HomeMy WebLinkAbout1996-046 - Amendments to Zoning Code85955; 05/13/96
BILL NO. ~~~~-`~*. ORDINANCE NO. /~' ~~
AN ORDINANCE ESTABLISHING AMENDMENTS TO THE ZONING CODE
ADOPTED BY ORDINANCE: NUMBER 89-15.
WHEREAS, the City of Riverside, Missouri, adopted a new
Zoning Code on February 21, 1989, by Ordinance No. 89-15, and
WHEREAS, the City of Riverside wishes to enact and enforce
new amendments to the Zoning Code relating to commercial
vessels; and
WHEREAS, the Planning Commission of the City of Riverside,
Missouri, considered the proposed amendments to the Zoning Code
relating to commercial vessels, at a public Bearing conducted
after duly publishers public notice; and
WHEREAS, the Planning Commission voted to approve the
proposed amendments and made written recommendations for
approval to the Board of Aldermen; and
WHEREAS, the Board of Aldermen conducted a public hearing
on the proposed amendments after duly published notice.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. Section 7.010 of the City of Riverside Zoning
Code is hereby amended as follows:
"Commercial vessels and adjacent facilities....special Use
X"
Section 2. Section 13.010(3)(a)(1) of the City of
Riverside zoning Code is hereby repealed in its entirety.
Section 3. A new section 13.010(3)(a)(1) shall be adopted
as follows:
"(1) Names of the owners of the land, waterways or
commercial vessel included in the application."
Section 4. Section 13.010(3)(b) of the City of Riverside
zoning Code is hereby repealed in its entirety.
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Section 5. A new Section 13.010(3)(b) shall be adopted as
Follows:
"(b) The application shall be accompanied by a site
development plan and shall include a statement in
writing by the applicant and adequate evidence
showing that the proposed special use will conform to
the standards set forth in this ordinance. The site
development plan shall include such things as the
location of such land or waterway or commercial
vessel, and of any structures, installations,
equipment or change of service contemplated,
including all public ways, with access thereto."
Section 6. Section 13.010(5)(c)(3) of the City of
Riverside Zoning Code is hereby repealed in its entirety.
Section 7. Section 13.010(5)(c)(3) shall be adopted as
Follows:
"(3) If there is a violation of or non-conpliance with any
oP the stated conditions of the special use permit
during the term thereof, the same shall be subject to
revocation by resolution of the Board of Aldermen
after public hearing after notice to the then owner
and occupant of the land, structure, commercial
vessel or waterway which is the subject of the use,
and by notice to the general public."
Section 8. A new Section 13.130 shall be adopted as
follows:
"Section 13.130 ~'OMMERCIAL VESSELS AND ADJACENT
FACILITIES. (GAMBLING OR GAMING CASINOS)
(1) APPROVAL.
(Gambling or Gamin Casinos)
(a) A commercial vessel//will be permit~ed only in the
location as set forth by Section 22.020 by special
use permit of the Board of Aldermen after a review
for compliance with the Zoning Code, including the
special use permit regulations, and a recommendation
by the Planning Commission. The Board of Aldermen
shall have the discretion to approve or disapprove
the special use permit.
(b) The Board of Aldermen shall, in approving the special
use permit, condition the permit to the uses shown in
the preliminary site plan as may be modified by the
Planning Commission or Board of Aldermen.
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(c) Any deviation from the approved site plan shall be
deemed a violation of special use permit approval and
the zoning uses allowed shall automatically revert to
the zoning district classification in force and
effect prior to special permit approval. In such
event all violations of this ordinance are illegal
and shal'~_ be deemed to be non conforming uses and
shall be summarily removed and abated.
(2) Commercial vessels are allowed only in the following area
of the M-2 general industrial as set forth in 22.020 Legal
Description, and further defined as tracts 8 and 9 of Section
22.020.
(3) MINIMUM DISTANCE TO LOT LINES. No area to be used by any
commercial vessel shall be less than fifty (50) feet from any
lot line.
(4) FENCING AND SCREENING.
(a) Unless specifically waived by the Planning Commission
and the Board of Aldermen, adequate fencing and
screening is required so that no part of the
commercial vessel or its facilities are visible from
any road, street or highway.
(b) A building permit shall be required for all fencing
and screening.
(5) LANDSCAPING. P.11 areas not paved or occupied by buildings
or structures shall be sodded and/or landscaped and shall be
maintained adequately.
(6) ACCESS.
(a) Unless expressly waived by both the Planning
Commission and the Board of Aldermen, a commercial
vessel shall be accessible by four (4) lane traffic
from the Highway to the facility parking area.
(b) The right of way width of a street serving the vessel
and a~?jacent facilities shall conform to all
applicable minimum city standards and requirements
for such streets.
(7) ACCESSORY BUILDINGS. Unless expressly waived by the
Planning Commission and Board of Aldermen, no accessory
structures shall be permitted.
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(8) TRANSFER PROHIBITED. The special use permits issued
pursuant to this ordinance shall be purely a personal
privilege, and shall be valid for a period not to exceed one
(1) year after issuance unless sooner revoked by the Board of
Aldermen and may not be tr.ansf.erred to any other potential
"commercial vessel". Such special use permits cease upon the
death of the permit holder provided that the executor or
administrator of the estate of the deceased permit holder may
continue the business of the vessel under the order of an
appropriate court for not longer than six (6) months after the
death of such per^,it holder.
(9) POLICE PROTECTION. It shall be the responsibility of the
applicant to employ and maintain sufficient or approved
security on the vessel and adjacent grounds at all times. the
security force must be approved by the Director of Public
Safety.
(10) LIGHTS. Any commercial vessel docked or maintained on a
waterway within the City limits of the City of Riverside shall
have no more than the minimum number of running lights required
for licensing by the state and/or federal government, except
with the express approval of the Board of Aldermen.
(11) PARKING.
(a) Unless ex;!ressly waived by the P1«nning Commission
and Board of Aldermen, there shall be a minimum of
parking spaces based on Two Hundred percent (2000) of
the lega:~ capacity of the commercial vessel.
(b) All parking areas shall be furnished with adequate
lighting to allow the entire premises to be observed
at all hours from the City streets.
(c) Parking for all vehicles shall be covered with a
surface as defined in Section 6.060(8).
(12) OTHER REGULATIONS. The vessel must meet all federal,
state, county and lc•cal requirements for licensing, operation,
equipment, numbering and all other matters.
(13) DOCKS, BARGES AND MOORINGS.
(a) Installation, construction, repair or changing of any
dock or barge in the City of Riverside is hereby
prohibited unless a special use permit is first
obtained from the City.
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(b) Any person desiring to construct, repair or change
any dock or barge in the City of Riverside shall
first apply to the City for a special use permit to
do so and such application shall indicate the purpose
and location of the proposed work as well as the
plans and specifications therefor.
(c) The word "person" as used in this ordinance shall
include individuals, groups of individuals,
partnerships or corporations.
(d) Every dock or mooring area shall b2 :~o constructed as
to be safe to use and capable of sup~~orting the loads
to which they are subjected. They shall be
maintained in sound condition and good repair. Where
required for safety, an approved handrail shall be
installed.
(14) REPAIRS. No substantial or major mechanical work
including but not limited to engine and paining may be
performed on the vessel while docked or moored in the City of
Riverside.
(15) STORAGE OF COMBUSTIBLES. The applicant shall be required
to provide information regarding any combustibles necessary for
the operation of the vessel and meet any maintenance, storage
or cordoning requirements of the Board of Aldermen.
(16) LOUDSPEAKERS. There shall be no central loudspeaker for
any use other than emergency purposes.
(17) SOUND LEVEL. "_'here shall be no sound amplification at a
decibel level measured at the property line of the site of the
Development area which exceeds an equivalent A - weighted sound
level (Leq) or Eighty (80) db (A) from 11:00 p.m. until 7:00
a.m. Sunday through Thursday, and from 12:00 a.m. until 8:00
a.m. Friday and Saturday. This noise restriction may be waived
on occasion by the written consent of the Board of Aldermen.
(18) SIGNS.
(a) Unless specifically waived by the Planning Commission
and Board of Aldermen, no outdoo2- advertising or
billboards shall be permitted.
(b) No advertising display of nay kind other than signs
advertising the facility itself shall be permitted
and all such signs shall be in strict compliance with
the sign ordinances of the City.
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(19) UTILITIES. All utilities, including, but not limited to,
telephone, electric power, gas, and CATV cables shall be
located underground.
(20) SEWAGE.
(a) A sewage treatment plan shall be provided prior to
granting a special use permit.
(b) Said sewage treatment plan shall be approved by the
Missouri Clean Water Commission and the City.
(c) Permanent and adequate toilet facilities shall be
provided for the premises.
(21) REFUSE. A refuse disposal plan shall be provided prior to
granting a special use permit.
(22) FIRE HYDRANTS. Fire hydrants shall be provided on the
grounds at locations approved by the Director of Safety prior
to the issuance of a special use permit.
(23) AUTOMATIC F!:RE EXTINGUISHING SYSTEMS. All commercial
vessels shall be equipped with an adequate automatic fire
extinguishing system. The plan to be approved by the Board of
Aldermen and Fire Chief.
(24) PERFORMANCE BOND.
(a) Before the issuance of any special permit, the
applicant shall execute a bond sufficient, in the
opinion of the Planning Commission, to secure all
requirements of this section in accordance with the
plan specified in Section 13.130(1)(b) above and the
other requirements of this ordinance and any other
applicable ordinances of the City.
(b) Such bond shall also be approved by the Board of
Aldermen as to form, sufficiency and manner of
execution, and shall run for the same term as the
term of the special permit.
(25) CHANGE OF LOCATION. A special use permit for commercial
vessel is valid only for the location described in the
application and permit. Such location may be changed only on
the express approval of the Board of Aldermen.
(26) SUSPENSION OR REVOCATION OF PERMIT. Whenever it shall be
known by the Board of Aldermen, after an administrative
hearing, held pursuant to Missouri statutes, that any permittee
hereunder is in violation of any of the provisions of this
ordinance, the Board of Aldermen may suspend such permit for a
period not in excess of ninety (90) days or may revoke the
permit entirely, so long as the permittee is notified and an
opportunity for hearing is given to the permittee in accordance
with the administrative hearing act of the State of Missouri."
Section 8. The following new definitions shall be adopted
and inserted in alphabetical order in Section 23.020 of the
Revised Zoning Code:
"AUTOMATIC FIRE EXTINGUISHING SYSTEM: An approved system of
devices and equipment which automatically detects and
discharges an approved fire extinguish agent onto or in the
area of a fire.
CARRYING PASSENGERS FOR HIRE: The carriage of any person or
persons by a commercial vessel for a valuable consideration,
whether direct or indirect, flowing to the owner, charterer,
operator, agent or any other person interested in the vessel.
COMMERCIAL VESSEL: A craft used or capable of being used in
navigation of water which is for hire or available for hire
within the boundaries of the City.
DOCK: Any fixed or floating structure for securing vessels,
loading or unloading persons or property, or providing access
to water, and including any barge, float, or any other loading
facility.
MOORING: Any appliance used to secure a vessel other than to a
dock, which is not carried aboard such vessel as regular
equipment when underway.
WATERWAY: Any waters, lake, river, tributar}', canal, lagoon or
connecting waters within the boundaries of the City."
Section 9. Section 20.020 legal descriptions, District
5-Industrial shall be amended to add that commercial vessels
are only allowed within the following areas of the M-2 District
as follows:
TRACT 8: A tract of land in parts of fractional Sections 8 and
9, Township 50 North, Range 33 West and situated in Riverside,
Platte County, Missouri, more particular7.y described as
follows: Commencing at the Northwest corner of said fractional
Section 9; thence S OOo 02' 00" E along the l9est line of said
fractional Section 9 a distance of 1,591.58 feet to the West
Quarter corner of said fractional Section 9, said corner also
being the point of beginning; thence S 89° 20' 30" E, along
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the Quarter Section line, 1,303.50 feet to the East line of the
West half of the West half of fractional section 9; thence S
00° 02' 00" E, along said East line, 961.64 feet to the mean
vegetation line of the Missouri River as it now exists; thence
meandering along the mean vegetation line of said River, S
32° 14' 03" W a distance of 30.34 feet; thence S 60° 12'
35" W continuing along said River 800.22 feE~t; thence S 76°
04' 06" W continuing along said River 168.99 feet; thence S
67° 42' 27" W continuing along said River 196.13 feet; thence
S 40° 37' 13" W continuing along said River 64.32 feet;
thence S 56° 54' 24" K' continuing along said River 31.94
feet; thence S 67° 2II' 38" W, continuing along said River,
105.85 feet; thence S 44° 04' 48" W, continuing along the
mean vegetation line of said River, 50.17 feet; thence S 61°
40' 26" W, continuing along said River, 51.81 feet to the West
line of fractional Section 9; thence continuing along last
named course and continuing along said River, 225.74 feet to
the East right-of-way line of Missouri Highway Route 169/69 as
it now exists; thence N 16° 02' 10" W along said East
right-of-way line 825.31 feet; thence N O1° 35' S5" E
continuing along said East right-of-way line 165.05 feet;
thence N 07° 38' 34" W continuing along said East
right-of-way line 442.17 feet; thence N 18° 15' 21" W
continuing along said East right-of-way line 421.49 feet to the
North line of the Southeast Quarter of fractional Section 8,
Township 50 North, Range 33 West; thence S 89° 20' 14" E
along said North lir.~ 612.00 feet to the point of beginning and
containing 56.4657 acres more or less.
A tract of land in the West half of the West Half of
Fractional Section 9, Township 50, Range 33, Riverside, Platte
County, Missouri, being more particularly described as
follows: Commencing at the Northwest corner of said fractional
Section 9; thence S 00° 02' 00" E along the i9est line of said
fractional Section 9 a distance of 1,591.58 feet to a point on
the North line of a tract of land described in Book 786 at Page
418; thence S 89° 20' 30" E along said North line a distance
of 377.65 feet to the point of beginning of the tract of land
to be described; thence N 78° 48' 27" E a distance of 72.45
feet; thence S 11° 11' 33" E a distance of 8.00 feet; thence
N 78° 48' 27" E a distance of 113.34 feet; thence along a
curve to the left, tangent to the last described course, having
a radius of 468.(•0 feet and an arc length of 57.18 feet; thence
N 71° 48' 27" E a distance of 722.66 feet to a point on the
East line of the West half of the West half of said fractional
section 9; thence S 00° 02' 00" E along said East line
distance of 278.97 feet to a point on the North line of said
tract of land described in Book 786 at Page ~l18; thence N 89°
20' 30" W along said North line a distance of 925.85 feet to
the point of beginning. Containing 116,072 square feet or 2.66
acres more or less.
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TRACT 9: A tract of land located in fractional Section 9,
Township 50 North, Range 33 West, Riverside, Platte County,
Missouri, being more particularly described as follows:
Commencing at the Northwest corner of said fractional Section
9; thence S 00° 02' 00" E along the West line of said
fractional Section 9 a distance of 1,591.58 feet; thence S
89° 20' 30" E a distance of 1,303.50 feet; to a point on the
East line of the h'tst one-half of the West one-half of said
fractional Section 9; thence S 00° 02' 00" E along said East
line, a distance of 464.56 feet to the point of beginning of
the tract of land to be described; thence N 72° 35' 37" E a
distance of 85.03 feet; thence S 26° 46' 19" E a distance of
89.65 feet; thence N 720 35' 37" E a distance of 80.60 feet;
thence S 17° 27' 24" E a distance of 30.00 feet; thence S
72° 35' 37" W a .distance of 67.29 feet; thence S 26° 46'
19" E a distance of 210.26 feet; thence TI 85° 16' 41" E a
distance of 43.35 feet; thence S 48° 20' 49" E a distance of
90.08 feet to a point on the mean vegetation line of the
Northerly bank of the Missouri River; thence S 630 32' 09" W
meandering along sa~.d mean vegetation line a distance of 391.96
feet to a point on the East line of the West one-half of the
West one-half of fractional Section 9; thence N 00° 02' 00" W
along said East line a distance of 497.08 feet to the point of
beginning. Contains 97.762 square feet or 2.244 acres more or
less."
Section 10. The City Clerk is hereby directed to make the
appropriate changes to the Riverside Zoning Cocle of the City of
Riverside, Missouri.
Section 11. The City Clerk is hereby directed to make the
appropriate changes in the Index and Table of Contents
consistent with the above revisions.
PASSED THIS ~~1~J DAY OF MAYS fi~~ ~~
MAYOR
- LL//i//
CITY CLERK -
APPROVED THIS % ~~~ DAY
F MAY, 1996.
MA OR