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HomeMy WebLinkAbout1993-32 - Amendments tot he Zoning OrdinanceBILL N0. ~3-3a ORDINANCE NO. ~~ -~a AN ORDINANCE ESTABLISHING AMENDMENTS TO THE ZONING CODE 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. 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OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1: Section 13.010(3)(a)(1) of the City of Riverside Zoning Code is hereby repealed in its entirety. Section 2: A new Section 13.010(3)(a)(1) shall be adopted as follo~os: "(1) Names of the owners of the land, waterways or commercial vessel included in the application." Section 3: Section 13.010(3)(b) of the City of Riverside Zoning Code is hereby repealed in its entirety. Section 4: 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 si*_e development plan should 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 Section 5: Section 13.010(5)(c)(3) of the City of Riverside Zoning Code is hereby repealed in its entirety. 2 Section 6: A new Section 13.010(5)(c)(3) shall be adopted as follows: "(3) If there is a violation of or non-compliance with any of the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 occupan*_ of the land, s*_ructure, commercial vessel or waterway which is the subject of the use, and by notice to the general public." Section 7: A new Section 13.130 shall be adopted as follows: "Section 13.130 COMMERCIAL VESSELS AND ADJACENT FACILITIES. (1) APPROVAL. (a) A commercial vessel will be permitted only in the location as set forth by Sec*_ion 13.130(2) 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 *_he preliminary site plan as may be modified by the Planning Commission or Board of Aldermen. (c) Any deviation from *_he approved site plan shall be deemed a violation of special use permit. approval and *_he 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 shall be deemed *_o be non-conforming uses and shall be summarily removed and abated. 3 (2) Commercial vessels are only allowed within the following area of the M-2 District (General Industrial): 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 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 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 the Quarter Section line, 1,303.50 feet to the East line of the Wes*_ 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 Pissouri 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 feet; 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" W continuing along siad River 31.94 feet; thence S 67° 28' 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 frac*_ional Section 9; thence continuing along last named course and continuing along said River, 225.74 feet to the Eas*_ right-of-way line of Missouri Highway Route 169/69 as it now exists; thence N 16° 02' 10" W along said Eas*_ right-of-way line 825.31 feet; thence N O1° 35' 55" E continuing along said East right-of-way line 165.05 fee*_; 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 Eas*_ 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 line 612.00 feet to the point of beginning and containing 56.4657 acres more or less. (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 (4) FENCING AND SCREENING. (a) Unless specifically waived by the Planning Commission and *_he 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. All 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 *_he vessel and adjacent 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. (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 transferred to any other potential "commercial vessel". Such special use permits cease upon the death of the permit holder provided that the executor or administration 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 of*_er the death of such permit holder. 5 (9) POLICE PROTECTION. responsibility of t maintain sufficient vessel and adjacent security force must of Public Safety. It shall be he applicant or approved grounds at be approved the to employ and security on *_he X11 times. The by the Director (10) LIGHTS. Any commercial vessel docked or maintained on a waterway within *_he City limi*_s 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 expressly waived by the Planning Commission and Board of Aldermen, there shall be a minimum of parking spaces based on Two Hundred percent (200) of the legal 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 local requirements for licensing, operation, equipment, numbering and all other matters. (13) DOCKS, BARGES AND MOORINGS. (a) Installation, construc*_ion, 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. 6 (b) Any person desiring to construe , 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 loca+ion 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 be so constructed as to be safe to use and capable of supporting 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 substan*_ial or major mechanical work including but not limited +-o engine and painting 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 screening requirements of the Board of Aldermen. (16) LOUDSPEAKERS. There shall be no central ou speater for any use other than emergency purposes. (17) SOUND LEVEL. There 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 (Leg) of Eigh*_y (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 restric*_ion 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 outdoor advertising or billboards shall be permitted, (b) No advertising display of any 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. (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 permi*_, (b) Said sewage treatment plan shall be approved by the Missouri Clean Water Commission and the Ci*_y, (c) Permanen+_ and adequa+_e 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 she Director of Safety prior to the issuance of a special use permit. (23) AUTOMATIC FIRE 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 BOC7D. (a) Before the issuance of any special permit, the applicant shall execute a bond sufficien*_, in the opinion of the Planning Commission, to secure all requirements of 8 this section in accordance with the plan specified in Section 13.130(1)(b) above and the other requirements of *_his 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 LOCATIOtd, 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 upon 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 said permit for a period not in excess of ninety (90) days or may revoke the permit entirely, so long as the permi*_tee 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 defini*_ions shall be adopted and inserted in alphabetical order in Section 23.020 of the Riverside 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 *_he 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. COP4MERCIAL 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. 9 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 ~o a dock, which is not carried aboard such vessel as regular equipmen'_- when underway. WATER6JAY: Any waters, lake, river, tributary, canal, lagoon or connecting waters within the boundaries of the City. Section 9: The City Clerk is hereby directed to make the appropriate changes in the Index necessary with the above revisions. Section 10: The City Clerk is hereby directed to make the appropriate changes to the Riverside Zoning Code of the City of Riverside, Missouri. PASSED THIS lQ ~ DAY OF , 1993. ~' MAYOR ~ AT EST: CITY CLER APPROVED THIS ~ DAY OF , 1993. ~ _' t++t~J ~„'~ `r c fem. MAYOR ~