HomeMy WebLinkAbout2007-047 - Amendment of "Title IV: Land Use" of the Municipal Code
BILL N0.2007-47 ORDINANCE N0.2007-47
AN ORDINANCE AMENDING "TITLE IV :LAND USE" OF THE MUNICIPAL
CODE OF THE CITY OF RIVERSIDE, MISSOURI, SPECIFICALLY VI
"ACCESORY USES AND STRUCTURES", ARTICLE VIII "SIGNS", ARTICLE
XIII "VIOLATIONS AND ENFORCEMENTS", AND SECTIONS 400.220
"REZONING APPLICATIONS", 400.230 "SPECIAL USE PERMIT
APPLICATIONS", 400.240 "PLATTING APPLICATIONS", 400.250
"DEVELOPMENT PLAN APPLICATIONS", 400.260 "LAND DISTURBANCE
PERMIT APPLICATION", 400.270 "CHANGE OF USE PERMIT
APPLICATION", 400.280 "VACATION APPLICATIONS", 400.290 "VARIANCE
APPLICATIONS", 400.380 "PD: PLANNED DEVELOPMENT DISTRICT",
400.430 "ADDITIONAL REGULATIONS ("CONDITIONS") FOR
RESIDENTIAL USE ALLOWED IN RESIDENTIAL AND PLANNED
DISTRICTS", 400.510 "DRIVEWAYS AND ROADWAY ACCESS", 400.590
"NON-RESIDENTIAL DESIGN STANDARDS", AND 400.910 "LEVEE
CRITICAL AREA REGULATIONS"
WHEREAS, the City of Riverside, Missouri (the "City") and its staff have
conducted a comprehensive review of the City's Municipal Code (the "Code") sections
regarding land use; and
WHEREAS, the City staff with Shafer, Kline and Warren has prepared the
Amendments to Title IV: Land Use
WHEREAS, the Riverside Planning & Zoning Commission, at public hearings
held on April 12, 2007 considered and discussed amendments to the City Code's
Sections; and
WHEREAS, after such consideration and discussion, the Planning & Zoning
Commission recommended that the City's Board of Aldermen adopt the proposed
amendments; and
WHEREAS, during a public hearing held during its meeting on April 17, 2007the
Board of Aldermen considered and discussed the proposed amendments and the
recommendation of the Planning & Zoning Commission; and
WHEREAS, the Board of Aldermen has determined it to be in the City's best
interests to accept the Planning & Zoning Commission's recommendation and adopt the
proposed amendments; and
WHEREAS, the City staff and the Board of A}dermen have reviewed, examined
and deemed adoption of the amendments to be advisable and in the City's best interests
for the promotion of the health, safety and welfare of the residents of the City.
NOW, THERFORE, be it ordained by the Board of Aldermen of the City of
Riverside, Missouri, as follows:
T' I
Section 1: Section 400.220.2 shall be amended and read as follows:
2. Application submittal requirements. All rezoning applications shall include the
following:
a. A completed application form.
b. Anon-refundable fee as established in Section 400.1110, Schedule of
Fees.
c. Legal description of the subject property.
d. Map showing all the land proposed to be rezoned and all surrounding land
within 185 feet from the subject property. The name of the property
owner for all land within 185 feet designation shall be indicated on the
map. Such information shall be in a list format and be current and
obtained from the records of the County Assessor.
e. Description of the proposal.
f. Copies of tax certificates from the County.
g. Proof of ownership or control of the property or permission from the
property owner.
h. A completed flood hazard and levee critical area information form, if
necessary. Applications involving the flood hazard or levee critical area
may not be reviewed by the Planning and Zoning Commission and the
Board of Alderman in the time frame outlined in this Section due to the
time required for additional agencies, such as the Corps of Engineers and
levee district, to review the application.
Section 2: Section 400.230.2 shall be amended and read as follows:
2. Application submittal requirements. All special use permit applications shall
include the following:
a. A completed application form.
b. Anon-refundable fee as established in Section 400.1110, Schedule of
Fees.
c. Legal description of the subject property.
d. Map showing all surrounding land within 185 feet from the subject
property. The name of the property owner for all land within 185 feet
designation shall be indicated on the map. Such information shall be in a
T' 1
list format and be current and obtained from the records of the County
Assessor.
e. Description of the proposal.
f. Copies of tax certificates from the County.
g. Proof of ownership or control of the property or permission from the
property owner.
h. A completed flood hazard and levee critical area information form, if
necessary. Applications involving the flood hazard or levee critical area
may not be reviewed by the Planning and Zoning Commission and the
Board of Alderman in the time frame outlined in this Section due to the
time required for additional agencies, such as the Corps of Engineers and
levee district, to review the application.
Section 3: Section 400.240.7.b shall be amended and read as follows:
b. Application submittal requirements. All minor subdivision applications shall
include the following:
(1) A completed application form.
(2) Anon-refundable fee as established in Section 400.1110, Schedule of
Fees.
(3) Legal description of the subject property.
(4) Map showing all surrounding land within 185 feet from the subject
property. The name of the property owner for all land within 185 feet
designation shall be indicated on the map. Such information shall be in a
list format and be current and obtained from the records of the County
Assessor.
(5) Four (4) full-size copies (not more than thirty-four (34) inches by forty-
four (44) inches) and one (1) reduced copy (eleven (11) inches by
seventeen (17) inches) of the minor subdivision final plat including the
following information:
(a) Location, section, township, range, County and State and a legal
description of the boundary with acreage of the subdivision. The
plat shall be based on an accurate traverse and tied to the
Geographic Reference System created in conjunction with the
Missouri Land Survey Program by the Missouri Department of
Natural Resources, Division of Geology and Land Survey. The
allowable error of closure and positional accuracy of the boundary
traverse, or any or portion of the plat, shall be in accordance with
that provided in the current Minimum Standards for Property
Boundary Surveys, 10 CSR 30-2, Missouri Code of State
Regulations.
(b) Name and address of the property owner and applicant.
(c) Scale of the plat, which shall be one (1) inch equals one hundred
(100) feet or larger, unless specifically waived by the Director of
Planning and Economic Development or their designees.
(d) Date and north arrow.
(e) Location and width ofright-of--way and name of each existing or
platted street or other public way, railroad and utility right-of--way,
parks and other open spaces and any permanent buildings within or
adjacent to the proposed minor subdivision.
(f) All existing sewers, water mains, gas mains, culverts or other
underground installations within the proposed minor subdivision or
immediately adjacent thereto, with pipe size and location shown.
(g) Names of adjacent subdivisions, if any, and owner of adjacent
parcels of unsubdivided land.
(h) Layout, lot numbers and approximate dimensions of lots.
(i) Building setback lines with dimensions.
(j) Indication of any lots on which a use other than residential is
proposed.
(k) A written and signed statement explaining how the applicant
proposes to provide water and treatment of wastewater for each of
the lots.
(1) A vicinity sketch, at a legible scale, to show the relation of the
proposed minor subdivision to its surroundings. Utility
connections must be shown on the sketch.
(6) Copies of tax certificates from the County.
(7) Proof of ownership or control of the property or permission from the
property owner.
(8) A completed flood hazard and levee critical area information form, if
necessary. Applications involving the flood hazard or levee critical area
may not be reviewed by the Planning and Zoning Commission and Board
of Aldermen in the time frame outlined in this Section due to the time
required for additional agencies, such as the Corps of Engineers and levee
district, to review the application.
Section 4: Section 400.240.8.a.3 shall be amended and read as follows:
3. Application submittal requirements. All preliminary plat applications shall
include the following:
(a) A completed application form.
(b) Anon-refundable fee as established in Section 400.1110 Schedule
of Fees.
(c) Map showing all surrounding land within 185 feet from the subject
property. The name of the property owner for all land within 185
feet designation shall be indicated on the map. Such information
shall be in a list format and be current and obtained from the
records of the County Assessor.
(d) Four (4) full-size copies (not more than thirty-four (34) inches by
forty-four (44) inches) and one (1) reduced copy (eleven (11)
inches by seventeen (17) inches) of the preliminary plat, including
the following information.
(i) Location, section, township, range, County
and State and a legal description of the
boundary with acreage of the subdivision.
T'he plat shall be based on an accurate
traverse and tied to the Geographic
Reference System created in conjunction
with the Missouri Land Survey Program by
the Missouri Department of Natural
Resources, Division of Geology and Land
Survey. The allowable error of closure and
positional accuracy of the boundary traverse,
or any or portion of the plat, shall be in
accordance with that provided in the current
Minimum Standards for Property Boundary
Surveys, 10 CSR 30-2, Missouri Code of
State Regulations.
(ii) Name and address of the property owner,
applicant and design professional preparing
the plat.
(iii) Preparer's stamp and signature.
(iv) Scale of the plat, which shall be one (1) inch
equals one hundred (100) feet or larger,
unless specifically waived by the Director of
Planning and Economic Development or
their designees.
(v) Date and north arrow.
(vi) Title of the subdivision.
(vii) Topography with contour intervals of not
more than two (2) feet, referred to U.S.G.S.
In areas where grades are steep, the Director
of Planning and Economic Development or
their designees may require a lesser contour
interval.
(viii) Location of property with respect to
surrounding property and streets; the names
of all adjoining property owners of record or
the names of adjoining developments; the
names of adjoining streets.
(ix) Location and dimensions of all boundary
lines of the property.
(x) Location and width of existing or platted
streets, property lines, easements, water
bodies, streams and other pertinent features
such as swamps, railroads, parks,
cemeteries, drainage ditches and bridges.
(xi) Location and width of all existing and
proposed streets and easements, alleys and
other public ways and easements and
proposed street right-of--way and building
setback lines.
(xii) Names of all proposed streets.
(xii) Location and dimensions of all property
proposed to be set aside for park or open
space or other public or private reservations,
with designation of the purpose thereof and
conditions, if any, of the dedications or
reservation.
(xiv) Locations, dimensions and areas of all
proposed or existing lots.
(xv) Indication of the use of any lot (single-
family, multi-family, commercial).
(xvi) Blocks shall be consecutively numbered or
lettered in alphabetical order. Blocks in
numbered additions to subdivisions bearing
the same name shall be numbered or lettered
consecutively through the several additions.
(xvii) All lots in each block shall be consecutively
numbered. Outlots shall be lettered in
alphabetical order. If blocks are numbered
or lettered, outlots shall be lettered in
alphabetical order within each block.
(xviii) Notations explaining any of the following as
may be applicable: drainage easements, site
easements, reservations and endorsement of
owners as follows:
Approved for filing:
Owner
Date
(xix) Proposals for connection with existing water
supply and sanitary sewer systems or
alternative means of providing water supply
and sanitary waste treatment and disposal;
provision for collection and discharging
surface water drainage.
(xx) A vicinity map showing streets and other
general development of the surrounding
area.
(xxi) The preliminary plat shall identify all
required improvements together with
preliminary engineering calculations.
(e) Current title report.
(f) Copies of tax certificates from the County.
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(g) Proof of ownership or control of the property or permission
from the property owner.
(h) A completed flood hazard and levee critical area
information form, if necessary. Applications involving the
flood hazard or levee critical area may not be reviewed by
the Planning and Zoning Commission and Board of
Aldermen in the time frame outlined in this Section due to
the time required for additional agencies, such as the Corps
of Engineers and levee district, to review the application.
Section 5: Section 400.240.8.c.2 shall be amended and read as follows:
(2) Application submittal requirements. All final plat applications shall
include the following:
(a) A completed application form.
(b) Anon-refundable fee as established by the City.
(c) Map showing all surrounding land within 185 feet from the subject
property. The name of the property owner for all land within 185
feet designation shall be indicated on the map. Such information
shall be in a list format and be current and obtained from the
records of the County Assessor.
(d) Four (4) full size copies (not more than thirty-four (34) inches by
forty-four (44) inches) and one (1) reduced copy (eleven (11)
inches by seventeen (17) inches) of the final plat, including the
following information. The final plat shall be prepared by a land
surveyor licensed by the State of Missouri.
(i) Location, section, township, range, County and State; and a
legal description of the boundary with acreage of the
subdivision. The plat shall be based on an accurate traverse
and tied to the Geographic Reference System created in
conjunction with the Missouri Land Survey Program by the
Missouri Department of Natural Resources, Division of
Geology and Land Survey. The allowable error of closure
and positional accuracy of the boundary traverse, or any or
portion of the plat, shall be in accordance with that
provided in the current Minimum Standards for Property
Boundary Surveys, 10 CSR 30-2, Missouri Code of State
Regulations.
(ii) Name and address of the property owner, applicant and
design professional preparing the plat. ,
(iii) Preparer's stamp and signature.
(iv) Scale of the plat, which shall be one (1) inch equals one
hundred (100) feet or larger, unless specifically waived by
the Director of Planning and Economic Development or
their designees.
(v) Date and north arrow.
(vi) Title of the subdivision.
(vii) Location of property with respect to surrounding property
and streets; the names of all adjoining property owners of
record or the names of adjoining developments; the names
of adjoining streets.
(viii) Location and dimensions of all boundary lines of the
property.
(ix) Location and width of existing or platted streets, property
lines, easements, water bodies, streams and other pertinent
features such as swamps, railroads, parks, cemeteries,
drainage ditches and bridges.
(x) Location and width of all existing and proposed streets and
easements, alleys and other public ways and easements and
proposed street right-of--way and building setback lines.
(xi) Names of all proposed streets.
(xii) Location and dimensions of all property proposed to be set
aside for park or open space or other public or private
reservations, with designation of the purpose thereof and
conditions, if any, of the dedications or reservation.
(xiii) Locations, dimensions and areas of all proposed or existing
lots.
(xiv) Indication of the use of any lot (single-family, multi-family,
commercial).
(xv) Blocks shall be consecutively numbered or lettered in
alphabetical order. Blocks in numbered additions to
subdivisions bearing the same name shall be numbered or
lettered consecutively through the several additions.
(xvi) All lots in each block consecutively numbered. Outlots
shall be lettered in alphabetical order. If blocks are
numbered or lettered, outlots shall be lettered in
alphabetical order within each block.
(xvii) Notations explaining any of the following as may be
applicable: drainage easements, site easements,
reservations and endorsement of owners as follows:
Approved for filing:
Owner Date
(xviii) Proposals for cornne ction with existing water supply and
sanitary sewer systems or alternative means of providing
water supply and sanitary waste treatment and disposal;
provision for collection and discharging surface water
drainage.
(xix) All monuments erected, corners and other points
established in the field in their proper places. The material
of which the monuments, corners or other points are made
shall be noted at the representative thereof or by legend,
except that corner lots need not be shown. The legend for
metal monuments shall indicate the kind of metal, the
diameter, length and weight per lineal foot of the
monument.
(xx) A vicinity map showing streets and other general
development of the surrounding area.
(xxi) Notation indicating formal irrevocable offers of dedication
to the public of all streets, municipal uses, utilities, parks
and easements as follows:
"The owner or his/her representative hereby irrevocably
offers for dedication to the City all the streets, municipal
use, easements, parks and required utilities shown on the
subdivision plat and construction plans in accordance with
an irrevocable offer of dedication dated and recorded in the
County Recorder of Deeds' office.
By:
Owner or Representative
Date:
(xxii) Details of any proposed subdivision identification signs or
entrance markers.
(e) Current title report.
(f) The performance bond, if required, in a form satisfactory to the
City Attorney.
(g) An inspection fee in the amount prescribed in the fee schedule of
the City and written assurance from the public utility companies
and improvement districts that necessary utilities will be installed
and proof that the applicant has submitted petitions in writing for
the creation or extension of any improvement districts as may be
required in accordance with final plat approval.
(h) Copies of tax certificates from the County.
(i) Proof of ownership or control of the property or permission from
the property owner.
(j) A completed flood hazard and levee critical area information form,
if necessary. Applications involving the flood hazard or levee
critical area may not be reviewed by the Planning and Zoning
Commission and Board of Aldermen in the time frame outlined in
this Section due to the time required for additional agencies, such
as the Corps of Engineers and levee district, to review the
application.
Section 6: Section 400.240.9.c shall be amended and read as follows:
(c) Application submittal reguirements. All lot split applications shall include
the following:
(1) A completed application form.
(2) Anon-refundable fee as established by the City.
(3) Map showing all the surrounding land within 185 feet from the
subject property. The name of the property owner for all land
within 185 feet designation shall be indicated on the map. Such
information shall be in a list format and be current and obtained
from the records of the County Assessor.
(4) Four (4) full size copies (not more than thirty-four (34) inches by
forty-four (44) inches) and one (1) reduced copy (eleven (11)
inches by seventeen (17) inches) of the final plat, including the
following information. The final plat shall be prepared by a land
surveyor licensed by the State of Missouri.
(a) Location, section, township, range, County and State; and a
legal description of the boundary with acreage of the
subdivision. The plat shall be based on an accurate traverse
and tied to the Geographic Reference System created in
conjunction with the Missouri Land Survey Program by the
Missouri Department of Natural Resources, Division of
Geology and Land Survey. The allowable error of closure
and positional accuracy of the boundary traverse, or any or
portion of the plat, shall be in accordance with that
provided in the current Minimum Standards for Property
Boundary Surveys, 10 CSR 30-2, Missouri Code of State
Regulations.
(b) Name and address of the property owner, applicant and
design professional preparing the plat.
(c) Scale of the survey, which shall be one (1) inch equals one
hundred (100) feet or larger, unless specifically waived by
the Director of Planning and Economic Development or
their designees.
(d) Date and north arrow.
(e) Location and width ofright-of--way and name of each
existing or platted street or other public way, railroad and
utility right-of--way, parks and other open spaces and the
permanent buildings, within or adjacent to the proposed
minor subdivision.
(f) All existing sewers, water mains, gas mains, culverts or
other underground installations within the subdivision, or
immediately adjacent thereto, with pipe size and location
shown.
(g) Names of adjacent subdivisions, if any, and owner of
adjacent parcels of unsubdivided land:
(h) Layout, tract and lot identification labels and approximate
dimensions of lots.
(i) Building setback lines with dimensions.
(j) Indication of any lots on which a use other than residential
is proposed.
(k) A written and signed statement explaining how the
applicant proposes to provide water and treatment of
wastewater for each of the lots.
(1) A vicinity sketch, at a legible scale, to show the relation of
the subdivision to its surroundings. Utility connections
must be shown on the sketch.
(5) Copies of tax certificates from the County.
(6) Proof of ownership or control of the property or permission from
the property owner.
(7) A completed flood hazard and levee critical area information form,
if necessary. Applications involving the flood hazard or levee
critical area may not be reviewed by the Planning and Zoning
Commission and Board of Aldermen in the time frame outlined in
this Section due to the time required for additional agencies, such
as the Corps of Engineers and levee district, to review the
application.
Section 7: Section 400.250.4.b shall be amended and read as follows:
(b) Application submittal requirements. All minor development plan
applications shall include the following:
(1) A completed application form.
(2) Anon-refundable fee as established in Section 400.1110, Schedule
of Fees.
(3) Legal description of the subject property.
(4) Map showing all surrounding land within 185 feet from the subject
property. The name of the property owner for all land within 185
feet designation shall be indicated on the map. Such information
shall be in a list format and be current and obtained from the
records of the County Assessor.
(5) Four (4) full-size copies (not more than thirty-four (34) inches by
forty-four (44) inches) and one (1) reduced copy (eleven (11)
inches by seventeen (17) inches) of the development plan,
including the following:
(a) Site plan showing:
(i) The general location of the property.
(ii) Name and address of the property owner and
applicant.
r
(iii) Scale of the plan, which shall be one (1) inch equals
one hundred (100) feet or larger, unless specifically
waived by the Director of Planning and Economic
Development or their designees.
(iv) Date and north arrow.
(v) The layout of the property identifying setback lines,
existing and proposed improvements (buildings,
streets, parking areas, ingress and egress points,
loading areas, utilitarian areas, pedestrian facilities,
recreational facilities, retaining walls, etc.) and
natural areas.
(vi) Location and dimensions of existing and proposed
public streets (including right-of--way lines), water
lines, hydrants, sewer lines, stormwater
management facilities, easements, parks and other
publicly owned land or improvement.
(vii) Location and type of outdoor lighting.
(viii) Surrounding land uses, zoning districts and special
districts.
(ix) The names of adjacent property owners.
(b) Grading and erosion control plan showing existing and
proposed contours, with intervals of not more than two feet,
referred to U.S.G.S. extending fifty feet beyond the
property. In areas where grades are steep, the Director of
Planning and Economic Development or their designees
may require a lesser contour interval. (Applications for
exterior renovations need not include grading and erosion
control plans.l
(c) Stormwater calculations, prepared in accordance with
KCAPWA Section 5600, showing pre-development
conditions, post-development conditions, downstream
impact and any necessary mitigation. (Applications for
exterior renovations need not include stormwater
calculations.l
(d) Landscape plan showing any existing or proposed
screening, fencing and landscaping. (Applications for
exterior renovations need not include a landscape plan.)
(e) Plans and elevation views of all existing and proposed
buildings and structures or accessory structures, including
outdoor signs. (Applications for parking lot expansions
need not include building plans and elevation views.)
(f) A copy of any covenants or deed restrictions that are
intended to cover all or any part of the development.
(6) Copies of tax certificates from the County.
(7) Proof of ownership or control of the property or permission from
the property owner.
(8) A completed flood hazard and levee critical area information form,
if necessary. Applications involving the flood hazard or levee
critical area may not. be reviewed by the Planning and Zoning
Commission and Board of Aldermen in the time frame outlined in
this Section due to the time required for additional agencies, such
as the Corps of Engineers and levee district, to review the
application.
Section 8: Section 400.250.S.a.2 shall be amended and read as follows:
(2) Application submittal requirements. All preliminary development plan
applications shall include the following:
(a) A completed application form.
(b) Anon-refundable fee as established in Section 400.1110, Schedule
of Fees.
(c) Legal description of the subject property.
(d) Map showing all surrounding land within 185 feet from the subject
property. The name of the property owner for all land within 185
feet designation shall be indicated on the map. Such information
shall be in a list format and be current and obtained from the
records of the County Assessor.
(e) Four (4) full-size copies (not more than thirty-four (34) inches by
forty-four (44) inches) and one (1) reduced copy (eleven (11)
inches by seventeen (17) inches) of the development plan,
including the following:
(i.) Site plan showing:
(a) The general location of the property.
(b) Name and address of the property owner and
applicant.
(c) Scale of the plan, which shall be one (1) inch equals
one hundred (100) feet or larger, unless specifically
waived by the Director of Planning and Economic
Development or their designees.
(d) Date and north arrow.
(e) The layout of the property identifying setback lines,
existing and proposed improvements (buildings,
streets, parking areas, ingress and egress points,
loading areas, utilitarian areas, pedestrian facilities,
recreational facilities, retaining walls, etc.) and
natural areas.
(fj Location and dimensions of existing and proposed
public streets (including right-of--way lines), water
lines, hydrants, sewer lines, stormwater
management facilities, easements, parks and other
publicly owned land or improvement.
(g) Location and type of outdoor lighting.
(h) Surrounding land uses, zoning districts and special
districts.
(i) The names of adjacent property owners.
(ii) Grading and erosion control plan showing existing and
proposed contours, with intervals of not more than two feet,
referred to U.S.G.S. extending fifty feet beyond the
property. In areas where grades are steep, the Director of
Planning and Economic Development or their designees
may require a lesser contour interval.
(iii) Stormwater calculations, prepared in according with
KCAPWA Section 5600, showing pre-development
conditions, post-development conditions, downstream
impacts and any necessary mitigation.
(iv) Landscape plan showing any existing and proposed
screening, fencing and landscaping.
(v) Plans and elevation views of all existing and proposed
buildings and structures or accessory structures, including
outdoor signs. (Applications for parking lot expansions
need not include building plans and elevation views.)
(vi) A copy of any covenants or deed restrictions that are
intended to cover all or any part of the development.
(f) Copies of tax certificates from the County.
(g) Proof of ownership or control of the property or permission from
the property owner.
(h) A completed flood hazard and levee critical area information form,
if necessary. Applications involving the flood hazard or levee
critical area may not be reviewed by the Planning and Zoning
Commission and Board of Aldermen in the time frame outlined in
this Section due to the time required for additional agencies, such
as the Corps of Engineers and levee district, to review the
application.
Section 9: Section 400.250.S.b.2 shall be amended and read as follows:
(2) Application submittal requirements. All final development plan
applications shall include the following:
(a) A completed application form.
(b) Anon-refundable fee as established in Section 400.1110 Schedule
of Fees.
(c) Legal description of the subject property.
(d) Map showing all surrounding land within 185 feet from the subject
property. T'he name of the property owner for all land within 185
feet designation shall be indicated on the map. Such information
shall be in a list format and be current and obtained from the
records of the County Assessor.
(e) Four (4) full-size copies (not more than thirty-four (34) inches by
forty-four (44) inches) and one (1) reduced copy (eleven (11)
inches by seventeen (17) inches) of the development plan,
including the following:
(i.) Site plan showing:
(a) T'he general location of the property.
(b) Name and address of the property owner and
applicant.
(c) Scale of the plan, which shall be one (1) inch equals
one hundred (100) feet or larger, unless specifically
waived by the Director of Planning and Economic
Development or their designees.
(d) Date and north arrow.
(e) The layout of the property identifying setback lines,
existing and proposed improvements (buildings,
streets, parking areas, ingress and egress points,
loading areas, utilitarian areas, pedestrian facilities,
recreational facilities, retaining walls, etc.) and
natural areas.
(f) Location and dimensions of existing and proposed
public streets (including right-of--way lines), water
lines, hydrants, sewer lines, stormwater
management facilities, easements, parks and other
publicly owned land or improvement.
(g) Photometrics.
(h) Surrounding land uses, zoning districts and special
districts.
(i) The names of adjacent properly owners.
(ii) Grading and erosion control plan showing existing and
proposed contours, with intervals of five (5) feet or less
extending fifty (50) feet beyond the property.
(iii) Stormwater calculations, prepared in according with
KCAPWA Section 5600.
(iv) Landscape plan showing any existing and proposed
screening, fencing and landscaping.
(v) Plans and elevation views of all existing and proposed
buildings and structures or accessory structures, including
outdoor signs. (Applications for parking lot expansions
need not include building plans and elevation views.)
(vi) Master sign plan.
(f) Copies of tax certificates from the County.
(g) Proof of ownership or control of the property or permission from
the property owner.
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(h) A completed flood hazard and levee critical area information form,
if necessary. Applications involving the flood hazard or levee
critical area may not be reviewed by the Planning and Zoning
Commission and Board of Aldermen in the time frame outlined in
this Section due to the time required for additional agencies, such
as the Corps of Engineers and levee district, to review the
application.
Section 10: Section 400.260.4 shall be amended and read as follows:
(4) Application submittal requirements. All land disturbance permit
applications shall include the following:
a. A completed application form.
b. Anon-refundable fee as established in Section 400.1110 Schedule
of Fees.
c. Legal description of the subject property.
d. Map showing all surrounding land within 185 feet from the subject
property. The name of the property owner for all land within 185
feet designation shall be indicated on the map. Such information
shall be in a list format and be current and obtained from the
records of the County Assessor.
e. Description of the proposal.
Contoured development map showing existing contours of the site
and adjoining strips of non-site property and proposed contours
after completion of the proposed grading and development, based
on United State Geological Survey datum, with established
elevations at buildings, walks, drives, street and roads; and
information on necessary clearing and grubbing, removal of
existing structures, excavating, filling, spreading and compacting.
The Director of Planning and Economic Development or their
designees may require the development map to be prepared and
sealed by a licensed professional engineer or land surveyor.
g. An accurate proposed plot plan showing the location of the grading
site, a description of the type and features of the soil and details of
all structures, walls, cribbing and surface protection.
h. Name and address of the property owner.
Estimated grading quantity.
Details of site drainage system.
k. A proposed erosion and sediment control plan.
Construction access to the site.
m. Location of temporary off-street parking.
n. The estimated schedule of operation, including the dates of starting
and completion of grading work.
o. Sources of off-site fill material or soil sites and all information
relative to haul routes, trucks and equipment.
p. A recent aerial photograph or a detailed topographic map showing
tree canopy in the same scale as the development plan.
q. Erosions and sediment control plan providing the following
information with respect to the conditions existing on-site during
land disturbing or filling activities or soil storage and after final
structures and improvements have been completed:
(1) Maximum surface runoff from the site, calculated using the
adopted standards.
(2) Sediment yield, calculated using the adopted standards.
(3) A delineation and brief description of the measures
undertaken to retain sediment from the site including, but
not limited to, designs and specifications for berets and
sediment detention basins and a schedule for maintenance
and upkeep.
(4) A delineation and brief description of the surface runoff
and erosion control measures to be implemented including,
but not limited to, types and method of applying mulches,
designs and specifications for diverters, dikes and drains
and a schedule for their maintenance and upkeep.
(5) A delineation and brief description of the vegetative
measures to be used including, but not limited to, seeding
methods, the type, location and extent ofpre-existing
undisturbed vegetation types and vegetation to remain and
a schedule for maintenance and upkeep.
(6) Proposed conditions of the site in accordance with the
phases outlined in the adopted standards.
(7) Alternative methods of stabilizing the site when either
seeding was not performed in accordance with the schedule
or was performed and was not effective.
(8) The location and description of each temporary and
permanent erosion and sediment control measure.
(9) The estimated needed duration of the permit.
r. Copy of the State operating permit (also known as the stormwater
discharge permit) issued by the Water Pollution Control Program
of the Department of Natural Resources if one (1) or more acres
will be disturbed.
s. Surety. The applicant shall provide such escrow, bond or other
surety to guarantee the restoration, maintenance and rehabilitation
of the site if the project does not proceed in accordance with the
approved plans. The procedure for providing such surety shall be
as described in Section 400.790 Assurance for Completion of
Public Improvements.
Copies of tax certificates from the County.
u. Proof of ownership or control of the property or permission from
the property owner.
v. A completed flood hazard and levee critical area information form,
if necessary. Applications involving the flood hazard or levee
critical area may not be reviewed by the Planning and Zoning
Commission and Board of Aldermen in the time frame outlined in
this Section due to the time required for additional agencies, such
as the Corps of Engineers and levee district, to review the
application.
Section 11: Section 400.280.3 shall be amended and read as follows:
3. Application submittal requirements. All vacation applications shall
include the following:
a. A completed application form.
b. Anon-refundable fee as established in Section 400.1110 Schedule
of Fees.
c. Legal description of the area to be vacated.
d. Map showing all surrounding land within 185 feet from the subject
property. The name of the property owner for all land within 185
feet designation shall be indicated on the map. Such information
shall be in a list format and be current and obtained from the
records of the County Assessor.
e. Description of the proposal.
f. A completed flood hazard and levee critical area information form,
if necessary. Applications involving the flood hazard or levee
critical area may not be reviewed by the Planning and Zoning
Commission and Board of Aldermen in the time frame outlined in
this Section due to the time required for additional agencies, such
as the Corps of Engineers and levee district, to review the
application.
Section 12: Section 400.240.8.b.5 shall be amended and read as follows:
(5) Topography at the same scale as the preliminary plat with contour
intervals of not more then two feet, referred to U.S.G.S. In areas where
grades are steep, the Director of Planning and Economic Development or
their designees may require a lesser contour interval.
Section 13: Section 400.240.8.b shall be amended and read as follows:
b. Construction Plan Submittal: Following the approval of the preliminary plat and
prior to the submission of the final plat, the applicant shall have prepared by a
professional engineer, registered in the state of Missouri, public improvement
construction plans (which may also be referred to as engineering drawings)
consisting of complete construction drawings and specifications for all required
improvements. Construction plans shall be submitted to the Director or Planning
and Economic Development or their designees for review and approval. The
Director or their designees shall notify the applicant in writing once the
construction plans have been approved. Upon receiving such written notice, the
applicant may submit an applicant for a final plat. Construction plans shall be
drawn at a scale no larger than 1 inch equals 50 feet and map sheets shall be of the
same size as the preliminary plat. Construction plans shall contain the following:
(The remainder of Section 400.240.8.b is unchanged.)
Section 14: Section 400.250.2 shall be amended and read as follows:
Application types. The review process for development plan application shall
vary depending on the type of application submitted.
a. Minor development plan. The following situations shall be processed in
accordance with the provisions for a minor development plan.
(1) Additions to commercial, industrial or mixed-use structures
which are less then twenty-five percent (25%) of the existing
structure.
(2) Multi-family residential developments and attached single-
family dwelling units comprised of less than four (4) units.
(3) Parking lot expansions provided the total number of added
spaces is ten (10) or fewer.
(4) Exterior alterations to commercial, industrial or mixed-use
structures which include a change in materials.
(5) Any development not meeting the applicability criteria as stated
under major development plan below.
b. Major development plan. The following situations shall be processed in
accordance with the provisions of a major development plan.
(1) Any new commercial, industrial or mixed-use development
(2) Additions to commercial, industrial or mixed-use buildings
which are greater than twenty-five percent (25%) of the existing
structure.
(3) Multi-family residential developments and attached single-
family dwelling units comprised of four (4) or more units.
(4) Parking lot expansions which expand the lot by more than ten
(10) spaces.
(5) Any development possessing more than one (1) phase.
(6) A determination is made by the Director of Planning and
Economic Development or their designees that the applicant
may have a significant impact on adjacent property or the
community in general.
Section 15: Section 400.290.4 shall be amended and read as follows:
4. Review and action- Board of Zoning Adjustment. The Board of Zoning
Adjustment shall hold a public hearing on the requested variance within sixty (60)
days of the date that a complete application is files, provided that the required
notice can be given within that time. Following the close of the public hearing,
the Board of Zoning Adjustment shall table, approve, approve with modifications
or deny the application. The decision of the Board of Zoning Adjustment shall be
accompanied by a written finding of fact, based on sworn testimony and evidence,
specifying the reason for granting or denying the variance.
Section 16: Section 400.380.A.3 shall be amended and read as follows:
3. Creation of a variety of dwelling types in compatible arrangements that give the
home occupant greater choice in selecting types of environmental and living units.
Section 17: Section 400.380.A.4 shall be amended and read as follows:
4. Clustering of one (1) residential type for better use of land and open space.
Section 18: Section 400.380.B shall be amended and read as follows:
B. Permitted Uses /Classifications: Planned developments shall be classified
based upon the types of uses permitted within the development. Their shall be
four (4) types of planned developments:
Residential: Planned developments which consist of one (1) or more
dwelling types
Public /Semi-Public: Planned developments which consist of one (1) or
more non-residential uses of a religious, public or semi-public, cultural or
recreational character.
Commercial or Industrial: Planned Developments which consist of one
(1) or more commercial or industrial uses.
Mixed Use: Planned developments which consist of one (1) or more
residential, public /semi-public, and / or commercial or industrial uses.
Section 19: Section 400.380.E.6 shall be amended and read as follows:
6. The net density with in a "PD" District shall be computed by dividing the total
number of proposed dwelling units within the development by the gross
development acreage, less dedicated public right-of--way.
Section 20: Section 400.430.S.k.1 shall be amended and read as follows:
1. Street Layout. The layout of the streets should provide for an interconnected
street network, which allows for the safe operation of vehicles within the
development and surrounding neighborhood. Excessively wide streets encourage
high speed traffic and should be avoided.
Section 21: Section 400.460 shall be amended and read as follows:
Permitted residential uses and approved special uses shall be deemed to include accessory
uses, activities and structures that are generally considered to be permanent or semi-
permanent, necessarily and customarily associated with and appropriate, incidental and
subordinate to the principal residential uses and structures allowed in zoning districts.
Residential accessory uses, activities and structures shall be subject to the same
regulations that apply to principal uses and structures in each district, unless otherwise
stated in this Chapter. Residential accessory uses and structures shall include, but not be
limited to, the following:
1. Decks, patios, porches and other non-enclosed structures abutting the
residential structure.
2. Fences and walls subject to Section 400.560 Fences.
3. Garages and off-street parking and loading areas.
4. Gardens.
5. Gates and guard houses.
6. Guest houses or guest rooms, neither may include kitchen facilities,
provided such facilities are used for the occasional housing of guests of
the occupants of the principal building and not as rental units.
7. Home. occupations subject to Section 400.490(2) Home Occupations.
8. Playhouses, cabanas, and gazebos
9. Incidental household storage buildings /sheds.
10. Pools. Private swimming pools having a water depth of two (2) feet or
more are permitted, providing the following conditions are met:
a. A building permit is obtained.
b. The pool is located a minimum often (10) feet from any rear lot line
and in the case of corner lots, a minimum of fifteen (15) feet from
the side of the lot line and a minimum of twenty (20) feet from a
principal building on an adjoining lot.
11. Radio and television receiving antennas, non-commercial broadcast radio
towers and support structures, subject to Section 400.520(4)(b)
Exemptions from Height Standards.
12. Recreational and play facilities for multi-family residents.
13. Recycling enclosures.
14. Storage of recreational equipment such as boats, boat trailers, camping
trailers, converted buses or trucks, house trailers, provided that storage
shall be limited to private garages, side or rear yards of private homes and
in the driveways of private homes. All parking areas for recreational
vehicles or equipment shall be asphalt or concrete. Stored vehicles or
equipment shall not protrude onto public property or obstruct any
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sidewalks. Recreational vehicles or equipment shall not be stored within
required off-street parking spaces. No recreational vehicle shall be used
for living or sleeping purposes while on the premises for a period
exceeding fourteen (14) days in a calendar year.
15. Storm shelters and fallout shelters.
16.Other necessary and customary uses and structures determined by the
Director of Planning and Economic Development or their designees to be
appropriate, incidental and subordinate to the principal use or structure on
the lot, subject to compliance with any development and performance
standards imposed by the Director of Planning and Economic
Development or their designees to ensure land compatibility.
Section 22: Section 400.490 shall be amended and read as follows:
The following standards shall apply to all accessory uses and structures unless otherwise
specifically provided:
1. Permits:
a. The following residential accessory structures shall require a building
permit prior to construction:
1) Decks and porches
2) Fences and walls over three (3) feet in height
3) Garages
4) Gates and guard houses
5) Guest houses or guest rooms
6) Incidental household storage building /shed
7) Pools
8) Recycling enclosures for multi-family residences
b. All non-residential accessory structures shall require a building permit
prior to construction.
2. Ald accessory use structures.
a. Yard location. All accessory structures shall be located in the rear yard
with the exception of the following:
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1) Allowed in front yard. Fence, wall, deck, patio, porch, non-
enclosed off-street parking and loading areas (driveways),
gardens, gates and guard houses.
2) Allowed in side yard. Deck, patio, porch, fence, wall, detached
garage, off-street parking and loading areas (driveways),
gardens, gates and guard houses, recreational and play facilities
for residents, storm shelters and fallout shelters, accessory
offices, recycling enclosures.
b. Front setback No accessory structure, other than a fence, wall, non-
enclosed off-street parking and loading area (driveway), garden, gate or
guard house, shall be located within a required front setback.
c. Rear setback. Accessory structures shall not be required to comply with
rear setback standard that applies to principal uses. Accessory structures,
other then fences, walls, off-street parking and loading areas (driveways),
gardens, gates and guard houses, shall, however, be set back a minimum
often (10) feet from rear lot lines and side lot lines.
d. Side setback. No accessory structure, other than a fence, wall non-
enclosed off-street parking and loading areas (driveways), gardens, gates
or guard houses, shall be located with in a required side setback.
e. Setbacks from easements. No accessory structure, other than a fence, wall,
non-enclosed off-street parking and loading area (driveway), garden, gate
or guard house, shall be located within any platted or recorded easement
or over any known utility. The property owner assumes all liability for the
placement of accessory structures in an easement of over a known utility.
f. Height. No accessory structure shall exceed the maximum height
standards of the zoning district, unless specifically authorized.
g. Building separation. Unless attached to the principal structure, accessory
structures shall be located at least five (5) feet from any other structure.
h. Building coverage or building size. In residentially zoned districts the
maximum combined size for all accessory structures on lot shall be nine
hundred (900) square feet total. The maximum wall height for an
accessory in a residential zoned district shall be nine (9) feet.
i. Number of buildings. A maximum of two (2) detached accessory
buildings shall be permitted per lot in residentially zoned districts. This
calculation shall include buildings such as garages, guest houses, pool
houses and tool sheds, but shall not include buildings such as gazebos and
children's play structures.
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j. Architectural standards. Metal facades aze prohibited on accessory
structures.
3. Home Occupations. Home occupations shall be allowed as accessory use in any
residential zoning district, subject to the standazds of this Section.
a. Location and size. Home occupations shall be operated entirely within the
principal residential building and shall not occupy more than twenty-five
percent (25%) of the total floor azea of the principal residential building.
b. Outdoor storage and exterior appearance. There shall be no visible
exterior evidence of the conduct of a home occupation, except for a sign in
accordance with Section 400.700(A) Home Occupation Signs.
Specifically, no outdoor storage of materials or equipment shall be
permitted in conjunction with a home occupation.
c. Employees. No person shall be engaged in such home occupation other
than a person occupying such dwelling unit as their residence, provided
that in the case of a limited day Gaze facility, one (1) assistant not residing
in the home shall be allowed.
d. Operational standards. Home occupations shall be subject to Section
400.540 Operational Performance Standazds.
e. Parking. Pazking to serve a home occupation shall be provided off-street
and no such pazking shall be permitted within a residential setback, other
than in a driveway. In no event shall required setback shall be used for
off-street parking to serve a home occupation.
f. On-site product sales. No products shall be sold directly to customers
from the premises.
g. Prohibited home occupations. In no event shall any of the following uses
be or activities be conducted as home operations. (This list is for
emphasis only and does not constitute an exhaustive list of prohibited
activities.
1) Funeral Services
2) Hotel or motel
3) Medical office
4) Meat or animal processing
5) Retail sales that involves direct product sales to customers from
premises.
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6) Tourist homes.
7) Vehicle or equipment sales, rental or repair when the vehicle is
present on the property.
Section 23: Section 400.510 shall be amended and read as follows:
The following standards shall apply to all driveways serving single-family and duplex
residents: driveways shall be graded and paved with an approved asphalt, concrete or
paver brick over an approved base.
1. General Standards:
a. Off-street parking spaces shall be arranged so that no vehicle will back
directly onto a street. All private parking areas and circulation drives shall
be located off of the street right-of--way.
b. Access to property shall be allowed only by way of driveways, and no
other portion of the lot frontage shall be used for ingress or egress.
c. Any driveway design must allow an entering vehicle turning speed of 15
miles per hour to help reduce interference with through street traffic.
Radii of driveway shall be sufficient to achieve this standard for the types
of vehicles that the driveway is intended to serve.
d. There must be sufficient on-site vehicle storage to accommodate queued
vehicles waiting to park or exit, without interfering with street traffic.
e. Provisions for circulations between adjacent parcels should be provided
through coordinated or joint parking systems.
f. Driveway placement should be such that loading and unloading activities
will in no way hinder vehicle ingress or egress.
g. Driveway design must be such that vehicles entering the driveway from
the street will not encroach upon the exit lane of a two-way driveway.
Also, aright-turning exiting vehicle will be able to use only the first
through-traffic land available without encroaching into the adjacent
through-lane.
2. Right Turn Lanes and Tapers; Right turn lanes and taper shall be required when:
a. Expected right-turn ingress movements meet or exceed 50 vehicles per
hour during a typical weekday peak traffic period.
b. Driveway volumes are expected to meet or exceed 1,000 vehicles per day,
calculated using the Institute of Transportation Engineers site generated
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traffic standards for closest matching land use category as set forth in the
most recent edition of the ITE Trip Generation Manual.
c. The City Engineer can document, through traffic analysis, that such
treatment is necessary to avoid congestion and/or unsafe conditions on the
public arterial.
Driveway Grade_ The grade of a two-way, one-way or divided driveway shall not
exceed 2% for a minimum distance of 25 feet from the edge of the pavement.
4. Sight Distance: Direct-access driveways shall be located to allow the following
minumimum sight distance:
Desi n S eed of Street Minimum Si ht Distance eet
30 200
35 225
40 275
45 325
50 350
5. Driveway Spacing_
a. Arterial Streets: Direct access to an arterial street shall be permitted only
when the subject property has no other reasonable access to the street
system and only if the Planning and Zoning Commission, with the
recommendation of the City Engineer, determines that the proposed access
point onto the arterial street can be accommodated safely. When direct
access to an arterial street is approved by the Planning and Zoning
Commission, with the recommendation of the City Engineer, pursuant to
the requirements of this section, the following standards shall apply.
1) Spacing from Signalized Intersections: All driveways
providing access to arterial streets shall be constructed so
that the point of tangency of the curb return radius closest
to a signalized or stop sign-controlled intersection is at least
250 feet from the perpendicular curb face of the
intersecting street. In the event that this standard cannot be
met because of an unusually narrow or shallow lot size, the
Planning and Zoning Commission, with the
recommendation of the City Engineer, may reduce the
spacing so long as the reduction does not result in an unsafe
traffic condition.
2) Spacing from Other (Nonsignalized) Access Points: All
driveways providing access to arterial streets shall be
contracted so that the point of tangency of the curb return
radius closest to all nonsignalized street or driveway
intersections is at least 200 feet from the perpendicular curb
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face of the intersecting street or driveway. In the event that
this standard cannot be met because of an unusually narrow
or shallow lot size, the Planning and Zoning Commission,
with the recommendation of the City Engineer, may reduce
the spacing, provided the reduction does not result in an
unsafe traffic condition.
b. Waivers_ Waivers for these access standards may be approved by the
Planning and Zoning Commission with the recommendation of the City
Engineer, if the City Engineer determines that the requested waiver will
not create a serious detriment to the safety or operation of traffic on the
street or roadway based on the intensity of the uses permitted within the
zoning district. The Planning and Zoning Commission, with the
recommendation of the City Engineer, may require that the applicant for a
waiver submit a traffic analysis if it is determined that such an analysis is
necessary in order to render a competent decision on the requested waiver.
6. Driveways Per Parcel:
a. Unless otherwise specifically restricted, 1 driveway opening shall be
allowed per 200 feet of continuous street frontage. At least one driveway
shall be permitted for any lot.
b. Parcels with 200 feet of frontage or less may apply for a secondary
driveway if shared with an adjoining parcel, provided that the required
minimum spacing is maintained. In such cases, only 1 shared driveway
will be permitted.
Driveway Width;
a. One-Way Drives_ The width of the driveway shall not exceed 14 feet.
b. Two-way drives: The width of the driveway shall not exceed 35 feet.
Right-of-Way Work Permit: No construction, grading, excavation, repair or
reconstruction of any street, curb or gutter; or any sidewalk or driveway between
the street and property line shall be commenced without first obtaining aRight-of-
Way Work Permit from the Director of Planning and Economic Development or
their designees.
9. Surfacing: All driveways shall be surfaces with:
a. Five (5) inched of concrete
b. Six (6) inches of asphalt
c. Three (3) inches of asphalt combined with eight (8) inches of aggregated
base and subgrade base.
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Section 24: Section 400.590.A shall be amended and read as follows:
A. Applicability. The design standards of this Section shall apply in C-1 and
more intensive zoning districts to any new development, building addition
or exterior renovation that that requires a building permit from the City.
Review for compliance with these standards shall be conducted in
accordance with Section 250: Development Plan Applications.
Section 25: Section 400.590.B.3 shall be amended and read as follows:
3. Stucco: Including E.I.F.S. and Dryvit, but excluding pre-manufactured
panels unless otherwise approved by the Planning and Zoning Commission
and / or the Board of Aldermen.
Section 26: Section 400.640 shall be amended and read as follows:
SECTION 400.640: APPROVAL PROCEDURES
A. Approval of Master Sign Plans.
New Development: Master sign plans for new development shall be approved in
conjunction with a major development plan as outlined in Section 400.250
"Development Plan Applications."
Existing Development and Amendments: Master sign plans for developments
constructed or approved prior to the effective date of this Ordinance or
amendments to approved master sign plans shall be processed as a minor
development plan as outlined in Section 400.250 "Development Plan
Applications."
2. Master Sign Plan Submittal Requirements:
(a) The location of all buildings, parking lots, driveways and landscaped
areas on the lot or parcel.
(b) Computation of the maximum total sign area, the total number of signs,
the area of each sign, and the height of each sign.
(c) An accurate indication on the site plan of the location of any existing or
proposed sign.
(d) A depiction of each sign detailing the following: materials, lighting,
color scheme, lettering or graphic style, location of each sign on the
buildings, and sign proportions.
(e) A site plan of the facility's complex, at a scale of not less than one (1)
inch equals one hundred (100) feet.
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B. Permit Required: Except as otherwise provided in this Article, no sign shall be
installed, erected, structurally altered or relocated until a sign permit has been
issued by the City. Painted, cleaning or changing copy on legally existing signs
shall not require a permit, as long as the sign is not physically altered or enlarged.
Section 27: Section 400.910 shall be amended and read as follows:
A. Purpose: It is the purpose of this Section to promote the public health, safety, and
general welfare by establishing requirements to regulate development adjacent to
the L-385 Levee System.
B. Location: This section hereby establishes the Levee Critical Area as the area of
land extending 300 feet riverward and 500 feet landward from the centerline of the
L-385 Levee Project.
C. Regulations: Work within the Levee Critical Area must comply with all Corps of
Engineers guidelines, rules and criteria for construction on or adjacent to Federal
levees as well as other City requirements. Information concerning these criteria is
published in the "Guidance for Work Proposed Near or Within a Federally
Constructed Flood Control Project" from the Corps of Engineers, as well as the US
Army Corps of Engineers Website located at
"http://www.nwk.usace.army.mil/local~rotection/levees.html".
D. Variations. In conjunction with approval from the Levee District, the Director of
Planning and Economic Development may allow and applicant to vary from the
regulations of this Ordinance in order to allow development practices which better
accommodate the sensitive nature of the Levee Critical Area.
Section 28: Section 400.1070.C shall be amended and read as follows:
C. Fine for Violations: Violations of any provision of this Chapter are hereby declared
to be public offenses and, pursuant to the authority of Section 89.120, RSMo.,
Misdemeanors. The owner or general agent of a building or premises where a
violation of any provision of the regulations has been committed or exists or the
lessee or tenant of an entire building or entire premises where a violation has been
committed or exists or the owner, general agent, lessee or tenant of any part of the
building or premises in which a violation has been committed or exists or the
general agent, architect, builder, contractor or any other person who commits, takes
part in, or assists in any violation or who maintains any building or premises in
which any violation exists shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not exceeding $500.00 or be
imprisoned in the City or County Jail for a period not exceeding 90 days, or both a
fine and imprisonment. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as such
hereunder.
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Section 29: Section 400.1090 shall be amended to add the following:
Hazardous Operation: Activities that present the potential for serious hazards to human
life and health. Typical uses include arsenals, atomic reactors, explosives and fireworks
manufacture, hazardous waste disposal, medical waste disposal and radioactive waste
handling.
Indoor Recreation and Entertainment: A use offering recreation, entertainment or games
of skill to the public for a fee or charge and that is wholly enclosed in a building. Typical
uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors and
video game arcades.
Levee Critical Area: The critical area is generally considered the area from 300 feet
riverward to 500 feet landward of a flood control project centerline. In some instances
the critical area is extended beyond 500 feet if any impact on the flood control project can
be considered.
Outdoor Recreation and Entertainment: A use offering recreation, entertainment or
games of skill to the public for a fee or charge, wherein any portion of the activity takes
place in the open. Typical uses include archery ranges, batting cages, golf driving ranges,
drive-in theaters and miniature golf courses.
Utility, Major: Generating plants; electrical switching facilities and primary substations;
water and waste water treatment plants; water tanks; and similar facilities of agencies that
are under public franchise or ownership to provide the public with electricity, gas, heat,
steam, communication, rail transportation, water, sewage collection or other similar
service. The term "utility" shall not be construed to include corporate or general offices;
gas or oil processing; manufacturing facilities; postal facilities or other uses defined in
this Section.
Utility, Minor: Services and facilities of agencies that are under public franchise or
ownership to provide services that are essential to support development and that involve
only minor structures, such as poles and lines.
Section 30. The provisions of the Municipal Code of the City of Riverside, Missouri
amended herein shall not be construed to revive any former ordinance, clause or
provision of the Municipal Code of the City of Riverside, Missouri.
Section 31. The sections, paragraphs, clauses, and phrases of the Ordinance are
severable and if any portion of the Ordinance is declared unlawful by the valid judgment,
decree, or injunction order of a court of competent jurisdiction, such ruling shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the
Ordinance and all provisions of the Ordinance not specifically declared to be unlawful
shall remain in full force and effect.
Section 32. This Ordinance overrides any conflicting provision or regulation within
the Municipal Code of the City of Riverside, Missouri.
t'
i ~ r ti ~
Section 33. This ordinance shall take effect immediately.
Passed this ~ day of 2007.
Ma or Kathleen L. Rose
AT
C' Clerk