the alleys located in Block Five East, or South, in the Town of Vienna, Missouri, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, and more particularly described as follows:

All of the East-West alley in Block Five in the Town of Vienna lying South of Lots One and Two and North of Lots Three and Four in said Block Five and the South 97 feet of the North-South alley lying East of Lots One and Four and West of Lots Two and Three in said Block Five.

serve no useful purpose and it is necessary and expedient to vacate said portions of said alleys.

      (b) Said portions of said alleys above described are vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, easements, under, across, and above the vacated portions of said alleys which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 33, §§1 &2)

Sec. 20-26.  Vacating an alley in Block 3 East of the Town of Vienna, Missouri, which lies between Lot 3 and Lot 2, all in Block 3 East.

      That the south five feet of the alley located between Lot 3 and Lot 2, all in Block 3 East, of the Town of Vienna as per plat thereof recorded in the Office of the Recorder of Deeds of Maries County, Missouri, be and hereby is vacated.  (Ord. 39, §1)

Sec. 20-27.  Vacating an alley in Block Six West of the Town of Vienna, which lies between Lot One and Lot Two, all in Block Six West.

      That the ten foot alley located between Lot One and Lot Two, all in Block Six West of the Town of Vienna, as per plat thereof, recorded in the Office of the Recorder of Deeds of Maries County, Missouri, be and hereby is vacated.  (Ord. 46, §1)

Sec. 20-28.  Vacating portions of the alley in Block Five East, or South, in the Town of Vienna, Missouri.

      (a) The portions of the alley located in Block Five East, or South, in the Town of Vienna, Missouri, as shown by the plat of record in the office of the recorder of deeds of Maries County, Missouri, and more particularly described as follows:

All ten (10) feet of the North-South alley lying East of Lot 1 and West of Lot 2 in said Block 5
serves no useful purpose and it is necessary and expedient to vacate said portions of said alley.

      (b) Said portions of said alley above described are vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, easements, under, across, and above the vacated portions of said alley which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.

      (c) This ordinance shall be in full force and effect from and after the date of passage.  (Ord. 48, §§1-3)

Sec. 20-29.  Vacating Fourth Street as located between Lot Two of Block Nine, Lot One of Block Eight and the west right-of-way line of Pine Street or U.S. Highway 63 in the Town of Vienna, Missouri.

      (a) The portions of the street known as Fourth Street located south of Lot Two in Block Nine, west of the west right-of-way line of Pine Street or U.S. Highway 63 and north of Lot One in Block Eight in the Town of Vienna, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, serves no useful purpose and it is necessary and expedient to vacate the said street.

      (b) That the said street above described is vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchise utility companies, easements under, across and above the vacated portion of said street which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guywires.  (Ord. 55, §§ 1 & 2)

Sec. 20-30.  Vacating a portion of Ninth Street, the alleys in Block Twelve and the alley between Lots Three and Four in Block Two.

      (a) The portions of the street known as Ninth Street located between Block Two and Block Thirteen and the east ninety feet of Ninth Street located between Block Three and Block Twelve, all of the alleys in Block Twelve and the alley between Lot Three and Lot Four in Block Two, all in the Town of Vienna, Missouri, as shown by the plat of record in the Office of the Recorder of Deeds of Maries county, Missouri, serve no useful purpose and it is necessary and expedient to vacate said street and alleyways.

      (b) That the said streets and alleyways above described are vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchise utility companies, all easements under, across and above the vacated portion of said streets and alleyways which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 60, §§1-2)

Sec. 20-31.  Vacating the alleys in Block Thirteen (formerly Block Ten) in the Town of Vienna, Missouri.

      (a) All of the alleys in Block Thirteen (formerly Block Ten) in the Town of Vienna, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, serve no useful purpose and it is necessary and expedient to vacate said alleyways.

      (b) That the said alleyways above described are vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said alleyways which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 62, §§1 & 2.)

Sec. 20-32   Vacating the alleys in Block Three East, Block Four West and Block Three North in the Town of Vienna, Missouri.

      (a) That the following described alleys, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, for the Town of Vienna, serve no useful purpose and it is necessary and expedient to vacate said alleyways:

(1) The East-West alley from Mill Street to South Main Street in Block Three East between Lots Five and Six.

(2) All alleys in Block Four West.

(3) The East-West alley from Olive Street to Mill Street in Block Three North, between Lots One and Four.

(4) The North-South alley from Tenth Street to Ninth Street in Block Three North, between Lots One and Two.

      (b) That the said alleyways above described are vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said alleyways which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 72, §§1-2; Ord. 73, §1)

Sec. 20-32.1  Vacating the alleys in Block Twenty, New Survey, in the Town of Vienna, Missouri.

      (a) That the following described alleys, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, for the Town of Vienna, serve no useful purpose and it is necessary and expedient to vacate said alleyways:

            (1)    All alleys in Block 20, New Survey. 

      (b) That the said alleyways above described are vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said alleyways which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 74, §§1-2)

Sec. 20-32.2  Vacating the alleys in Block Nine East, in the Town of Vienna, Missouri.

      (a) All the alleys in Block Nine East, in the Town of Vienna, Missouri, as shown by the plat of record in the office of the recorder of deeds of Maries County, Missouri, serve no useful purpose and is necessary and expedient to vacate said alleyways.

      (b) That the said alleyways above described are vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said alleyways which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 76, §§1-2; Ord. 77, §1)

Sec. 20-32.3  Vacating the East-West alley in Block Three West, in the Town of Vienna, Missouri.

      (a) All the East-West alley in Block Three West, located between Lot 1 and Lot 6 of said Block, in the Town of Vienna, Missouri, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, serves no useful purpose and is necessary and expedient to vacate said alleyway.

      (b) That the said alleyway above described is vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said alleyways which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 106, §§1-2)

Sec. 20-32.4  Vacating the alleys in Blocks 22 and 23, New Survey, in the Town of Vienna, Missouri.

      (a) All the alleys in Blocks 22 and 23, New Survey, in the Town of Vienna, Missouri, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, serves no useful purpose and is necessary and expedient to vacate said alleyways.

      (b) That the said alleyways above described are vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said alleyways which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 136, §§1-2)

Sec. 20-32.5  Vacating a portion of Seventh Street, New Survey, in the Town of Vienna, Missouri.

      (a) The unimproved south thirty (30) feet portion of the street known as Seventh Street, located between Blocks 21 and 22, and the unimproved north thirty (30) feet located between Blocks 20 and 23, New Survey, in the Town of Vienna, Missouri, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, serves no useful purpose and is necessary and expedient to vacate said street.

      (b) That the said street above described is vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said street which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires.  (Ord. 139, §§1-2)

Sec. 20-32.6 Vacating the East-West Alley in Block Three West, in the Town of Vienna, Missouri.

      (a) The entire East-West alley in Block Three West, located between Lot 3 and Lot 4 of said Block, in the Town of Vienna, Missouri, as shown by the plat of record in the Office of the Recorder of Deeds of Maries County, Missouri, serves no useful purpose and is necessary and expedient to vacate said alleyway.

      (b) That the said alleyway above described is vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said alleyways which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires. (Ord. 146, §§1-2)

Sec. 20-32.7 Vacating a portion of Sixth Street located between Block 27 and Block 30, New Survey.

      (a) The unimproved South 38 feet of the Street known as Sixth Street located between Block 27 and Block 30, New Survey, in the Town of Vienna, Missouri, as shown by the plat of record in the office of the Recorder of Deeds of Maries County, Missouri, serves no useful purpose and it is necessary and expedient to vacate the portion of said street more particularly described as follows:

      A part of Sixth Street running East and West between Block 27 and Block 30, New Survey, in the Town of Vienna, Missouri, as per plat of record described as follows:

      Starting at the Northwest corner of said Block 30 on the South side of Sixth Street, the point of beginning: Thence North 1 ° 14’ 45” East, 38.0 along the East line of Olive Street to a rerod; thence South 89° 22’ East, 170.0 feet to a rerod set on the West line of Chestnut Street; thence along said West line South 1° 14’ 45” West, 38.0 feet to the Northeast corner of said Block 30; thence North 89° 22’ West, 170.0 feet along the South side of Sixth Street and the North line of said Block 30 to the point of beginning.

      (b) That the above described portion of said street is vacated reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said street which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electric lines, telephone lines, cable/television lines, utility poles, guy wires and other utility easements. (Ord. 163, §§1-2)

Sec. 20-32.8    Vacating all alleys in Block 18, New Survey, in the Town of Vienna, Missouri.

      Now, therefore, be it ordained by the Board of Alderman of the City of Vienna, Missouri, as follows:

(a) Any and all alleys in Block 18, New Survey, in the Town of Vienna, serve no useful purpose and it is necessary and expedient to vacate said alleys.

(b) That the said alleys in Block 18, New Survey, in the Town of Vienna, Missouri, be and hereby are vacated, reserving, however, unto the City of Vienna, Missouri, and unto its franchised utility companies, all easements under, across and above the vacated portion of said streets which are presently being used for sanitary sewer lines, storm sewer lines, water lines, electrical lines, telephone lines, cable television lines, utility poles and guy wires. (Ord. 170, §§1-2)

ARTICLE IV
FLOOD PLAIN REGULATIONS

Sec. 20-33.  Definitions.

      When used in this Article, the following words are defined as follows:

      Building inspector - The city building inspector.

      City - The City of Vienna, Missouri.

      City council - The chief legislative body of the city.

      Mayor - The chief executive officer of the city.

      Official Flood Hazard Map - The map of the special flood hazard areas within the city as indicated on the Flood Hazard Boundary Maps prepared by the US Department of Housing and Urban Development - Federal Insurance Administration, and supplementary flood profiles, flood insurance rate studies, and similar material pertaining to this map.  A copy of this information is on file at the city hall.  (§3503.001, 1978 Code)

Sec. 20-34.  Short title.

      This Article shall be known as, and may be cited as the "Building Permit Ordinance" of the City of Vienna, Missouri.  (§3503.003, 1978 Code)

Sec. 20-35.  Enforcement officer.

      The building inspector is hereby authorized and directed to enforce all the provisions of this Article and all other ordinances of the city now in force or hereafter adopted, relating to zoning, subdivision regulations or building codes.  (§3503.005, 1978 Code)

Sec. 20-36.  Acting enforcement officer.

      During temporary absence or disability of the building inspector, the city council shall designate an acting building inspector.  (§3503.007, 1978 Code)

Sec. 20-37.  Annual report.

      The building inspector shall submit a report to the city council not less than once a year covering the work of his office during the preceding year.  The building inspector shall keep a permanent accurate account of all fees and other monies collected and received, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate.  (§3503.009, 1978 Code)

Sec. 20-38.  Building permit required.

      (a) Permits required - No person, firm or corporation shall erect, construct, enlarge, or improve any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the building inspector.

      (b) Application - To obtain a permit the applicant shall first file an application therefore in writing on a form furnished for that purpose.  Every such application shall:

(1) Identify and describe the work to be covered by the permit for which application is made;

(2) Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

(3) Indicate the use or occupancy for which the proposed work is intended;

(4) Be accompanied by plans and specifications as required in Subsection (c) of this Section;

(5) State the valuation of the proposed work;

(6) Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;

(7) Give such other information as reasonably may be required by the building inspector.

      (c) Information on plans and specifications - Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and content of the work proposed and show in detail that it will conform to the provisions of this Article and all relevant laws, ordinances, rules, and regulations.  The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them.  Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property.  If the proposed construction site is located in a special flood hazard area as indicated on the Official Flood Hazard Map, the proposed plan shall show the boundaries of the flood hazard area by shading or other easily recognizable method.  In lieu of detailed specifications, the building inspector may approve references on the plans to a specific section or part of this Article or other ordinances or laws.  (§3503.011, 1978 Code)

Sec. 20-39.  Building permit review.

      The building inspector when reviewing applications for building permits, including the plans and specifications for the proposed construction, shall review all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage.  The building inspector shall also determine if the site of the proposed construction is reasonably safe from flooding and the building inspector shall make recommendations for construction in all locations which have flood hazards.  (§3503.013, 1978 Code)

Sec. 20-40.  Flood-proofing required.

      The building inspector in reviewing all applications for construction in special flood hazard areas as identified on the Official Flood Hazard Map, shall require that any such proposed construction must:

      (a) Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding.

      (b) Use of construction materials and utility equipment that are resistant to flood damage.

      (c) Use of construction methods and practices that will minimize flood damage.

      (d) Provide adequate drainage in order to reduce exposure to flood hazards.

      (e) Locate public utilities and facilities on the site in such a manner as to be elevated and constructed to minimize or eliminate flood damage, such utilities and facilities including sewer, gas, electrical and water systems.  (§3503.015, 1978 Code)

Sec. 20-41.  Subdivision plat review.

      The governing body of the city, in reviewing all subdivision applications, shall make findings of fact and determine if:

      (a) All such proposed developments are consistent with the need to minimize flood damage.

      (b) Adequate drainage is provided so as to reduce exposure to flood hazards.

      (c) Adequate drainage is provided so as not to increase the exposure to flood hazards of adjacent lands.

      (d) All public utilities and facilities are located, and constructed so as to minimize or eliminate flood damage, these utilities and facilities to include sewer, gas, electrical and water systems.

      (e) That the building inspector shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges for the systems into flood waters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.  (§3503.017, 1978 Code)

Sec. 20-42.  Issuance of permits.

      (a) Issuance - The application, plans and specifications filed by an applicant for a permit shall be checked by the building inspector.  Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction.  If the building inspector is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this Article and other pertinent laws and ordinances, and that the fee specified herein has been paid, he shall issue a permit therefore to the applicant.

      (b) Retention of plans - One set of approved, specifications, and computations shall be retained by the building inspector for a period of not less than 90 days from date of completion of the work covered therein.

      (c) Expiration - Every permit issued by the building inspector under the provisions of this Article shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 120 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days.  Before such work can be recommended a new permit shall be first obtained to do so, and no fee therefore shall be required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided, further, that such suspension or abandonment has not exceeded one year.

      (d) Suspension or revocation - The building inspector may, in writing, suspend or revoke a permit issued under provisions of this Article whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Article.  (§3503.019, 1978 Code)

Sec. 20-43.  Permit fees.

      A fee in the amount of $10.00 for each building permit shall be paid to the building inspector at the time the application for building permit is submitted to the building inspector.  (§3503.021, 1978 Code)

Sec. 20-44.  Building inspection.

      All construction or work for which a building permit is required shall be subject to inspection by the building inspector.  A survey of the lot may be required by the building inspector to verify compliance of the structure with approved plans.  No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the building inspector, which approval shall be given only after an inspection has been made of each successive step in the construction as indicated by each of the inspections required in Section 20-43 of this Article.  (§3503.023, 1978 Code)

Sec. 20-45.  Inspection procedure.

      Reinforcing or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the building inspector.  The building inspector, upon notification from the permit holder or his agent, shall make the following inspections and shall notify the permit holder or his agent wherein the same fails to comply with this Article.

      (a) Foundation inspection - To be made after trenches are excavated and forms erected and when all materials for the foundations are delivered on the job.  Where concrete from a central mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job.

      (b) Frame inspection - To be made after the roof, all framing, fire-blocking, and bracing are in place and all pipes, chimneys, and vents are complete.

      (c) Lath and/or wallboard inspections - To be made after all lathing and/or wallboard, interior and exterior, is in place; but before any plastering is applied or before wallboard joints and fasteners are taped and finished.

      (d) Final inspection - To be made after building is completed and ready for occupancy.  (§3503.025, 1978 Code)

Sec. 20-46.  Enforcement and penalties.

      Every structure, building, fill or development placed or maintained within any flood plain in violation of this Section is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the city.  Any person who places or maintains any structure, building, fill or development within any flood plain in violation of this Section may be fined not more than $100 for each offense.  Each day during which such violation exists is a separate offense.  (§3503.027, 1978 Code)

Sec. 20-47.  Amendments.

      The city council may from time to time, alter, supplement, or change the district boundaries and the provisions contained in this Section in the manner provided by law.  (§3503.029, 1978 Code)

Secs. 20-48 to 20-51.  Reserved.

ARTICLE V
MOBILE HOME PARKS

Sec. 20-52.  Definitions.

      Mobile home - Any structure affording shelter, used or capable of being used for human habitation, living, etc., as a family dwelling which may be comprised of one or more units, which has been designed and manufactured for transportation on its own wheels and arrives at the site ready for occupancy as a dwelling.  The term also shall mean the same as a trailer which is equipped for wheels as used by persons on route from one locality to another.

      Mobile home community - Any lot, area, piece, parcel or plot of land, park or other site where more than one mobile homes are placed, located or maintained, whether for or without compensation.

      Unit of land - A section of ground in a mobile home community of not less than four thousand (4,000) square feet, designated as a location for only two automobiles is and one mobile home and not used for any other purpose whatsoever.  (Ord. 35, §1)

Sec. 20-53.  Nonconforming uses.

      (a) Mobile homes presently in existence - All presently existing mobile homes have the right to continue at their present location even though they are outside an area designated by the board of aldermen as a mobile home community or as a mobile home location.

      (b) Abandonment of mobile home location in a nondesignated area - Once a mobile home is removed from an area not designated as a mobile home community or as a mobile home location another mobile home may not be placed on that site unless done so within fifteen (15) days of the original removal and then only if the mobile home is occupied or lived in by the owner of the mobile home which was originally removed.  This provision shall be applicable to all mobile homes which were not located in properly designated mobile home communities or locations on or before the passage of this Article.   (Ord. 35, §2)

Sec. 20-54.  Use of mobile homes.

      Mobile homes may be used as a permanent place of abode or as a permanent dwelling or for indefinite periods of time and be permitted as a substitute for permanent buildings erected for residential purposes if such mobile homes are in compliance with all the provisions of this Article.  (Ord. 35, §3)

Sec. 20-55.  Permit for use of land as mobile home community or mobile home location, hearing, and notice.

      (a) It shall be unlawful for any person to establish, place, maintain, operate, permit or locate any mobile home or mobile home community on any premises within the city without first securing a permit from the board of aldermen.

      (b) Any person desiring to establish and thereafter maintain a mobile home community on any premises in the city shall file a written application with the board of aldermen.  If such application is made by a person other than the owner of the premises in fee, it shall be accompanied by a duly verified affidavit of the owner in fee that the applicant is authorized to make such application.

      (c) Any person desiring to place a single mobile home on any lot or premises within the city shall file a written application with the board of aldermen.  If such application is made by a person other than the owner of the premises in fee, it shall be accompanied by a duly verified affidavit of the owner in fee that the applicant is authorized to make the application.

      (d) Every such application shall state the name and address of the owner of the premises in fee and shall include a legal description of the premises on which the proposed mobile home community or single mobile home is to be located.

      (e) Every such application for a mobile home community shall describe the general size and scope of the community which the applicant desires to establish.

      (f)  No permit for a mobile home community or single mobile home shall be issued until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.  At least fifteen days' notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the city.  The notice shall set forth the purpose of the public hearing and the date, place and time of the hearing.  The notice will be published once a week for two consecutive weeks with the last publication being at least seven days prior to the hearing.

      (g) Each application for such a permit shall be accompanied with a deposit of money sufficient to pay the estimated cost of the newspaper publication.  Any excess deposit will be refunded to the applicant.  (Ord. 35, §4)

Sec. 20-56.  Size of mobile home communities.

      Every mobile home community shall have an area of at least 32,000 square feet to permit accommodation for not less than eight mobile homes on units of land each unit having an area of not less than 4,000 square feet.  The width of each unit shall not be less than forty feet.  Each mobile home community shall abut a public street.  Each unit of land shall be defined on the ground by markers at each corner.  (Ord. 35, §5)

Sec. 20-57.  Driveways and streets.

      Streets and driveways within the mobile home community shall be at least sixty feet in width, shall abut each unit within the mobile home community, shall have hard and dustless surfaces and shall be illuminated by street lighting at night.  (Ord. 35, §6)

Sec. 20-58.  Water service.

      Every unit within the mobile home community shall have access to city water services and such services shall be constructed in accordance with the ordinances of the city.  (Ord. 35, §7)

Sec. 20-59.  Sewer connections.

      Each unit in a mobile home community shall have access to the city sanitary sewer service and shall be connected to such service in accordance with the ordinances of the city.  (Ord. 35, §8)

Sec. 20-60.  Compliance with city ordinances.

      All mobile home communities and all single unit mobile homes shall comply in all respects with all ordinances of the city.  Failure to comply with such ordinances after being given written notice of noncompliance and a reasonable period of time to cure the noncompliance will authorize the city to terminate the permit for the occupancy of the mobile home or mobile home not in compliance with such ordinances.  (Ord. 35, §9)

Sec. 20-61.  Violations.

      Every person convicted of a violation of this Article may be sentenced to pay a fine which does not exceed fifty dollars ($50.00) for each day's failure to comply with this Article.  (Ord. 35, §10)

Secs. 20-62 to 20-66.  Reserved.

ARTICLE VI
PUBLIC LAND TRANSFER

Sec. 20-67.  A road easement in favor of Paul James and Pamela James.

      WHEREAS, Paul James and Pamela James are the owners of a certain tract of real property situated in the Southwest Quarter of the Northwest Quarter of Section 20, Township 40 North, Range 9 West in Maries County, Missouri; and 

      WHEREAS, the property of the James' adjoins property owned by the City of Vienna and there is no public road adjacent to nor adjoining the property of the James'; and

      WHEREAS, the City of Vienna and the James' have previously agreed upon the use of a certain roadway to provide the James access to their property; and

      WHEREAS, the James' now require a specific written enforceable right‑of‑way easement for their property and the city of Vienna is willing to provide the same.

      NOW, THEREFORE, BE IT ORDAINED by the Board of Alderman of the City of Vienna, Missouri, as follows

      (a)    The Mayor of the City of Vienna is authorized to execute and sign, on behalf of the City of Vienna an easement in the form set forth in Exhibit "A", attached hereto and incorporated by reference herein

      (b)    This ordinance shall be in full force and effect from and after the date of passage

      READ TWO TIMES AND PASSED BY THE BOARD OF ALDERMAN OF THE CITY OF VIENNA, MISSOURI, THIS 7TH DAY OF MAY, 2001.  (Ord. 97, §§1 & 2)

Secs. 20-68 to 20-79.  Reserved.

ARTICLE VII
OUTDOOR ADVERTISING SIGNS

Sec. 20-80. Outdoor advertising signs prohibited.

      Outdoor advertising signs, as defined in Section 20-81 of this Article are prohibited. This prohibition is in the interest of minimizing visual distractions on the roadways of the City of Vienna that may pose traffic safety hazards and also in the interest of preserving the aesthetic appeal of the City. Notwithstanding this prohibition, any outdoor advertising signs lawfully constructed, possessing a state permit, and maintained under the provisions of Sections 226.500 through 226.585 of the Revised Statutes of Missouri prior to the date of the enactment of this provision shall not constitute a violation of this section. (Ord. 165, §1)

Sec. 20-81. Outdoor advertising signs defined.

      Outdoor advertising signs consist of any of the following:

      (a) A sign including the type commonly known as a billboard which directs attention to a business, commodity, service, entertainment or attraction conducted, sold, offered or existing which is elsewhere than the same plot or tract of where such sign is displayed or is not for the principal use of such plot or tract.

      (b) Any sign which falls within the provisions of Section 226.500 through Section 226.585 of the Revised Statutes of Missouri.

      (c) Specifically exempted from the provisions of this Article are temporary, non-permanent signs with less than fifty (50) square feet in size and which are used to advertise activities by not-for-profit organizations or entities, governmental activities, activities conducted in a building principally used as a residence and transient or temporary activities if otherwise regulated by other ordinances of the City of Vienna.

      (d) Any outdoor advertising sign erected from and after the effective date of this Article shall be an unlawful sign. The City shall give notice either by certified mail or by personal service to the owner or occupant of the land on which advertising believed to be unlawful is located and the owner of the outdoor advertising structure. Within sixty (60) days after receipt of the notice to such individuals or entities, they shall remove the sign. If the notice provided herein is given and the sign is not neither removed within the time specified nor an action for review is filed, or if an action for review is filed and finally adjudicated in favor of the City, the City shall have the authority to immediately remove the unlawful outdoor advertising sign. The owner or occupant of land owner which the advertisement is located and the owner of the outdoor advertising structure shall be liable for the cost of such removal. The City shall incur no liability for causing this removal except for damage caused by the negligence of the City, its agents and employees. (Ord. 165, §1)

Sec. 20-82. Penalty.

      In addition to the foregoing, any person or entity in violation of the provisions of this Article shall be subject to any penalty imposed under the provisions of Section 14-0 of the Ordinances of the City of Vienna, each calendar day constituting a separate violation. (Ord. 165, §1)

Sec. 20-83. Ordinances incorporated by reference.

      To the extent that the same are not inconsistent with any of the provisions contained therein, the definitions and provisions of Section 226.500 through 226.585 of the Revised Statutes of Missouri are hereby incorporated by reference in this Article. (Ord. 165, §1)

Secs. 20-84 to 20-86. Reserved.