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HomeMy WebLinkAbout1996-157 - Amendments to Chapter 18 of the Zoning OrdinanceBILL NO. 96- ~ -' i ORDINANCE NO. 96- ~~~ AN ORDINANCE AMENDING CHAPTER 18 OF THE RIVERSIDE ZONING ORDINANCE DEFINING THE PROCEDURE FOR AMENDING THE RIVERSIDE ZONING ORDINANCE 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 Chapter 18 of the Riverside Zoning Ordinance regarding procedure for amending the Riverside Zoning Ordinance to to add a section requiring the applicant for amendment to provide the mailing of notice to applicable property owners (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. Chapter 18 of the Riverside Zoning Ordinance is hereby repealed. Section 2. Anew Chapter 18 of the Riverside Zoning Ordinance is hereby enacted to read as follows: CHAPTER 18 -AMENDMENTS Section 18.010 GENERAL AUTHORITY (1) The Mayor and Board of Aldermen may, from time to time, on its own motion (after due public notice and hearing by the Board of Aldermen), or on a written application by an interested person or organization, or the City (after due public notice and hearings as described below) amend, change, modify, or repeal regulations and restrictions as established herein, and -nay change, restrict or extend the boundaries of the various districts established herein, including the Zoning Map, and accompanying height, yard and area exceptions and permitted use tables. (2) Provided that all amendatory orders, which shall be incorporated into the code along with the number of the ordinance and the date of the amendment approval, adopted under the authority of this section, due allowance shall be made for: (a) Existing conditions, and 1:A61492V00007VCHPTI8.ORD (b) The conservation of property values, and (c) The direction of building development to the best advantage of the entire City, and (d) The uses to which property is devoted at the time of the adoption of such amendatory ordinance. Section 18.015 PUBLICATION OF NOTICE OF HEARINGS. Public notice of any hearings as required by state law or this chapter shall be deemed to have been given when a notice setting forth the general purpose of any such hearing and the time and place thereof shall have been published at least one time in a newspaper of general circulation in the city, at least IS days before the date set for such hearing. Public notice of one or more hearings may be included within the same notice. Such other notice may be given as the Planning Commission, Board of Aldermen or the Board of Zoning Adjustment shall order. Section 18.025 MAILING OF NOTICE OF HEARINGS. Except for text amendments, any hearing which requires public notice by Section 18.010 shall also require mailing of notice by United States mail, first class, to any property owner within the subject site or within 185 feet of the subject site by the applicant. The notice shall be mailed not less than 13 days before the date set for such hearing. The notice shall set forth the general purpose of the hearing and the time and place thereof. The names of property owners shall be determined as the owners of record according to the records of the County Assessor. For all hearings before the Board of Zoning Adjustment, the Planning Commission, or the Board of Aldermen, the applicant for amendment shall certify by affidavit that the mailing has occurred; and such affidavit shall become part of the record as proof of such mailing. Section 18.030 PROCEDURE FOR AMENDMENT BY APPLICATION. (1) ACTION BY THE PLANNING COMMISSION. (a) The application for amendment shall be filed with the City Zoning Enforcement Person together with proof of the mailing of the notices required in Section 18.030(1)(d) below. (b) All applications shall be set for at least one (1) public hearing on such application with the Planning Commission at which parties of interest and citizens shall have an opportunity to be heard. _2 _ 1: \6 i 492\00007\CHPC i S.ORD (c) The time and place for the public hearing on each application held in front of the Planning Commission shall be established by the Planning Commission. (d) At least fifteen (15) days notice of the time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation with the City of Riverside. (e) The hearing of the Planning Commission shall be conducted and a record of such proceedings shall be preserved in such a manner as the Planning Commission shall, by rule, prescribe frcm time to time. (f) Any such hearing may, for good cause, or at the request of the applicant, or in the discretion of the Commission, be continued. Within ninety (90) days after the close and adjournment of the public hearing, the Planning Commission shall submit a written recommendation to the Board of Aldermen on the proposed application. (2) ACTION BY THE BOARD OF ALDERMEN. (a) The Board of Aldermen shall not act upon a proposed application until it has held at least one (1) public hearing upon said application at which parties of interest and citizens shall have an opportunity to be heard. -3- J:\61492\IXk107\CHP1'18.ORD (b) The Board of Aldermen shall set the time and place of such hearings, but in no event shall the public hearing required under this section be held without at least fifteen (15) days notice of the time an place of said hearing, which shall be published in an official newspaper or a newspaper of general circulation within the City of Riverside. (c) The Board of Aldermen shall not act upon a proposed application until it has received a written recommendation from the Planning Commission. (d) In the event a protest against such revision or amendment is presented, duly signed and acknowledged (properly notarized) by the owners of ten percent (10%) or more, either of the areas of land (exclusive of streets and alleys) included in such proposed change, or within are determined by lines drawn parallel to and one hundred eighty five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the Board of Aldermeno (e) If an application is not acted upon by the Board of Aldermen within ninety (90) days after the close of the hearing, it shall be deemed approved unless on or prior to the 90th day the Zoning Enforcement Person sends notice to the applicant that the Board of Aldermen has not yet acted on the application. Continuance of the consideration of the application shall be deemed an act. Section 3. This ordinance shall take effect immediately. Passed this 17th day of December, 1996. OR ATTEST: CITY CLERK ~- y ~ -t~- J: A61492V00007\CHPT 18.ORD