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Home My WebLink About1996-154 - Amendments to Section 12.030 of the Zoning OrdinanceBILL NO. 96-~2~' ORDINANCE NO. 96- ~~~" AN ORDINANCE AMENDING SECTION 12.030 OF THE RIVERSIDE ZONING ORDINANCE REVISING THE APPROVAL PROCESS RELATING TO PERMIT PROCEDURE FOR BUILDING, CHANGE OF USE AND GRADING PERMITS WHEREAS, the Riverside Board of Aldermen ("Board") desires, upon its own motion pursuant to Section 18.010(1) of the Riverside Zoning Ordinance, to amend Section 12.030 of the Riverside Zoning Ordinance regarding the permit procedure for building, change of use or grading permits to provide that the Zoning Enforcement Person may issue a building, change of use or grading permit within an R-1 District or within an R-2, C-0, C-1, M-1 or M-2 District as long as the value is equal to or less than $50,000 and that all other permits may be issued by the Planning Commission (the "Amendment"); WHEREAS, proper notice of the public hearing on the Amendment was given; WHEREAS, the Board held a public hearing on December 17, 1996 regarding the Amendment and the Board heard and considered all protests, objections and comments submitted by any interested persons; NOW, THEREFORE, be it ordained by the Board of Aldermen of Riverside, Missouri: Section 1. Section 12.030 of the Riverside Zoning Ordinance is hereby repealed. Section 2. Anew Section 12.030 of the Riverside Zoning Ordinance is hereby enacted to read as follows: Section 12.030 PERMIT PROCEDURE FOR BUILDING CHANGE OF USE OR GRADING PERMITS. (1) An application for a permit shall be obtained from the City Clerk. (2) The completed permit application with all the necessary attachments along with the site development plan, if necessary, shall be submitted to the Zoning Enforcement Person who shall perform the following functions: (a) Examine all applications for permits along with the plans, specifications and documents filed therewith to make sure that they comply with the provisions of this ordinance. J:\61492\00007\12030.ORD (1) A Site Development Plan and the necessary accompanying documents as set forth in Chapter 14 -Site Development Plan, shall be submitted along with a building permit application. (b) At the discretion of the Zoning Enforcement Person, send a copy of the necessary plans, specifications and documents to the Director of Public Safety, Fire Marshal or City Engineer; requesting their comments and recommendations regarding the application. (c) Once the Zoning Enforcement Person has determined that all the necessary applications, plans, specifications, and any other documents have been filed in accordance with this ordinance, and has reviewed all pertinent applications for permits, plans specifications and documents, and has obtained all the necessary recommendations from the above departments, then the application form shall be in adequate order for the Zoning Enforcement Person to present to the Planning Commission as required by Section 12.030(4). (d) Upon presentation of the application and all necessary plans, specifications and documents to the Planning Commission as required by Section 12.030(4), the Zoning Enforcement Person shall state to the Planning Commission his/her factual analysis of the status of the application and whether the application, plans, specifications and documents filed comply with the present Zoning Code. Source 95-90; 11/07/95. (3) ZONING ENFORCEMENT PERSON ONLY. All R-1 building, change of use and grading permits and R-2, C-0, C-1, M-1 and M-2 building, change of use or grading permits of a value equal to or less than Fifty thousand dollars ($50,000.00) shall: (a) Upon receiving any permits to be issued within the R-1 District, OR within the R-2, C-0, C-1, M-1 and M-2 District which involve construction, erection, enlargement, alteration, repair, moving, improving, removing, converting or demolishing a building, change of use or grading for a value equal to or less than Fifty thousand dollars ($50,000.00), the Zoning Enforcement Person shall examine all applications for permits and the plans, specifications, and documents filed therewith. (b) Consideration shall be given to applications for permits which involve land within two hundred (200) feet of the district boundary borders. In evaluating these building permits, the Zoning Enforcement Person shall consider whether the proposed building will buffer the adjacent district from dust, litter, light glare, noise, odor, water runoff, undue traffic _2_ ]:\61492\00007\12030.ORD problems and safety or health hazards. In addition, the visual character shall receive critical review with emphasis on screening and landscaping. (c) The Zoning Enforcement Person shall approve or disapprove the above stated applications for a building permit within ninety (90) days from the date it is submitted to the Zoning Enforcement Person. (d) The Zoning Enforcement Person shall approve or deny permits based upon those standards set forth in Section 12.030(4)(c). (4) PLANNING COMMISSION. All other building, change of use or grading permits not covered in Section 12.030(3) above: (a) All other applications for permits in excess of Fifry Thousand Dollars ($50,000.00) within the R-2, C-0, C-1, M-1 and M-2 Districts, shall be examined by the Planning Commission along with the plans, specifications and documents taking into consideration Section 12.030(3)(b). (b) The Planning Commission shall approval or disapproval of the application within ninety (90) days. (c) The Planning Commission shall approve or deny permits based upon: (1) The specific requirements set forth within the district where the building is to be located; (2) The obtaining of all necessary permits as set forth throughout the Riverside Zoning Code; (3) Compliances with the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, and any other code hereafter adopted by the City of Riverside, Missouri; (4) Is so designed, located and proposed to be operated that the public, health, safety and welfare shall be protected; (5) Is deemed necessary for the public convenience at that location; (6) That it shall not adversely affect, or reduce property values of land and properties surrounding the same, whether or not immediately adjoining, when devoted to permitted uses; _3_ J:\6 1 4 9210000 7\12030.ORD (7) Compliance with all other existing building and zoning regulations and ordinances of the City of Riverside, Missouri. (d) Any permit not acted upon by the Planning Commission within ninety (90) days from the date it is submitted to the Planning Commission shall be deemed an approval of the application unless on or prior to the 90th day the Zoning Enforcement Officer sends notice to the applicant that no action has yet been taken on such application. A continuance of consideration of such application shall deemed an "act." Source 95-90; 11/07/95. (5) One (1) set of such approved plans and specifications shall be retained in the files of the City Clerk and the other set shall be attached to the application, together with the building permit, and shall be kept at the building site and open to inspection by the Zoning Enforcement Person or his authorized representative at all times. (6) If the application, together with plans, specifications and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Zoning Enforcement Officer shall disapprove the same and shall return the plans and specifications to the applicant. (7) Every building permit shall expire by limitation at the end of six (6) months from the date of issuance. (8) If construction is not completed within said six (6) month period, an "Application for Building Permit Extension or Renewal" shall be obtained from the City Clerk. The application plus all necessary attachments shall be returned to the Zoning Enforcement Person. The Zoning Enforcement Person may, for good cause shown, extend the permit for a period not to exceed six (6) months and any further extension shall be applied for to the Zoning Enforcement Person which upon due cause being shown may grant further extension. (9) Construction must begin within ninety (90) days after the issuance of a building permit by excavation and construction of footings and foundations or said building permit shall lapse. _4_. J:\61492\00007\ 12030.ORD Section 3. This ordinance shall take effect immediately. Passed this 17th day of December, 1996. ._ YOR ATTEST: A CITY CLERK ~ ;~/ _~ _ J. \61492\00007\ 12030.ORD