HomeMy WebLinkAbout1995-090 - Amendments to the Zoning Ordinance6116L; 05/15/95
Revised 11/20/95
BILL NO.
ORDINANCE NO. 9~ - yD
AN ORDINANCE ESTABLISHING AMENDMENTS TO THE ZONING CODE OF THE
CITY OF RIVERSIDE ADOPTED BY ORDINANCE NO. 89-15.
WHEREAS, the City of Riverside, Missouri adopted a new Zoning
Code on February 21, 1989 by Ordinance No. 89-15, and
WHEREAS, in reviewing the Zoning Code, it was determined that
changes were necessary to allow the Zoning Code to work more
effectively and efficiently, to correct typographical errors and to
clearly reflect the intent and purpose of the Zoning Code as set out
in Chapter 1, General Provisions, and
WHEREAS, the City of Riverside wishes to enact and enforce the
new amendments to the Zoning Code.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI AS FOLLOWS:
Section 1: That the Table of Contents, Chapter 13, Section .130
be amended as follows: "Commercial Vessels and Adjacent Facilities
(Gambling or Gaming Casinos)" and the headline for Chapter 13,
Section .130 be amended as follows: "Commercial Vessels and
Adjacent Facilities (Gambling or Gaming Casinos)".
Section 2: Section 2.020(3)(d)(1) is hereby repealed in its
entirety.
Section 3: A new Section 2.020(3)(d)(1) shall be adopted to
read as follows:
"(d) Private arages.
(1)(a) For any dwelling house there shall be
permitted only one (1) private garage, either
attached or freestanding for the storage only
of not more than three (3) passenger motor
vehicles (including pickup trucks) and other
small accessories owned by and for the use of
the tenants with a maximum of eight hundred
(800) square feet unless the lot area exceeds
ten thousand (10,000) square feet in which
event the square footage may be increased by
ten percent (10%) for each one thousand
(1,000) square feet over ten thousand
(10,000) square feet with a maximum of one
thousand (1,000) square feet storage for
motor vehicles with a limit of four (4)
passenger motor vehicles and other small
accessories owned by and for the use of the
tenants and a height not to exceed sixteen
(16) feet or one (1) story.
(1)(b) An attached terraced garage with a separate
single attached garage may be allowed which
meets the square footage and percentage
requirements of Subsection (a) of Section
2.020(3)(d)(1)(a) when it is deemed necessary
due to the topography of the lot upon which
the dwelling house is located."
Section 4: Section 2.020(6)(a) shall be amended to read as
follows:
Babysitting four (4) children; if four (4) or more
children are cared for (in addition to the operator's own
children), the operator shall obtain a state license and
supply a copy of said license to the City of Riverside
unless the operator is otherwise exempt by law."
Section 5: Section 2.020(10)(a) shall be amended to read as
follows:
"(a) A building permit is obtained from the Planning
Commission. No single family residence shall be
required to obtain building permit approval by the
Board of Aldermen."
Section 6: Section 2.040(5) is hereby repealed in its entirety.
Section 7: A new Section 2.040(5) shall be adopted to read as
follows:
"(5) MINIMUM FLOOR AREA. The minimum floor area,
finished for living purposes shall not be less than
one thousand five hundred (1,500) square feet of
finished living area, other than the basement and
exclusive of any other attached or freestanding
accessory buildings. The minimum finished living
area is a minimum of one thousand five hundred
(1,500) square feet on any one level or a minimum of
one thousand five hundred (1,500) square feet of
finished living area on any series of levels. The
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basement level shall be defined as a level which has
more than twenty-five percent (25~) of the outer
wall area below the main level of the surrounding
ground; provided that this section shall not be
construed to ban the construction of earth contact
homes, which will have more than twenty-five percent
(25~) of the main living level below the main level
of the surrounding ground have at least one exterior
wall completed exposed. Garages whether attached
or freestanding are not considered as living area."
Section 8: Section 3.020(3)(d)(1) is hereby repealed in its
entirety.
Section 9: A new Section 3.020(3)(d)(1) shall be adopted to
read as follows:
"(d) Private aaraaes.
(1)(a) For any dwelling house there shall be
permitted only one (i) private garage, either
attached or freestanding for the storage only
of not more than three (3) passenger motor
vehicles (including pickup trucks) and other
small accessories owned by and for the use of
the tenants with a maximum of eight hundred
(800) square feet unless the lot area exceeds
ten thousand (10,000) square feet in which
event the square footage may be increased by
ten percent (l0%) for each one thousand
(1,000) square feet over ten thousand
(10,000) square feet with a maximum of one
thousand (1,000) square feet storage for
motor vehicles with a limit of four (4)
passenger motor vehicles and other small
accessories owned by and for the use of the
tenants and a height not to exceed sixteen
(16) feet or one (1) story.
(1)(b) An attached terraced garage with a separate
single attached garage may be allowed which
meets the square footage and percentage
requirements of Subsection (a) of Section
2.020(3)(d)(1)(a) when it is deemed necessary
due to the topography of the lot upon which
the dwelling house is located."
Section 10: Section 3.020(6)(a) shall be amended to read as
follows:
"Babysitting three (3) children; if four (4) or more
children are cared for (which includes the operator's own
children), the operator shall obtain a state license and
supply a copy of said license to the City of Riverside
unless the operator is otherwise exempt by law."
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Section 11: Section 3.020(10)(a) shall be amended to read as
follows:
"(a) A building permit is obtained from the Planning
Commission;"
Section 12: Section 3.030(4) shall be corrected to read as
follows:
"(4) BUILDING ON LOT. In multi-family residence
districts, every multi-family dwelling hereafter
erected or structurally altered shall be located on
a single lot, and there shall not be more than one
principal building on one (1) lot."
Section 13: Section 3.040(4) shall be corrected to read as
follows:
"(4) LOT AREA PER FAMILY. There shall be a lot area of
not less than ten thousand (10,000) square feet for
a one family dwelling if sewer is available and
sixty thousand (60,000) square feet for a one family
dwelling if sewer is not available. The minimum lot
area for each apartment erected hereafter shall be
eight thousand (8,000) square feet for the first
family apartment unit and an additional three
thousand (3,000) square feet for each additional
family apartment unit in each building. Provided,
however, that in no instance shall the number of
family apartment units within any one building
exceed twenty-four (24). Where a single family lot
has less area than herein required in separate
ownership at the time of the passage of this
ordinance, this regulation shall not prohibit the
erection of a single family dwelling."
Section 14: Section 3.060(10) is hereby repealed in its
entirety.
Section 15: A new Section 3.060(10) shall be adopted to read as
follows:
"(10) ACCESSORY AREA. When parking lots are sparsely used, are
highly seasonal in their use, or where other special
conditions exist, an application shall be presented to the
Planning Commission requesting a portion of the parking
area be left unimproved until such time as the Board of
Aldermen deem it must be improved to adequately serve
current parking demands. After review of the application,
the Planning Commission shall within ninety (90) days send
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the application onto the Board of Aldermen for approval or
denial. The failure of the Board of Aldermen to act
within ninety (90) days shall be deemed an approval of the
application unless on the eighty-ninth (89th) day the
Zoning Enforcement Officer having checked the application
finds that no positive action to approve the application
has occurred at which time the applicant shall be notified
and the application withdrawn or continued unless the
Zoning Enforcement Officer for good cause determines no
prior positive action was necessary by the applicant. The
land so delineated for future parking shall be surveyed by
a licensed engineer or surveyor of the State of Missouri,
with his/her seal firmly affixed upon the plans and
specifications of the land which will and can be used for
parking in the future. A permit for delayed construction
in the parking lot area shall be issued only after the
Planning Commission and 'the Board of Aldermen are
satisfied that the initial occupancy of the premises will
be adequately served by the lesser number of spaces and
only after approval of a final development plan indicating
clearly the location, pattern and circulation to and from
the initial and the delayed parking spaces."
Section 16: Section 4.070(12) is hereby repealed in its
entirety.
Section 17: A new Section 4.070(12) shall be adopted to read as
follows:
"(12) PARKING ON RIGHT-OF-WAY. No parking shall be
permitted within ten (10) feet of a public street
right-of-way, except that parking a motor passenger
car or a pickup truck not larger than three-fourths
(3/4) ton shall be permitted in customary driveways
of single or two family dwellings."
Section 18: Section 4.070(13) is hereby repealed in its
entirety.
Section 19: A new Section 4.070(13) shall be adopted to read as
follows:
"(13) ACCESSORY AREA. When parking lots are sparsely
used, are highly seasonal in their use, or where
other special conditions exist, an application shall
be presented to the Planning Commission requesting a
portion of the parking area be left unimproved until
such time as the Board of Aldermen deem it must be
improved to adequately serve current parking
demands. After review of the application, the
Planning Commission shall within ninety (90) days
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send the application onto the Board of Aldermen for
approval or denial. The failure of the Board of
Aldermen to act within ninety (90) days shall be
deemed an approval of the application unless on the
eighty-ninth (89th) day the Zoning Enforcement
Officer having checked the application finds that no
positive action to approve the application has
occurred at which time the applicant shall be
notified and the application withdrawn or continued
unless the Zoning Enforcement Officer for good cause
determines no prior positive action was necessary by
the applicant. The land so delineated for future
parking shall be surveyed by a licensed engineer or
surveyor of the State of Missouri, with his/her seal
firmly affixed upon the plans and specifications of
the land which will and can be used for parking in
the future. A permit for delayed construction in
the parking lot area shall be issued only after the
Planning Commission and the Board of Aldermen are
satisfied that the initial occupancy of the premises
will be adequately served by the lesser number of
spaces and only after approval of a final
development plan indicating clearly the location,
pattern and circulation to and from the initial and
the delayed parking spaces."
Section 20: Section 5.010 "Crematory, funeral and mortuary
services" shall be amended to read as follows:
"PERMITTED SPECIAL USE
Crematory, funeral and mortuary
services ..............................................X..
Section 21: Section 5.010 "Driving ranges" shall be amended to
read as follows:
"PERMITTED SPECIAL USE
Driving ranges ............................................X..
Section 22: Section 5.010 "Funeral, mortuary and crematory
services" shall be changed to read as follows:
"PERMITTED SPECIAL USE
Funeral, mortuary and crematory
services ..............................................X..
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Section 23: Section 5.010 "Miniature golf" shall be changed to
read as follows:
"PERMITTED SPECIAL USE
Miniature golf ............................................X..
Section 24: Section 5.010 "Mortuaries" shall be changed to read
as follows:
"PERMITTED SPECIAL USE
Mortuaries ................................................X"
Section 25: A new Section 5.070(13) shall be corrected to read
as follows:
"(13) PARKING ON RIGHT-OF-WAY. No parking shall be
permitted within ten (10) feet of a public street
right-of-way, except that parking a motor passenger
car or a pickup truck not larger than three-fourths
(3/4) ton shall be permitted in customary driveways
of single or two family dwellings."
Section 26: Section 5.070(14) is hereby repealed in its
entirety.
Section 27: A new Section 5.070(14) shall be adopted to read as
follows:
"(14) ACCESSORY AREA. When parking lots are sparsely used, are
highly seasonal in their use, or where other special
conditions exist, an application shall be presented to the
Planning Commission requesting a portion of the parking
area be left unimproved until such time as the Board of
Aldermen deem it must be improved to adequately serve
current parking demands. After review of the application,
the Planning Commission shall within ninety (90) days send
the application onto the Board of Aldermen for approval or
denial. The failure of the Board of Aldermen to act
within ninety (90) days shall be deemed an approval of the
application unless on the eighty-ninth (89th) day the
Zoning Enforcement Officer having checked the application
finds that no positive action to approve the application
has occurred at which time the applicant shall be notified
and the application withdrawn or continued unless the
Zoning Enforcement Officer for good cause determines no
prior positive action was necessary by the applicant. The
land so delineated for future parking shall be surveyed by
a licensed engineer or surveyor of the State of Missouri,
with his/her seal firmly affixed upon the plans and
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specifications of the land which will and can be used for
parking in the future. A permit for delayed construction
in the parking lot area shall be issued only after the
Planning Commission and the Board of Aldermen are
satisfied that the initial occupancy of the premises will
be adequately served by the lesser number of spaces and
only after approval of a final development plan indicating
clearly the location, pattern and circulation to and from
the initial and the delayed parking spaces."
Section 28: Section 5.070(15) is hereby repealed in its
entirety.
Section 29: A new Section 5.070(15) shall be adopted to read as
follows:
"(15) PLANS AND APPROVAL REQUIRED. Plans showing the
layout and design of all required off-street parking
and loading areas shall be submitted to the Planning
Commission. If the permit to be issued is within
the R-1 District, or within the R-2, C-0, C-1, M-1
and M-2 Districts and involves a value of less than
Two Hundred Fifty Thousand Dollars ($250,000.00),
approval shall be at the discretion of the Planning
Commission. All other applications for permits in
excess of Two Hundred Fifty Thousand Dollars
($250,000.00) within the R-2, C-0, C-1, M-1 or M-2
Districts shall be examined by the Planning
Commission with final approval at the discretion of
the Board of Aldermen. Before approving any parking
layout, the Planning Commission and Board of
Aldermen shall confirm that the spaces provided are
usable and meet standard design criteria contained
herein. In the case of a use for which off-street
parking requirements are not specifically enumerated
or mentioned, the requirements for off-street
parking for a use which is similar shall apply.
Similarity is to be determined by the Zoning
Enforcement Person. All required off-street parking
spaces shall be clearly marked on the plan."
Section 30: A new Section 6.060(14) shall be corrected to read
as follows:
"(14) PARKING ON RIGHT-OF-WAY. No parking shall be
permitted within ten (10) feet of a public street
right-of-way, except that parking a motor passenger
car or a pickup truck not larger than three-fourths
(3/4) ton shall be permitted in customary driveways
of single or two family dwellings."
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Section 31: Section 6.060(15) is hereby repealed in its
entirety.
Section 32: A new Section 6.060(15) shall be adopted to read as
follows:
"(15) ACCESSORY AREA. When parking lots are sparsely
used, are highly seasonal in their use, or where
other special conditions exist, an application shall
be presented to the Planning Commission requesting a
portion of the parking area be left unimproved until
such time as the Board of Aldermen deem it must be
improved to adequately serve current parking
demands. After review of the application, the
Planning Commission shall within ninety (90) days
send the application onto the Board of Aldermen for
approval or denial. The failure of the Board of
Aldermen to act within ninety (90) days shall be
deemed an approval of the application unless on the
eighty-ninth (89th) day the Zoning Enforcement
Officer having checked the application finds that no
positive action to approve the application has
occurred at which time the applicant shall be
notified and the application withdrawn or continued
unless the Zoning Enforcement Officer for good cause
determines no prior positive action was necessary by
the applicant. The land so delineated for future
parking shall be surveyed by a licensed engineer or
surveyor of the State of Missouri, with his/her seal
firmly affixed upon the plans and specifications of
the land which will and can be used for parking in
the future. A permit for delayed construction in
the parking lot area shall be issued only after the
Planning Commission and the Board of Aldermen are
satisfied that the initial occupancy of the premises
will be adequately served by the lesser number of
spaces and only after approval of a final
development plan indicating clearly the location,
pattern and circulation to and from the initial and
the delayed parking spaces."
Section 33: Section 6.060(17) shall be amended to read as
follows:
"(17) COMPLETION. All required construction and
improvement of a parking area shall be completed
within six (6) months of completion of the building
or from the issuance of a building permit (whichever
is later). However, at the discretion of the Zoning
Enforcement Person, a semi-annual renewal may be
automatically granted at any time if requested.
There may be a maximum of two (2) renewals."
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Section 34: Section 7.010 "adult bookstore" shall be
appropriately alphabetically inserted and shall be adopted to read
as follows:
"PERMITTED SPECIAL USE
Adult bookstore ...........................................X"
Section 35: Section 7.010 "adult entertainment facility" shall
be appropriately alphabetically inserted and shall be adopted to
read as follows:
"PERMITTED SPECIAL USE
Adult Entertainment Facility ..............................X"
Section 36: Section 7.010 "bathhouse" shall be appropriately
alphabetically inserted and shall be adopted to read as follows:
"PERMITTED SPECIAL USE
Bathhouse .................................................X..
Section 37: Section 7.010 "Composting plant" shall be amended
to read as follows:
"PERMITTED SPECIAL USE
Composting plant ...........................................X..
Section 38: Section 7.010 "Gambling (See Commercial Vessels)"
shall be appropriately alphabetically inserted and shall be adopted
to read as follows:
"PERMITTED SPECIAL USE
Gambling (See Commercial Vessels) ..........................X"
Section 39: Section 7.010 "Gaming Casino" (See Commercial
Vessels) shall be appropriately alphabetically inserted and shall be
adopted to read as follows:
"PERMITTED SPECIAL USE
Gaming Casino (See Commercial Vessels) .....................X"
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Section 40: Section 7.010 "massage shop" shall be appropriately
alphabetically inserted and shall be amended to read as follows:
~~
SPECIAL USE
Massage Shop ..............................................X..
Section 41: Section 7.010 "pawn shop" shall be appropriately
alphabetically inserted and shall be adopted to read as follows:
"PERMITTED SPECIAL USE
Pawn Shop .................................................X..
Section 42: Section 7.010 "nude modeling studio" shall be
appropriately alphabetically inserted and shall be adopted to read
as follows:
"PERMITTED SPECIAL USE
Nude Modeling Studio ......................................X"
Section 43: Section 7.030 shall be amended by the addition of
the following subsection:
"15. No special use permit allowing for the operation of a pawn
shop shall be issued for a location within one-half (1/2) mile
of any site where an excursion gambling boat dock or facility is
located or within one-half (1/2) mile of the site where an
application for such an excursion gambling boat dock or facility
is on file with the State Gaming Commission prior to the date on
which the application of the special use permit is filed nor
shall any such special use permit be granted for a location
outside the boundaries described in such 13.120(2) of the
Riverside Zoning Order."
Section 44: Section 7.060(8) is hereby repealed in its entirety.
Section 45: A new Section 7.060(8) shall be adopted to read as
follows:
"(8) SURFACING OF PARKING LOTS. All off-street parking,
loading, aisles for maneuvering, entrance and exits
shall be at the very minimum hard surfaced with 95%
compacted base that is a minimum of four (4) inches
of crushed rock, sand or gravel and covered with a
minimum of four (4) inches of portland cement
concrete or asphaltic concrete. The applicant shall
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also consult the Missouri Standard Specifications
for Highway Construction (1986 and Amendments) and
the Division II Construction and Material Specs,
Grading and Site Preparation, Paving, Incidental
Construction, and Seeding and Sodding (APWA Specs
Section 2000 through 2400 - 1981) and if a higher
standard is required in either for the construction
of the area, this higher standard shall apply. If a
lower standard is set forth in either the Missouri
Standard Specifications for Highway Construction
(1986 and Amendments) or Division II Construction
and Material Specs, Grading and Site Preparation,
Paving, Incidental Construction, and Seeding and
Sodding (APWA Specs Section 2000 through 2400 -
1981), it shall not apply and the applicant shall
follow the minimum standards set forth in this
paragraph. All construction shall be in accordance
with good general engineering practice."
Section 46: Section 7.060(14) shall be amended to read as
follows:
"(14) PARKING ON RIGHT-OF-WAY. No parking shall be
permitted within ten (10) feet of a public street
right-of-way, except that parking a motor passenger
car or a pickup truck not larger than three-fourths
(3/4) ton shall be permitted in customary driveways
of single or two family dwellings."
Section 47: Section 7.060(15) is hereby repealed in its
entirety.
Section 48: A new Section 7.060(15) shall be adopted to read as
follows:
"(15) ACCESSORY AREA. When parking lots are sparsely
used, are highly seasonal in their use, or where
other special conditions exist, an application shall
be presented to the Planning Commission requesting a
portion of the parking area be left unimproved until
such time as the Board of Aldermen deem it must be
improved to adequately serve current parking
demands. After review of the application, the
Planning Commission shall within ninety (90) days
send the application onto the Board of Aldermen for
approval or denial. The failure of the Board of
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Aldermen to act within ninety (90) days shall be
deemed an approval of the application unless on the
eighty-ninth (89th) day the Zoning Enforcement
Officer having checked the application finds that no
positive action to approve the application has
occurred at which time the applicant shall be
notified and the application withdrawn or continued
unless the Zoning Enforcement Officer for good cause
determines no prior positive action was necessary by
the applicant. The land so delineated for future
parking shall be surveyed by a licensed engineer or
surveyor of the State of Missouri, with his/her seal
firmly affixed upon the plans and specifications of
the land which will and can be used for parking in
the future. A permit for delayed construction in
the parking lot area shall be issued only after the
Planning Commission and the Board of Aldermen are
satisfied that the initial occupancy of the premises
will be adequately served by the lesser number of
spaces and only after approval of a final
development plan indicating clearly the location,
pattern and circulation to and from the initial and
the delayed parking spaces."
Section 49: Section 9.010 is hereby repealed in its entirety.
Section 50: A new Section 9.010 shall be adopted to read as
follows:
"Section 9.010 PARKING OF TRUCKS PROHIBITED:
EXCEPTIONS.
The word "truck as used in this provision, shall mean a
motor vehicle designed or regularly used for carrying
freight or merchandise. Subject to the exceptions herein
noted, no trucks larger than one (1) ton shall be parked
on any premises which are zoned as R-1, R-2 and C-0
inclusive for more than one (1) hour. This ordinance
shall not prohibit the making of bona fide deliveries to
premises zoned as indicated, but such trucks shall be
identified by a placard or sign clearly visible and
reading: "DELIVERY IN PROGRESS". Neither shall this
provision apply to trucks which are parked within an
enclosed garage, to construction trucks when construction
work is actually in progress in connection with the
premises where such truck is parked, nor to trucks on the
premises in connection with any emergency nor to moving
trucks when moving is actually in progress in connection
with the premises where such truck is parked. This
ordinance shall not apply to any truck whose use is
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necessary in connection with an existing valid and legal
non-conforming use so long as such use continues to be
lawful. Any truck which is:
(1) Parked within an enclosed structure; or
(2) More than one hundred (100) feet from the nearest
property line of a person, other than the owner of
such truck; or
(3) Parked in the rear of a non-residential building and
not visible from any streets
shall not be considered in violation of this ordinance."
Section 51: A new Section 11.030(16) shall be adopted to read
as follows:
"(16) SIGN LIMIT. There shall be a limit of four (4)
signs at any one location."
Section 52: Section 12.010(3) is hereby repealed in its
entirety.
Section 53: A new Section 12.010(3) shall be adopted to read as
follows:
"(3) A site development plan shall be submitted along
with the application that is required for a building
permit."
Section 54: Anew Section 12.030(2)(d) shall be corrected to
read as follows:
"(d) Upon presentation of the application and all
necessary plans, specifications and documents to the
Planning Commission, 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."
Section 55: Section 12.030(3)(e) is hereby repealed in its
entirety.
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Section 56: A new Section 12.030(3)(e) shall be adopted to read
as follows:
"(e) Any permit not approved 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 the
eighty-ninth (89th) day the Zoning Enforcement
Officer having checked the application finds that no
positive action to approve the application has
occurred at which time the applicant shall be
notified and the application withdrawn or continued
unless the Zoning Enforcement Officer for good cause
determines no prior positive action by the applicant
was necessary."
Section 57: Section 12.030(4)(d) is hereby repealed in its
entirety.
Section 58: A new Section 12.030(4)(d) shall be adopted to read
as follows:
"(d) Any permit not approved by the Board of Aldermen
within ninety (90) days from the date it is
submitted to the Board by the Planning Commission
shall be deemed an approval of the application
unless on the eighty-ninth (89th) day the Zoning
Enforcement Officer having checked the application
finds that no positive action to approve the
application has occurred at which time the applicant
shall be notified and the application withdrawn
unless the Zoning Enforcement Officer for good cause
determines no prior positive action by the applicant
was necessary."
Section 59: Section 12.050 (1) shall be amended to read as
follows:
"(1) GRADING PERMITS REQUIRED. No person shall do any grading
without first obtaining a grading permit from the zoning
enforcement person after following the procedures set
forth in Section 12.030. A separate permit shall be
required for each site. At any site where five (5) acres
or more will be disturbed, a copy of the state operating
permit (also known as a storm water discharge permit)
issued by the water pollution control program of the
Department of Natural Resources shall be attached to the
application for a grading permit at the time the
application is submitted to the Planning Commission for
consideration."
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Section 60: Section 12.060 shall be amended to read as follows:
"Section 12.060 COMPLETION_DATE-GRADING PERMIT.
(1) All grading and filling must be completed within one
hundred eighty (180) days of the date of the issuance of
the grading permit. An extension may be issued for an
additional one hundred eighty (180) days. At the end of
one (1) year from the date of the issuance of the original
grading permit, a new application and fee will be
required. The Zoning Enforcement Person may extend the
permit time limit without additional charge due to
inclement weather, but in no case shall such an extension
be for a period in excess of the time actually lost due to
inclement weather."
Section 61: Section 13.010(2) is hereby repealed in its
entirety.
Section 62: A new Section 13.010(2) shall be adopted to read as
follows:
"(2) AUTHORIZATION. Special use permits may be
authorized only by the Board of Aldermen; provided,
that no application for a special use permit shall
be acted upon by the Board of Aldermen until after a
public hearing is scheduled and notice posted and
thereafter held by the Planning Commission, and its
finding and recommendations are reported to the
Board of Aldermen. Right to such special uses shall
not exist as a matter of right, but only as an
exception to the general provision of the Zoning
Ordinance."
Section 63: Section 13.040(1)(1)(6) shall be amended to read as
follows:
"(6) No building permit shall be issued for any
construction in the mobile home park until the
Planning Commission shall have approved the final
site plan, covering at least the first stage of
development, and notified the Zoning Enforcement
Person. No mobile home park shall be operated until
an application to operate the mobile home park has
been obtained from the City Clerk upon approval of
the license by the Board of Aldermen."
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Section 64: Section 13.040(1)(1)(13) shall be amended to read
as follows:
"(13) Where the Planning Commission has required off-site
improvements and/or drainage systems be installed on
easements to be granted to the City, a performance bond in
an amount estimated by the Planning Commission sufficient
to cover the full cost of same shall be furnished to the
City by the owner."
Section 65: Section 13A.060 shall be amended to read as follows:
"Section 13A.060
USES REGULATED.
No adult bookstore, adult entertainment facility,
bathhouse, pawn shop, massage shop nor nude modeling
studio shall be permitted except in District M-2 subject
to the provisions of Chapter 13."
Section 66: Section 13.060(2)(1)(2) shall be amended to read as
follows:
"(2) The outdoor recreational facility may be used only
for baseball, soccer, miniature golf, softball and
the corresponding tournaments and as an
amphitheater."
Section 67: A new Section 13.080(6) shall be adopted to read as
follows:
"(6) FENCE. All fencing shall conform with the District
in which the swimming club or swimming pool is
located and to such additional fencing requirements
as may be deemed necessary for the protection of the
public."
Section 68: Section 16.040(4) shall be amended to read as
follows:
"(4) SPECIAL USE PERMIT. If the building or structure is
so designed that only a non-conforming use can be
performed within the structure, the owner may apply
to the Board of Aldermen for a special use permit
subject to the recommendation of the Planning
Commission and the general provisions for issuance
of a special use permit as set out in Chapter 13 of
this Code."
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Section 69: A new Section 18.030(2)(c) shall be adopted to read
as follows:
"(c) Any permit not approved by the Board of Aldermen
within ninety (90) days from the date it is
submitted to the Board by the Planning Commission
shall be deemed an approval of the application
unless on the eighty-ninth (89th) day the Zoning
Enforcement Officer having checked the application
finds that no positive action to approve the
application has occurred at which time the applicant
shall be notified and the application withdrawn or
continued unless the Zoning Enforcement Officer for
good cause determines no prior positive action by
the applicant was necessary."
Section 70: Section 18.010(2) shall be amended to read as
follows:
"(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
(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 71: Section 18.030(2) is hereby repealed in its
entirety.
Section 72: A new Section 18.030(2) shall be adopted to read as
follows:
"(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.
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(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 and
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
(l00) or more, either of the areas of land
(exclusive of streets and alleys) included in such
proposed change, or within area 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
Aldermen.
(e) If an application is not acted upon by the Board of
Aldermen within ninety (90) days, it shall be deemed
approved unless on the eighty ninth (89) day the
Zoning Enforcement Officer having checked the
application finds that no positive action to prove
the application has occurred, at which time the
applicant shall be notified and the application
withdrawn or continued unless the Zoning Enforcement
Officer for good cause determines no prior positive
action was necessary by the applicant."
Section 73: The City Clerk is hereby directed to make the
appropriate changes to the Riverside Zoning Code of the City of
Riverside, Missouri.
PASSED THIS ~ DAY OF / YG~~ , 1995.
~t~. ,/'6~z 1~-
MAYOR !
ATTEST:
~- i
C3TY CLERK
t
APPROVED THIS /~_ DAY OF
~irrL~~ 19 9 5 .
,'
MAYO
19