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HomeMy WebLinkAbout1671 Amending City Code Chapter 400 BILL NO:2019-034 ORDINANCE NO: sV L AN ORDINANCE AMENDING CITY CODE CHAPTER 400 WHEREAS, after due public notice in the manner prescribed by law, the Planning and Zoning Commission held a public hearing on July 11, 2019, and rendered a report to the Board of Aldermen recommending that Chapter 400 of the UDO be amended; and WHEREAS,after due public notice in the manner prescribed by law, the Board of Aldermen held a public hearing on July 16, 2019 to consider the proposed amendment to the UDO; and WHEREAS, the Board of Aldermen has determined that it is in the best interest of the City that the proposed amendments to Chapter 400 of the UDO be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE, MISSOURI, as follows: SECTION 1 — ADOPTION OF AMENDMENT. Section 400 of the City Code of the City of Riverside, Missouri is hereby added to read as follows (language to be added is underlined; language to be deleted contains a strilethfeugh): CHAPTER 400: UNIFIED DEVELOPMENT ORDINANCE ARTICLE I. GENERAL PROVISIONS SECTION 400.010: TITLE This Chapter shall be known and may be cited as the Unified Development Ordinance of the City of Riverside, Missouri and may be abbreviated as "UDO". It may also be referred to herein as the "Chapter" or "these regulations". (R.O. 2011 §400.010; Ord. No. 2006-170 §1, 12-19-06) 1 SECTION 400.020: AUTHORITY This Chapter is adopted pursuant to the authority granted to the City by Chapters 89 and 445, RSMo.,pursuant to the City's nuisance powers and pursuant to the City's Police powers. (R.O. 2011 §400.020; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.030: APPLICABILITY This Chapter shall be effective throughout the corporate limits of the City. Except where otherwise indicated, the provisions of this Chapter shall apply to all structures and land in the incorporated area of the City. Nothing herein shall be construed to preclude the City from adopting and enforcing extraterritorial zoning,planning, subdivision and building regulations pursuant to State law. (R.O. 2011 §400.030; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.040: PURPOSE The purpose of this Chapter is to: I. Promote health, safety, morals and a general welfare of the community, including its aesthetic appearance. 2. Lessen congestion in the streets. 3. Secure safety from fires, panic and other dangers. 4. Provide adequate light and air. 5. Prevent the overcrowding of land. 6. Avoid undue concentration of population. 7. Bring about the gradual conformity of the uses of land and buildings throughout the City. 8. Facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. 9. Protect and conserve the value of land throughout the City. 10. Provide a policy to efficiently process permits and other application forms by the City. (R.O. 2011 §400.040; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.050: INTERPRETATION In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the community. Where the conditions imposed by any provisions of this Chapter upon the use of land and buildings,the bulk of buildings, floor area requirements, lot area requirements and yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Chapter or any other law, ordinance, resolution, rule or regulation of any kind,the regulations which are more restrictive or which impose higher standards or requirements shall govern. (R.O. 2011 §400.050; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.060: RELATIONSHIP TO OTHER PROVISIONS OF THE CODE The use of buildings and land within the City is subject to all other applicable provisions of other City ordinances as well as this Chapter, whether or not the other provisions are specifically cross-referenced in this Chapter. Cross-references to the other provisions in this Chapter are for the convenience of the reader and the lack of a cross-reference should not be construed as an 2 indication that the other provisions do not apply. (R.0. 2011 §400.060; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.070: RELATIONSHIP TO THE COMPREHENSIVE MASTER PLAN AND OTHER POLICIES It is the intent of the City that this Chapter implements the goals, objectives and policies adopted for the City as reflected in the Comprehensive Master Plan adopted October 12, 2006 and updated in 2010, other planning documents and City policies. While the City reaffirms its commitment that this Chapter and any amendment made to it be in conformity with adopted planning policies, the City hereby expresses its intent that neither this Chapter nor any amendment thereto may be challenged merely on the basis of an alleged non-conformity with the Comprehensive Master Plan or other planning policy. (R.O. 2011 §400.070; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.080: RELATIONSHIP TO PRIVATE RESTRICTIONS The provisions of this Chapter are not intended to abrogate any deed, restriction, easement, covenant or other private agreement or restriction on the use of land. Provided, that where the provisions of this Chapter are more restrictive or impose higher standards than any such private restriction,the requirements of this Chapter shall control. Where the provisions of any private restrictions are more restrictive or impose higher standards than the provision of this Chapter, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restriction; private restrictions shall not be enforced by the City. (R.O. 2011 §400.080; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.090: PROHIBITIONS A. No building, structure or land shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose except in accordance with the provisions of this Chapter and other relevant City ordinances. B. No person may use, occupy or sell any land or building or authorize or permit the use, occupancy or sale of land or buildings except in accordance with the provisions of this Chapter and other relevant City ordinances. C. For purposes of this Chapter, the "use" or "occupancy" of land or a building relates to anything and everything that is done to, on or in that land or building. (R.O. 2011 §400.090; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.100: EXEMPTIONS The following structures and uses shall be exempt from the provisions of this Chapter: 1. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications (not including mobile, cellular or similar wireless communications), electricity, gas or water or the collection of sewage or surface water operated or maintained by a public utility but not including electric substations, water and wastewater treatment plants, lift stations or other similar facilities. 3 2. Railroad tracks, signals, bridges and similar facilities and equipment,located on a railroad right-of-way and maintenance and repair work on such facilities and equipment. 3. Public structures and buildings such as retaining walls, signs and traffic control devices located on public property. (R.O. 2011 §400.100; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.110: EFFECTIVE DATE The provisions of this Chapter are hereby adopted and become effective on the first(1 st) day of January, 2007. (R.O. 2011 §400.110; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.120: DEVELOPMENT UNDER PRIOR REGULATIONS A. Those regulations in effect immediately prior to the effective date of this Chapter shall be referred to in this Chapter as the "previous regulations". B. All permits issued by an administrative official or body or a legislative body acting in an administrative capacity, prior to the effective date of this Chapter, shall be valid until their expiration under the previous regulations. Applications for administrative permits submitted after the effective date of these regulations shall be reviewed and evaluated pursuant to the requirements of this Chapter, except as otherwise specified herein. C. Complete applications submitted prior to the effective date of this Chapter shall be processed under the previous regulations, except the applicant may request the application be processed under this Chapter. Incomplete applications submitted prior to the effective date of this Chapter and that are not submitted in a complete form until after the effective date of this Chapter shall be processed under this Chapter. Applications approved under the previous regulations, that are allowed to lapse or expire, will be subject to re-application under this Chapter. D. Legally existing uses and structures may continue either in compliance with these regulations or as a legal non-conforming use or structure. E. All non-conforming situations and uses shall be governed by Article XII Non-Conformities. (R.O. 2011 §400.120; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.130: ANNEXED TERRITORY Whenever any land shall be annexed to the City after the adoption of this Chapter, said land so annexed shall automatically be subject to the provisions of this Chapter and shall retain comparable zoning until public hearings are held after annexation to rezone the land. (R.O. 2011 §400.130; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.140: SEVERABILITY It is the City's intention that the Sections, Subsections, paragraphs, sentences, clauses and phrases of this Chapter are severable and if any Section, Subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree,the unconstitutionality or invalidity shall not affect any of the remaining Sections, Subsections,paragraphs, sentences, clauses or phrases of this Chapter and its applicability. (R.O. 2011 §400.140; Ord. No. 2006-170 §1, 12-19-06) 4 ARTICLE II. ADMINISTRATION SECTION 400.150: DIRECTOR OF COMMUNTY DEVELOPMENT A. Responsibility. The Director of Community Development or their designees shall be responsible for the administration of this Chapter. B. Powers And Duties. In administering this Chapter, the Director or their designees shall have the following powers and duties: 1. Enforce the regulations of this Chapter. 2. Act as the local administrator of the flood hazard and levee critical area regulations set forth herein, which shall include, but not be limited to, the following duties: a. Review all development proposals intended to occur within the flood hazard or levee critical area to ensure the proposal complies with this Chapter and that all necessary permits have been obtained from Federal, State or local governmental agencies or the levee district. b. Verify,record and maintain records of the actual elevation (in relation to mean sea level) of the lowest floor(including basement) of all new or substantially improved structures. c. Verify, record and maintain records of the actual elevation(in relation to mean sea level)to which the new or substantially improved non-residential structures have been floodproofed. d. Obtain certification from a registered professional engineer or architect when floodproofing techniques are utilized for a particular non-residential structure. e. Review all development proposals to determine whether such proposals will be reasonably safe from flooding. f. Notify adjacent communities and the State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency(FEMA). g. Ensure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished. h. Maintain and interpret all necessary maps delineating the flood hazard and levee critical area. If the exact boundaries of the levee critical area are contested, the Director shall confer with the levee district prior to making a determination as to the exact boundary. i. Review all correspondence from, and confer and cooperate with,the levee district in the review and final approval of all development proposals intended to occur in the levee critical area. 3. Receive, file and forward to the Board of Zoning Adjustment the records in all appeals and all other applications. 4. Maintain permanent and current records of this Chapter including, but not limited to, all zoning maps, amendments, rezonings, special use permits, variances, appeals and applications therefore.and records of hearings thereon. 5. Maintain for distribution to the public a supply of copies of the Zoning Map and this Chapter. 6. Provide such clerical, technical and consultative assistance as may be required by the Planning and Zoning Commission, Board of Zoning Adjustment, other boards, 5 commissions and officials in the exercise of their duties relating to this Chapter. (R.O. 2011 §400.150; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.160: PLANNING AND ZONING COMMISSION A. Membership. The previously established Planning and Zoning Commission is hereby continued. It shall consist of eight(8) citizen members, the Mayor and one (1)representative from the Board of Aldermen. Citizen members shall be appointed by the Mayor and approved by the Board of Aldermen. The Board of Aldermen representative shall be selected by their peers. B. Compensation. All members shall serve without compensation. C. Terms Of Office. Each member shall be appointed for a four(4) year term. There shall be no limit to the number of terms that may be served. D. Vacancies. Vacancies shall be filled by appointment by the Mayor with approval by the Board of Aldermen for the unexpired term. E. Removal. Any member may be removed by the Board of Aldermen for cause stated in writing and after a public hearing. F. Officers. The Planning and Zoning Commission shall elect a Chairperson and Vice Chairperson from among the citizen members. The term of the Chairperson shall be for one (1) year with eligibility for re-election. The Planning and Zoning Commission shall also elect for a term of one (1) year a Vice Chairperson who shall serve in the absence or disqualification of the Chairperson. G. Procedure. A quorum of five (5)members shall be required for a meeting to be held. Decisions on all issues brought before the Planning and Zoning Commission shall require a majority vote of those members present at the meeting. The Planning and Zoning Commission may adopt rules of procedure. The Planning and Zoning Commission shall hold regular meetings and special meetings as necessary. Any regular meeting of the Planning and Zoning Commission may be omitted, if in the sole discretion of the Chairperson there are too few items on the agenda to justify the expense of holding the meeting. Other meetings may be designated by the Planning and Zoning Commission or may be called by the Chairperson. H. Powers And Duties. The Planning and Zoning Commission shall have the power and duty to: 1. Make recommendations to the Board of Aldermen on all proposed zoning text amendments, rezonings of property and special use permits. 2. Make recommendations to the Board of Aldermen on proposed subdivisions of land. 3. Make recommendations to the Board of Aldermen as necessary for the development and use of land. 4. Make decisions as necessary for the development, disturbance and use of land. 5. Adopt and amend the City's Comprehensive Master Plan. 6. Make recommendations to the Board of Aldermen regarding plans,planning studies, general development and planning policies and infrastructure improvement programs, including the financing thereof. 7. Perform all other functions pursuant to State law. (R.O. 2011 §400.160; Ord. No. 2006-170 §1, 12-19-06; Ord.No. 1272 §1, 12-17-13) 6 SECTION 400.170: BOARD OF ZONING ADJUSTMENT A. Membership. The previously established Board of Zoning Adjustment is hereby continued and shall consist of five (5) citizen members appointed by the Mayor and approved by the Board of Aldermen. B. Compensation. All members shall serve without compensation. C. Terms Of Office. Each member shall be appointed for a five (5) year term, except the terms of appointment for the first (1st) Board shall be staggered as followed to assure continuity in the operations of the Board: two (2) members for five (5) years,two (2) members for four(4) years and one (1) member for three (3) years. There shall be no limit to the number of terms that may be served. D. Alternates. Three (3) alternate members may be appointed by the Mayor and approved by the Board of Aldermen to serve in the absence of or the disqualification of the regular members. Alternate members shall be appointed for terms of three (3) years each. E. Vacancies. Vacancies shall be filled by appointment by the Mayor with approval by the Board of Aldermen for the unexpired term. F. Removal. Any member and alternate may be removed by the Board of Aldermen for cause stated in writing and after a public hearing. G. Officers. The Board shall elect a Chairperson from among the members. The term of the Chairperson shall be for one (1) year with eligibility for re-election. The Chairperson may administer oaths and compel the attendance of witnesses. H. Procedure. The Board shall adopt its own rules of procedure in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. A quorum of four(4)members shall be required for a meeting to be held. The affirmative vote of four (4) members of the Board shall be required to approve any request, application or variance. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon question or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose. I. Powers And Duties. The Board of Zoning Adjustment shall have the following powers and duties: 1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Director of Community Development or their designees in the enforcement of these regulations or of any ordinance adopted pursuant thereto. 2. Hear and decide upon applications for use, area and flood hazard variances in accordance with the provisions of this Chapter. 3. Undertake such other responsibilities as may be required by this Chapter or by the Board of Aldermen. 4. In exercising the above mentioned powers, such Board may, in accordance with the provisions of this Chapter, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. (R.O. 2011 §400.170; Ord. No. 2006-170 §1, 12-19-06) 7 ARTICLE III. APPLICATIONS AND PROCEDURES Division 1. General Provisions SECTION 400.180: GENERAL PROVISIONS FOR ALL APPLICATIONS A. Authority To File Applications. Applications for amendment of any portion of this Chapter may be made by the City or any interested party. For all other applications,the Planning and Zoning Commission, Board of Aldermen or property owner or property owner's agent are authorized to submit the application. The City shall be authorized to require proof of legal authority to submit an application. B: Post-Application Conference. The applicant shall have a post-application conference, after filing an application with the Director of Community Development and any other necessary City staff to discuss the proposed project, procedures and requirements. C. Forms. All applications shall be submitted to the Community Development Department on forms provided by the City. Applications shall be accompanied by all submittal requirements and necessary information to facilitate review of the proposed project. D. Fees. At the time the application is submitted, the applicant shall pay all required fees. The fees are not transferable to other properties nor are they refundable, but refunds shall be granted if an error in the fee calculation is discovered. In regards to fees, re-applications shall be considered new applications and all required fees shall be paid. Fees shall be established by the City and are designed to defray the cost of processing the application. (See Section 400.1110 Schedule of Fees.) E. Levee District Review Fees. All costs incurred by the City in preparing, reviewing and processing an application involving the levee district, which are not otherwise covered by the originally submitted fee, shall be paid by the applicant. F. Determination Of Complete Application. No application shall be considered complete until all items in support of the application, as required by this Article, have been submitted and all fees paid. Applications shall be reviewed for completeness within approximately five (5) days of submission. If the application is determined to be complete, it shall enter the application processing cycle as outlined by the development guide. A determination of completeness shall not constitute a determination of compliance with the requirements of this Chapter. Incomplete applications shall be returned to the applicant with a statement as to what sections are incomplete and no action shall be taken until all deficiencies are remedied. If an application has not been deemed complete within three (3) months from the date of original submission, the application shall be dismissed. G. Preparation Of Plans, Plats, Etc. Unless otherwise allowed by the Director of Community Development or their designees, all plans, plats, buildings, elevations, etc., must be prepared by an urban design professional, including planners, landscape architects, architects,professional engineers or licensed land surveyors. H. Submission Of Technical Studies. The Director of Community Development or their designees, City Engineer, Planning and Zoning Commission or Board of Aldermen may require applicants requesting development or permit approval to submit such technical studies as may be necessary 8 to enable the body to evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geological or hydrologic studies, environmental impact assessments or noise studies. The person or firms preparing the studies shall be subject to the approval of the Director of Community Development or their designees. The costs of preparing and reviewing all studies shall be borne by the applicant. I. Application Processing Cycles. The Director of Community Development or their designees, after consulting with the Planning and Zoning Commission and Board of Aldermen, may from time to time promulgate a processing cycle for each type of application. Processing cycles shall be further outlined by the development guide. Processing cycles may include: 1. Dates of regular meetings of review bodies and decision makers. 2. Deadlines for receipt of a complete application for consideration of such application at a particular meeting. 3. The scheduling of staff reviews and staff'reports on complete applications. 4. All required steps in the application process (including public hearings, decisions meetings and review by other bodies). 5. The publication of required notices of public hearings. J. Withdrawal. Once filed, an application may be withdrawn upon a written notice to the Director of Community Development or their designees without a refund of fees. K. Inactive Application. Should any application remain inactive for a period of three (3)months, it shall be considered withdrawn unless the applicant petitions the Planning and Zoning Commission requesting an extension. The request shall include written reason why the application has remained inactive and a schedule indicating when the application will again be active. L. Resubmission. Whenever any application has been finally acted upon by the decision-making body and the decision of the decision-making body has been adverse to the applicant,the decision-making body shall not, for a period of six (6) months from the date of its decision, receive or entertain any identical or similar application seeking the same or similar request as stated in the application first denied. M. Sunset. If no action is taken on an approved application within one (1) year from the date the application was approved, the decision of the decision-making body shall sunset and the application approval shall become void, unless otherwise specified in this Article. N. Actions By Decision-Making Bodies. Decision-making bodies may take any action on an application that is consistent with any notice given including, but not limited to, approving the application, approving the application with modifications or denying the application. The decision-making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application. Decision-making bodies may not approve a greater density of development, a more intensive use or a more intensive zoning district than was indicated in the notice. O. Inaction By Review Or Decision-Making Bodies. When a review body fails to take action on an application within the time required, such inaction shall be deemed a recommendation for denial of the application unless otherwise provided by law or unless the applicant requests or agrees to an extension of the time frame. When a decision-making body fails to take action on an application within the time required, such inaction shall be deemed a denial of the application 9 unless otherwise provided by law or unless the applicant requests or agrees to an extension of the time frame. P. Conditional Approvals. In the consideration of any application authorized by this Chapter, the recommending and the approving authority may stipulate that the recommendation or approval, as the case may be, is subject to compliance with certain specified conditions or standards as are reasonably necessary to ensure compliance with applicable standards stated in this Chapter and to promote the public health, safety, comfort and general welfare of the community. Q. Review Criteria For Considering Applications. In considering any application the recommending and decision-making bodies shall give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The bodies may also consider other factors that may be relevant to a particular application. 1. The impact the proposal would have on the general health, safety and welfare of the citizens of the City. 2. Whether the proposal is consistent with the intent and purpose of this Chapter. 3. Whether the proposal is consistent with the Comprehensive Master Plan and other adopted planning policies. 4. Whether the proposal is consistent with the City Municipal Code and other adopted policies. 5. The extent to which public facilities and services are a"vailable and adequate to meet the demand generated by the proposal. 6. The recommendation of professional staff. 7. The precedents and the possible impact of such precedents that might result from approval or denial of the application. 8. The character of the surrounding neighborhood. 9. The existing and any proposed zoning and uses of adjacent properties and the extent to which the proposal is compatible with the adjacent zoning and uses. 10. The extent to which the proposal will impact the property and neighboring property. 11. The suitability of the property for the uses to which it has been restricted under the existing zoning district regulations. 12. The length of time, if any, the property has remained vacant as zoned. 13. The economic impact of the proposal on the community. 14. The extent to which there is a need for the use in the community. 15. Whether the proposal is made necessary because of changed or changing regulatory requirements, social values, new planning concepts or other social or economic conditions. R. Relationship To Building, Public Works And Other Permits And Approvals. The approval of any application shall not exempt the applicant from obtaining all necessary building,public works and other permits and approvals as required by the City Municipal Code. (R.O. 2011 §400.180; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.190: PUBLIC HEARING AND NOTICE PROVISIONS A. Applicability. A public hearing shall be conducted by the Planning and Zoning Commission and the Board of Aldermen on the following types of applications: zoning text amendment, rezoning, special use permit, preliminary plat, and preliminary development plan.. A public hearing shall be conducted by the Board of Zoning Adjustment on the following types of applications: variance. 10 B. Conduct Of Hearing. Any person or persons may appear at a public hearing and submit relevant evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his or her name, address and if appearing on behalf of an organization,the name and mailing address of the organization for the record. The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. C. Continuance Of Hearing. The body conducting the hearing may, on its own motion or at the request of any person, continue the hearing. The hearing may be continued to another date without further notice other than a motion to be entered upon the minutes fixing the date,time and place of the subsequent hearing. D. Notice Provisions. Notification of all public hearings required by this Chapter shall be provided in accordance with the following: 1. Contents. Any notice of a public hearing required by these regulations shall contain the following information: a. Date, time and location of the public hearing. b. Subject of the hearing, including the type of approval sought. c. Street address or general location and/or legal description of the property which is the subject of the public hearing. d. The applicant's name. 2. Publication. Notice of a public hearing shall be published in a newspaper of general circulation in the City at least fifteen (15) days prior to the hearing. 3. Mailed Notice. Mailed notice of a public hearing shall be required for all applications that require a public hearing and affect a particular property or area, with the exception of vacations. The City shall send notices by certified or registered mail, return receipt requested, to property owners within one hundred eighty-five (185) feet from the exterior boundaries of the subject property. Such notice shall be sent at least fifteen(15) days prior to the hearing. Failure of a property owner to receive written notice shall not invalidate any action taken on the application. 4. Posted Notice. The City will post notice of a public hearing on the subject property, except for vacations. The City shall make a good faith effort to place and maintain the sign on the property for at least fifteen (15) days immediately preceding the date of the hearing,through the hearing and through any continuances of the hearing. The sign shall be placed so that it is readily visible to the public. If the property contains more than one (1) street frontage, one (1) sign shall be placed on each street frontage so as to face each of the streets abutting the land. Failure by the City to post such notice shall not invalidate any action taken on the application. 5. Constructive Notice. Minor technical deviations from stated notice requirements shall not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing. When written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, requirements for the timing of notices and for specifying the time, date and place of public meetings shall be strictly construed. Where there is a question raised regarding the adequacy of notice, the body hearing the matter may make a formal finding at the public hearing about whether there was substantial compliance with the notice requirements of this Article. E. When Required And How Given. The following chart specifies when notice shall be given and in what manner. '11 INOTICE REQUIREMENTS TABLE TYPE OF APPLICATION ITYPE OF NOTICE REQUIRED oning text amendment Rezoning Special use permit Preliminary plat Preliminary development plan Vacation Variance (R.O. 2011 §400.190; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.200: PROCEDURE FOR APPLICATIONS PERTAINING TO THE LEVEE CRITICAL AREA Applications involving land within the levee critical area shall be reviewed by the levee district. Applications which may require review by the levee district include: rezoning, special use permit,platting, development plan, land disturbance, vacation, variance and appeals of administrative interpretations and decisions. Due to the additional review, such applications may not follow the time frames outlined in this Article. The procedure for reviewing applications involving land within the levee critical area shall include the steps outlined in this Article for the specific application type, as well as the following additional procedures: 1. The City shall forward the application to the levee district for their review. 2. The levee district shall submit all comments to the City. The City will forward such comments to the applicant. Any revised plans shall be submitted to the City and the City will forward such plans to the levee district. 3. Prior to the City taking action on the application,the levee district shall submit a statement to the City stating: a. The work proposed in the submitted development plans has no adverse impact on the flood protection project. b. All costs and expenses related to review of the application have been paid or reimbursed to the levee district. (To ensure all costs and expenses have been paid in full prior to the City taking action on the application,the levee district shall bill the City and the City shall collect the appropriate sum from the applicant.) (R.O. 2011 §400.200; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.210: ORDINANCE TEXT AMENDMENT APPLICATIONS This Section sets out the required review procedures and review criteria for amendments to the text of this Chapter. 1. Post-application conference. After submitting an ordinance text amendment application, the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. 2. Application submittal requirements. All ordinance text amendment applications shall include the following: a. A completed application form. b. A non-refundable fee as established in Section 400.1110 Schedule of Fees. 12 c. Description of the proposal. 3. Review and report--Director of Community Development. The Director of Community Development or their designees shall prepare a staff report that reviews the proposed amendment in light of the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. The Director shall make available a copy of the report to the Planning and Zoning Commission prior to the scheduled Planning and Zoning Commission public hearing. 4. Review and recommendation--Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen. The recommendation of the Planning and Zoning Commission shall contain a statement describing the nature and effect of the proposed amendment and explaining: a. Whether such change is consistent with the intent and purpose of this Chapter. b. The areas that are most likely to be directly affected by the amendment and in what way they will be affected. c. Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other social or economic conditions. 5. Review and action--Board of Aldermen. The Board of Aldermen shall hold a public hearing on the proposed ordinance text amendment within thirty(30) days of the close of the Planning and Zoning Commission's public hearing. The Board of Aldermen shall act to table,'approve, approve with modifications or deny the proposed amendment within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the amendment. 6. Review criteria. In reviewing all ordinance text amendment applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. (R.O. 2011 §400.210; Ord.No. 2006-170 §1, 12-19-06) Division 2. Rezoning Applications SECTION 400.220: REZONING APPLICATIONS This Section sets out the required review procedures and review criteria for rezoning applications. 1. Post-application conference. After submitting a rezoning application,the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. 2. Application submittal requirements. All rezoning applications shall include the following: a. A completed application form. b. A non-refundable fee as established in Section 400.1110, Schedule of Fees. c. Legal description of the subject property. d.. Description of the proposal. e.. Copies of tax certificates from the County. 13 f.. Proof of ownership or control of the property or permission from the property owner. g..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. 3. Review and report--Director of Community Development. The Director of Community Development or their designees shall prepare a staff report that reviews the proposed rezoning in light of the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. The Director shall make available a copy of the report to the Planning and Zoning Commission prior to the scheduled Planning and Zoning Commission public hearing. 4. Review and recommendation--Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed rezoning within sixty (60) days of the date that a complete application is filed,provided that the required notice can be given within that time. Following the close of the public hearing,the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen. 5. Review and action--Board of Aldermen. The Board of Aldermen shall hold a public hearing on the proposed rezoning within thirty(30) days of the close of the Planning and Zoning Commission's public hearing. The Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed rezoning within sixty(60) days of the date of the close of the Board of Aldermen public hearing on the rezoning. 6. Review criteria. In reviewing all rezoning applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. 7. Protest petitions. In order to be considered valid, a protest petition must be duly.signed and acknowledged by the owners of thirty percent(30%) or more, either of the areas of the land(exclusive of streets and alleys) included in such proposed change or within an 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. If a valid protest petition is submitted to the City at least ten (10) days prior to Board of Aldermen final action on the application, a rezoning shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen. 8. Adoption by ordinance. Rezonings shall be approved by the Board of Aldermen in the form of an ordinance. Approved rezonings shall be indicated on the official Zoning Map by the Director of Community Development or their designees promptly after the ordinance authorizing the rezoning is adopted. (R.O. 2011 §400.220; Ord. No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §1, 5-15-07) Division 3. Special Use Permit Applications SECTION 400.230: SPECIAL USE PERMIT APPLICATIONS This Section sets out the required review procedures and review criteria for special use permit applications. 14 1. Post-application conference. After submitting a special use permit application, the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. 2. Application submittal requirements. All special use permit applications shall include the following: a. A completed application form. b. A non-refundable fee as established in Section 400.1110, Schedule of Fees. c. Legal description of the subject property. d.. Description of the proposal. e.. Copies of tax certificates from the County. f.. Proof of ownership or control of the property or permission from the property owner. g..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. 3. Review and report--Director of Community Development. The Director of Community Development or their designees shall prepare a staff report that reviews the proposed special use permit in light of the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. The Director shall make available a copy of the report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing. 4. Review and recommendation--Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed special use permit within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen. In acting on special use permits, the Planning and Zoning Commission shall be authorized to recommend such conditions, safeguards, restrictions or time frames upon the premises benefited by the special use permit as may be necessary to reduce or minimize any potentially injurious effect upon other property in the area or to carry out the general purpose and intent of this Chapter, so long as the condition, safeguard or restriction relates to a situation created or aggravated by the proposed use. 5. Review and action--Board of Aldermen. The Board of Aldermen shall hold a public hearing on the proposed special use permit within thirty (30) days of the close of the Planning and Zoning Commission's public hearing. The Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed special use permit within sixty(60) days of the date of the close of the Board of Aldermen public hearing on the special use permit. 6. Conditions for approval. Special use permits may be-approved with conditions, safeguards, restrictions or time frames including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site and traffic circulation; limitation on signage; limitation on hours of operation and 15 other characteristics of operation; requirements of periodic review; time limits on the validity of the permit; and other conditions deemed necessary to ensure compatibility with surrounding land uses. 7. Review criteria. In reviewing all special use permit applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. 8. Protest petitions. In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of thirty percent(30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposal or within an area determined by lines drawn parallel to and one hundred eighty-five (18 5) feet distant from the boundaries of the subject property. If a valid protest petition is submitted to the City at least ten(10) days prior to Board of Aldermen final action on the application, a special use permit shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen. 9. Expiration. Approval of a special use permit shall expire and the special use permit shall be null and void should any of the following circumstances occur: a. A building permit to effectuate the special use is not obtained within twelve (12) months from the date of approval. b. If a building permit is not required, substantial evidence of the use is not filed with the Director of Community Development or their designees within twelve (12) months from the date of approval. c. The approved special use ceases operation for a period of twelve (12) consecutive months. The twelve (12) month time period may be extended by up to six (6) months if the applicant submits a written request to the Director of Community Development or their designees for extension prior to the expiration of approval. d. The approved use changes site location. 10. Revocation. If there is a violation of, or non-conformance with, any of the terms of approval, the special use permit shall be subject to revocation by resolution of the Board of Aldermen after a public hearing is held. 11. Vesting of rights. a. The mere issuance of a special use permit gives no vested rights to the permit holder. b. A right to continue a specially permitted use shall vest only if the project is constructed and the use actually started. c. The right to continue a special use that was permitted prior to the effective date of this Chapter shall last only as long as specified by the special use permit,provided all conditions of said approval continue to be met. d. Uses that are allowed without a special use permit prior to the effective date of this Chapter, but are designated as special uses in this Chapter, shall be allowed to continue as non-conforming uses provided the requirements of Article XII Non-Conformities are satisfied. 12.Amendments. The procedure for amending a special use permit shall be the same as required for the original approval. (R.O. 2011 §400.230; Ord.No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §2, 5-15-07) Division 4. Platting Applications 16 SECTION 400.240: PLATTING APPLICATIONS--GENERALLY This Division sets out the required review procedures and review criteria for platting applications. 1. Applicability. Platting shall be required for any of the following: a. Reconfiguration of an established lot or lots. b. Division of land into two (2) or more parcels. c. Development on one (1) or more contiguous parcels not previously platted. d. Development that involves the construction of any public improvements that are to be dedicated to the City. 2. Limitations. No land shall be subdivided within the incorporated area of the City until the subdivider or their agent has submitted the appropriate plats to the City for review and approval and until the approved plat is filed with the County Recorder of Deeds. No building permit or certificate of occupancy shall be issued for any parcel or plot of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this Chapter and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations. 3. Character of the land. Land which the Planning and Zoning Commission or Board of Aldermen finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of inhabitants of the land and surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning Commission and Board of Aldermen, upon recommendation of the Director of Planning and Economic Development or their designees, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses which shall not involve such a danger. (R.O. 2011 §400.240(1--3); Ord. No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §§3--6, 12--13, 5-15-07) SECTION 400.241: CONDOMINIUM PLATS A. Any proposed development of property using the condominium form of ownership shall be treated by the City the same as a physically identical development under a different form of ownership. B. In addition to any submission requirements in this Chapter for a rezoning application, special use permit application, development plan application or plat application,the Director of Community Development or their designees may require the applicant using the condominium form of ownership to submit with the application the condominium declaration and the condominium plat that are prepared in accordance with Chapter 448, RSMo. (R.O. 2011 §400.240(4); Ord. No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §§3--6, 12-43, 5-15-07) SECTION 400.242: APPLICATION TYPES The review process for plats shall vary depending on the type of platting application submitted. 1. Minor subdivision. Situations involving the following actions shall be processed in accordance with the procedures for a minor subdivision application, provided all lots 17 have frontage on an existing street and the construction of new streets, the extension of City facilities or the creation of any public improvements is not required. a. A division of land into no more than three (3) lots. b. An adjustment in boundaries between adjoining platted lots. c. An adjustment of building lines. d. A resurvey to combine two (2) or more lots or portion of lots into one (1) lot. 2. Major subdivision. A plat including four(4) or more lots or that requires new streets, the extension of City facilities or the creation of any public improvements shall be processed in accordance with the procedures for a major subdivision application. 3. Lot split. A plat which divides a previously platted piece of land into five (5) or fewer lots shall be processed in accordance with the procedures for a lot split application, provided the division is to accommodate zero lot line development or patio home developments and the construction of new streets, the extension of City facilities.or the creation of any public improvements is not required. (R.O. 2011 §400.240(5); Ord. No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §§3--6, 12--13, 5-15-07) SECTION 400.243: OVERVIEW OF PROCESS The review process for a minor subdivision involves one (1) step: final plat review. The review process for a major subdivision involves three (3) steps: preliminary plat review, construction plan review and final plat review. The review process for a lot split involves one (1) step: administrative lot split review. (R.O. 2011 §400.240(6); Ord.No. 2006-170 §l, 12-19-06; Ord. No. 2007-47 §§3--6, 12--13, 5-15-07) SECTION 400.244: MINOR SUBDIVISION A. Post-application conference. After submitting a minor subdivision application,the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. Prior to or as part of the post-application conference,the applicant shall submit a sketch plat showing their ideas and intentions for the platting of the proposed subdivision. The sketch plat shall show all existing and proposed buildings, utilities, sanitary sewers, drainage structures and other features pertinent to the proper subdivision of land. The sketch plat shall be reviewed by the Director of Community Development or their designees and other necessary City staff. Following their review,the reviewing staff shall confer with the applicant to discuss any matters that will assist the applicant in preparing a minor subdivision final plat. B. Application submittal requirements. All minor subdivision applications shall include the following: 1. A completed application form. 2. A non-refundable fee as established in Section 400.1110, Schedule of Fees. 3. Legal description of the subject property. 4. Two (2) full-size copies (not more than thirty-four(34) inches by forty-four(44) inches), one (1)reduced copy(eleven(11) inches by seventeen(17) inches), and one (1) electronic copy 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 18 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 Community Development or their designees. d. Date and north arrow. e. Location and width of right-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. 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. C. Review And Report--Director Of Community Development. The Director of Community Development or their designees shall prepare a staff report that reviews the proposed minor subdivision application in light of the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. The Director shall make available a copy of the report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission meeting. D. Review And Recommendation--Planning And Zoning Commission. The Planning and Zoning Commission shall review the minor subdivision application within sixty (60) days of the date that a complete application is filed. After reviewing the application, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its recommendation and proceedings to the Board of Aldermen. E. Review And Action--Board Of Aldermen. The Board of Aldermen shall review the minor subdivision application within thirty (30) days of the Planning and Zoning Commission's recommendation. After reviewing the application, the Board of Aldermen shall act to table, 19 approve, approve with modifications or deny the proposed minor subdivision. F. Review Criteria. In reviewing all minor subdivision applications,the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. G. Approval Of Minor Subdivision. Approval of the minor subdivision application shall confer upon the applicant the right to obtain the necessary signatures in order to record the approved plat with the County Recorder of Deeds. H. Submissions. Prior to the recording of the plat,the applicant shall submit to the City the following: 1. Copies. Sufficient paper and mylar copies of the plat with all appropriate signatures. 2. Digital plat. A digital file of the plat in a format acceptable to the City and which conforms to the formatting standards, layering system and text styles of the City. I. Recording Of The Plat. No plat shall be recorded or filed with the County Recorder of Deeds until such plat has been approved by the Board of Aldermen.The City will be responsible for filing the approved plat with the County Recorder of Deeds. J. Building And Other Permits. An approved plat must be recorded with the County Recorder of Deeds and evidence of such submitted to the Director of Community Development or their designees before the land may be sold as lots and before building permits and occupancy permits shall be issued. K. Reclassification Of Minor Subdivision. The development of successive minor subdivisions by the same owner or developer or by a person in privity with the owner or developer, so as to circumvent the procedures for a major subdivision, shall be prevented. Whenever a minor subdivision is developed from the same general tract of land as a previously developed minor subdivision or where successive minor subdivisions are developed so as to constitute a major subdivision within the meaning of these regulations, the entire development shall be treated as a major subdivision and require adherence to the provisions of these regulations pertaining to major subdivisions. (R.O. 2011 §400.240(7); Ord.No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §§3--6, 12--13, 5-15-07) SECTION 400.245: MAJOR SUBDIVISION The review process for major subdivisions involves three (3) steps: preliminary plat review, construction plans review and final plat review. 1. Preliminary plat. a. Purpose. A preliminary plat shall be required for the general subdivision of land to ensure the layout of a proposed subdivision conforms to this Chapter, the Comprehensive Master Plan and City policy. An approved preliminary plat is required prior to the consideration of a final plat application. b- Post-application conference. After submitting a preliminary plat application, the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. Prior to or as part of the post-application conference, the applicant shall submit a sketch plat showing their ideas and intentions for the platting of the proposed subdivision. The sketch plat shall show all existing and proposed buildings, utilities, sanitary sewers, drainage structures and other features pertinent to the proper subdivision of land. The sketch plat shall be reviewed by the Director of Community Development and other necessary City staff. Following their review, the reviewing staff shall confer with the applicant to discuss any matters that 20 will assist the applicant in preparing a preliminary plat. c. Application submittal requirements. All preliminary plat applications shall include the following: (1) A completed application form. (2) A non-refundable fee as established in Section 400.1110, Schedule of Fees. (3) (4) Two (2) full-size copies (not more than thirty-four (34) inches by forty-four (44) inches), one (1) reduced copy (eleven(11) inches by seventeen (17) inches), and one (1) electronic of the preliminary 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, applicant and design professional preparing the plat. (c) Preparer's stamp and signature. (d) Scale of the plat, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Director of Community Development or their designees. (e) Date and north arrow. (f) Title of the subdivision. (g) Topography with contour intervals of not more than two (2) feet, referred to U.S.G.S. In areas where grades are gentle,the Director of Community Development or their designees may require a lesser contour interval. (h) 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. 21 (i) Location and dimensions of all boundary lines of the property. (j) 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. (k) 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. (1) Names of all proposed streets. (m)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. (n) Locations, dimensions and areas of all proposed or existing lots. (o) Indication of the use of any lot(single-family,multi-family, commercial). (p) 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. (q) 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. (r) 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 (s) 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. (t) A vicinity map showing streets and other general development of the surrounding area. (u) The preliminary plat shall identify all required improvements together with preliminary engineering calculations. (5) Current title report. (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. d. Review and report--Director of Community Development. To coordinate and facilitate review of the preliminary plat, the Director of Community Development or their designees shall solicit and receive the review comments of City staff, 22 appropriate officials of the County, State or other governmental agencies,parks and recreation agencies and the school district.- The agencies, departments and persons -- — - - - noted in this Section shall have a minimum of ten(10) working days to review the preliminary plat and submit their comments to the Director or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission public hearing,the proposed plat shall be submitted to the Planning and Zoning Commission withbut recommendations by the agencies, departments and persons noted in this Section. The Director or their designees shall make available a staff report that reviews the proposed preliminary plat application in light of the review criteria set forth in Section 40.0.180(Q) Review Criteria for Considering Applications and any comments made by the agencies, departments and persons noted in this Section. The Director or their designees shall�make available a copy of the report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing. e. Review and recommendation--Planning and Zoning Commission. Within sixty(60) days after the submission of a preliminary plat to the Commission,the Commission shall approve, approved with modifications or disapprove the plat; otherwise the plat is deemed approved by the Commission, except that the Commission,with the consent of the applicant for the approval, may extend the sixty(60) day period. It shall transmit a written summary of its action and proceedings to the Board of Aldermen. f. Review and action--Board of Aldermen. The Board of Aldermen shall meet to consider the proposed preliminary plat within thirty(30) days of the receipt of the report of the Planning and Zoning Commission. The Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed preliminary plat within sixty(60) days. g. Review criteria. In reviewing all preliminary plat applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. h. Effect of approval of preliminary plat. Approval of the preliminary plat shall not constitute acceptance of the subdivision by the Board of Aldermen, but shall be considered acceptance of the overall general planning concepts for the subdivision and permission to prepare and submit a final plat. 2. 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 of Community 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 one (1) inch equals fifty(50) feet and map sheets shall be of the same size as the preliminary plat. Construction plans shall contain the following: a. Profiles showing existing and proposed elevations along centerlines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the centerline of the existing road or roads within one hundred(100) feet of the 23 l intersection shall be shown. Approximate radii of all curves, lengths of tangents and central angles on all streets. b. The Director of Community Development or their designees may require, where steep slopes exist, that cross sections of all proposed streets at fifty(50) foot stations be shown at five (5)points,on a line at right angles to the centerline of the street, as follows: at the centerline of the street, each property line and points twenty-five (25) feet inside each property line. c. Plans and profiles showing the locations and typical cross section of street pavements, including curbs and gutters, sidewalks, drainage easements, servitudes, rights-of-way, manholes and catch basins; the location of street trees, street lighting standards, street signs and subdivision entrance signs, if used; the location, size and inverse elevations of existing and proposed sanitary sewers, storm water drains and fire hydrants, showing connection to any existing proposed utility systems; and exact location and size of all water, gas or other underground utilities or structures. d. Location, size, elevation and other appropriate description of any existing facilities or utilities including,but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams and other pertinent features such as swamps, railroads, buildings and each tree with a diameter of eight(8) inches or more measured twelve (12) inches above ground level, at the point of connection to proposed facilities and utilities within the subdivision. The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low water elevations of such lakes or streams shall be shown. All elevations shall be referred to the U.S.G.S. datum plane. If the subdivision borders a lake, river or stream,the distance and bearings of a meander line established not less than twenty (20) feet back from the ordinary high watermark of such waterways shall be shown. e. Topography at the same scale as the preliminary plat with contour intervals of not more then two (2) feet,referred to U.S.G.S. In areas where grades are steep,the Director of Community Development or their designees may require a lesser contour interval. f. All specifications and references required by the City's construction standards and specifications, including a site-grading plan for the entire subdivision. g. A plan showing how erosion and sedimentation will be controlled at the construction site. h. Notation of approval as follows: Owner Date 1 City Engineer Date i. Title,name, address and signature of professional engineer and surveyor and date including revision dates. 3. Final plat applications. a. Post-application conference. After submitting a final plat application,the applicant shall have a post-application conference as specified in Section 400.180(B)Post-Application Conference. b. Application submittal requirements. All final plat applications shall include the following: 24 (1) A completed application form. (2) A non-refundable fee as established by the City. () (3) Two (2) full size copies (not more than thirty-four (34) inches by forty-four (44) inches), one (1) reduced copy (eleven(11) inches by seventeen(17) inches), and one (1) electronic 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) Preparer's stamp and signature. (d) Scale of the plat, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Director of Community Development or their designees. (e) Date and north arrow. (f) Title of the subdivision. (g) 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. 25 (h) Location and dimensions of all boundary lines of the property. (i) 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. (j) 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. (k) Names of all proposed streets. (1) 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. (m)Locations, dimensions and areas of all proposed or existing lots. (n) Indication of the use of any lot(single-family, multi-family, commercial). (o) 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. (p) 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. (q) 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 (r) 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. (s) 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. (t) A vicinity map showing streets and other general development of the surrounding area. (u) 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: 26 Owner or Representative Date: (v) Location of any proposed subdivision identification signs or entrance markers. (4) Current title report. (5) Assurance for completion,of public improvements, if required by Section 400.790, in a form satisfactory to the City Attorney." (6) 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. (7) Copies of tax certificates from the County. _(8) Proof of ownership or control of the property or permission from the property owner. (9) 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. c. Review and report--Director of Community Development. To coordinate and facilitate review of the final plat, the Director of Community Development or their designees shall solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten (10) working days to review the final plat and submit their comments to the Director or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission meeting,the proposed final plat shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Director or their designees shall prepare a staff report that reviews the proposed final plat application in light of the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications and any comments made by the agencies, departments and persons noted in this Section. The Director or their designees shall make available a copy of the report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission meeting. d. Review and recommendation--Planning and Zoning Commission. Within sixty(60) days after the submission of a final plat to the Commission, the Commission shall approve, approved with modifications or disapprove the plat; otherwise the plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty (60) day period. It shall transmit a written summary of its action and proceedings to the Board of Aldermen. e. Review and action--Board of Aldermen. The Board of Aldermen shall review the final plat application within thirty (30) days of the Planning and Zoning Commission's recommendation. After reviewing the application, the Board of Aldermen shall act to approve, approve with modifications or deny the final plat 27 application. f. Review criteria. In reviewing all final plat applications,the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. g. Approval of final plat. Approval of the final plat application shall confer upon the applicant the right to obtain the necessary signatures in order to record the approved plat with the County Recorder of Deeds. h. Submissions. Prior to the recording of the plat,the applicant shall submit to the City the following: (1) Copies. Sufficient paper and mylar copies of the plat with all appropriate signatures. (2) Digital plat. A digital file of the plat in a format acceptable to the City and which conforms to the formatting standards, layering system and text styles of the City. i. Recording of the plat. No plat shall be recorded or filed with the County Recorder of Deeds until such plat has been approved by the Board of Aldermen; all dedications of rights-of-way, easements and other property have been accepted by the Board of Aldermen; and the design and financing.of all improvements has been agreed to by both the applicant and the Board of Aldermen. The City will be responsible for filing the approved plat with the County Recorder of Deeds. j. Building and other permits. An approved plat must be recorded with the County Recorder of Deeds and evidence of such submitted to the Director of Community Development or their designees before the land may be sold as lots and before building permits and occupancy permits shall be issued. (R.O. 2011 §400.240(8); Ord.No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §§3--6, 12--13, 5-15-07) SECTION 400.246: LOT SPLIT APPLICATIONS A. Applicability. Lot split applications shall only be used to subdivide zero lot line developments and patio home developments. Each lot split survey shall have a maximum of five (5) lots. B. Post Application Conference. After submitting a lot split application, the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. Prior to or as part of the post-application conference,the applicant shall submit a sketch survey showing their ideas and intentions for.the division of the subdivision. The sketch survey shall show all,existing and proposed buildings, utilities, sanitary sewers, drainage structures and other features pertinent to the proper subdivision of land. The sketch plat shall be reviewed by the Director of Community Development or their designees and other necessary City staff. Following their review, the reviewing staff shall confer with the applicant to discuss any matters that will assist the applicant in preparing a lot split survey. C. Application Submittal Requirements. All lot split applications shall include the following: 1. A completed application form. 2. A non-refundable fee as established by the City. 3. Two (2) full size copies (not more than thirty-four(34) inches by forty-four(44) inches), one (1) reduced copy(eleven(11) inch by seventeen(17) inches), and one (1) electronic of the final plat, including the following information. The final plat shall be prepared by a land surveyor licensed by the State of Missouri. 28 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 Community Development or their designees. d. Date and north arrow. e. Location and width of right-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. D. Review And Report--Director Of Community Development. The Director of Community Development or their designees and any other necessary City staff shall review the lot split application within a reasonable time after the filing of the application. After reviewing the application, the Director or their designees shall approve, approve with modifications or deny the application. E. Review Criteria. In reviewing all lot split applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. F. Approval Of Lot Split Application. Approval of the lot split application shall confer upon the applicant the right to obtain the necessary signatures in order to record the approved survey with the County Recorder of Deeds. G. Submissions. Prior to the recording of the survey, the application shall submit to the City the 29 following: 1. Copies. Sufficient paper and mylar copies of the survey with all appropriate signatures. 2. Digital plat. A digital file of the survey in a format acceptable to the City and which conforms to the formatting standards, layering system and text styles of the City. H. Recording Of The Plat. No survey shall be recorded or filed with the County Recorder of Deeds until such survey has been approved by the Director of Community Development or their designees. The City will be responsible for filing the approved plat with the County Recorder of Deeds Division 5. Development Plan Applications SECTION 400.250: DEVELOPMENT PLAN APPLICATIONS This Section sets out the required review procedures and review criteria for development plan applications. 1. Applicability. A development plan shall be required for all alterations, expansions or new construction associated with a commercial, industrial, mixed-used or multi-family development. Building permits for any site shall not be issued until a development plan has been reviewed and approved by the City. 2. Application types. The review process for development plan applications 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;changes to impervious surfaces; or changes to site landscaping which are less than twenty-five percent (25%). (2) Multi-family residential developments and attached single-family dwelling units comprised of less than four(4) units. (3) Exterior alterations to commercial, industrial or mixed-use structures which include a change in materials. (4) 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 for a major development plan. (1) Any new commercial, industrial or mixed-use development. (2) Additions to commercial, industrial or mixed-use buildings; changes to impervious surfaces; or changes to site landscaping which are greater than twenty-five percent(25%). (3) Multi-family residential developments and attached single-family dwelling units comprised of four(4) or more units. (4)Any development possessing more than one (1)phase. (5)A determination is made by the Director of Community Development or their designees that the application may have a significant impact on adjacent property or the community in general. 30 3. Overview of process. The review process for minor.development plans shall be handled by a final development plan. The review process for major development plans-involves--=at least two (2) steps: preliminary development plan review and final development plan review. In many cases, land will also need to be platted or replatted in order to carry out a development plan. The platting process is a separate process, but may run concurrently with the development plan review process. a. Preliminary development plan. (1) A preliminary development plan is a generalized land use plan for the entire area proposed to be included within the development. The purpose of the preliminary development plan is to allow early review of a proposed development before substantial technical planning work has been undertaken. (2) During preliminary development plan review, the preliminary development plan application is reviewed with respect to such issues as overall scale; density, including the number,type and location of dwelling units and other uses; impacts on surrounding areas; open space and environmental issues; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for the development. Approval of the preliminary development plan shall not constitute complete acceptance of the development,but shall be considered acceptance of the overall general planning concepts for the development and permission to prepare and submit a final development plan. b. Final development plan. During the final development plan review,the applicant must provide detailed plans for carrying out the type of project approved conceptually during the preliminary development plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements and conditions have been met. 4. Minor development plan. a. Post-application conference. After submitting a minor development plan application,the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. Prior to or as part of the post-application conference,the applicant shall submit a sketch plan showing their ideas and intentions for the proposed development. The sketch plan shall show all existing and proposed buildings, utilities,public infrastructure and other features pertinent to the development. b. Application submittal requirements. All minor development plan applications shall include the following: (1) A completed application form. (2) A non-refundable fee as established in Section 400.1110, Schedule of Fees. (3) Legal description of the subject property. () (4) Two (2) full-size copies (not more than thirty-four(34) inches by forty-four (44) inches), one (1)reduced copy (eleven(11) inches by seventeen(17) inches), and one (1) electronic 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. (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 31 Community 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, storm water management facilities, easements,parks and other publicly owned land or improvement. (vii) Location and type of outdoor lighting. (viii) Surrounding land uses. (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 (2) feet, referred)to U.S.G.S. extending fifty (50) feet beyond the property. In areas where grades are steep,the Director of Community Development or their designees may require a lesser contour interval. (Applications for exterior renovations need not include grading and erosion control plans.) (c) Storm water 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 storm water calculations.) (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. (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. c. Review and action--Director of Community Development. The Director of Community Development or their designees and any other necessary City staff shall review the minor development plan application within a reasonable time after the filing of the application. After reviewing the minor development plan application, the Director or their designees shall approve, approve with modifications or deny the application. d. Review criteria. In reviewing all minor development plan applications,the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) 32 Review Criteria for Considering Applications. e. Revisions. The Director of Community Development or-their designees may--- — - --- approve minor revisions to approved minor development plans without the filing of a new application, but in no event shall the Director approve the following revisions except through the same process used to approve the original development plan: (1) . (1) A ten percent(10%) or greater increase in floor area,building coverage or impervious surface. (2) A ten percent(10%) decrease in open space. 5. Major development plan. a. Preliminary development plan. . (1) Post-application conference. After submitting a preliminary development plan application, the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. Prior to or as part of the post-application conference,the applicant shall submit a sketch plan showing their ideas and intentions for the proposed development. The sketch plan shall show all existing and proposed buildings,utilities,public infrastructure and other features pertinent to the development. (2) Application submittal requirements. All preliminary development plan applications shall include the following: (a) A completed application form. (b) A non-refundable fee as established in Section 400.1110, Schedule of Fees. (c) Legal description of the subject property. () (d) Two (2) full-size copies (not more than thirty-four(34) inches by forty-four (44) inches), one (1) reduced copy(eleven (11) inches by seventeen(17) inches), and one (1) of the development plan, including the following: (i) Site plan showing: i) The general location of the property. ii) Name and address of the property owner and applicant. 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 CommunityDevelopment 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 dimension of existing and proposed public streets (including right-of-way lines), water lines,hydrants, sewer lines, storm water management facilities, easements,parks or other publicly owned land or improvement. vii) viii) Surrounding land uses,. ix) The names of adjacent property owners. (ii) Grading and erosion control plan showing existing and proposed contours, with intervals of not more than two (2) feet, referred to U.S.G.S. extending 33 fifty(50) feet beyond the property. In areas where grades are steep, the Director of Community Development or their designees may require a lesser contour interval. (iii) Storm water calculations,prepared in according with KCAPWA Section 5600, showing pre-development conditions,post-development conditions, downstream impacts and any necessary mitigation. (iv) (e) Copies of tax certificates from the County. (f) Proof of ownership or control of the property or permission from the property owner. (g) 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. (3) Review and report--Director of Community Development. To coordinate and facilitate review of the preliminary development plan, the Director of Community Development or their designees shall solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten(10) working days to review the preliminary development plan and submit their comments to the Director or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission public hearing, the proposed preliminary development plan shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Director or their designees shall prepare a staff report that reviews the proposed preliminary development plan in light of the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications and any comments made by the agencies, departments and persons noted in this Section. The Director or their designees shall make available a copy of the report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing. (4) Review and recommendation--Planning and Zoning Commission. The Planning and Zoning Commission shall review the preliminary development plan application within sixty(60) days of the date that a complete application is filed. The Planning and Zoning Commission shall recommend approval, approval with modifications or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen. (5) Review and action--Board of Aldermen. The Board of Aldermen shall review the proposed preliminary development plan application within thirty(30) days of the Planning and Zoning Commission's recommendation. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed final development plan within sixty (60) days of the date of the Planning and Zoning 34 Commission's recommendation. (6) Review criteria. In reviewing all preliminary development plan applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. (7) Effect of approval of preliminary development plan. Approval of the preliminary development plan shall not constitute complete acceptance of the development, but shall be considered acceptance of the overall general planning concepts for the development and permission to prepare and submit a final development plan. b. Final development plan. (1) Post-application conference. After submitting a final development plan application, the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. As part of the post-application conference, the applicant shall submit a sketch plan showing their ideas and intentions for the proposed development. The sketch plan shall show all existing and proposed buildings, utilities,public infrastructure and other features pertinent to the development. (2) Application submittal requirements. All final development plan applications shall include the following: (a) A completed application form. (b) A non-refundable fee as established in Section 400.1110, Schedule of Fees. (c) Legal description of the subject property. (d) (d) Two (2) full-size copies (not more than thirty-four (34) inches by forty-four (44) inches), one (1) reduced copy(eleven (11) inches by seventeen(17) inches), and one (1) electronic copy of the development plan, including the following: (i) .Site plan showing: i) The general location of the property. ii) Name and address of the property owner and applicant. 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 Community 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, storm water management facilities, easements,parks or other publicly owned land or improvement. vii) Lighting plan with photometrics. viii) Surrounding land uses ix) The names of adjacent property 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 35 property. (iii) Storm water calculations prepared in accordance with KCAPWA Section 5600, if changed from the approved preliminary development plan. (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. (vii) A copy of any covenants or deed restrictions that are intended to cover all or any part of the development. (e) Copies of tax certificates from the County. (f) Proof of ownership or control of the property or permission from the property owner. (g) 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. (3) Review and report--Director of Community Development. To coordinate and facilitate review of the final development plan,the Director of Community Development or their designees shall solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten (10) working days to review the final development plan and submit their comments to the Director or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission meeting, the proposed plan shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Director or their designees shall prepare a staff report that reviews the proposed final development plan in light of the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications and any comments made by the agencies, departments and persons noted in this Section. The Director or their designees shall make available a copy of the report to the Planning and Zoning Commission-and the applicant prior to the scheduled Planning and Zoning Commission meeting. (4) Review and recommendation--Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed final development plan within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing,the Planning and-Zoning Commission shall recommend approval, modified approval or denial of the application and transmit 36 1 a written summary of its action and proceedings to the Board of Aldermen. (5) Review and action--Board of Aldermen. The Board of Aldermen shall hold a public hearing on the proposed final development plan within thirty(30) days of the close of the Planning and Zoning Commission's public hearing. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed preliminary development plan within sixty(60) days of the date of the close of the Board of Aldermen public hearing on the application. (6) Review criteria. In reviewing all final development plan applications,the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications and whether the final development plan is in substantial compliance with the approved preliminary development plan. The final development plan shall be deemed to be in substantial - compliance with the preliminary development plan,provided the final development plan does not result in: (a) An increase in project density or intensity, including the number of housing units per acre or the amount of non-residential floor area per acre. (b) A change in the mix of housing types or the amount of land area devoted to non-residential uses. (c) A reduction in the amount of open space. (d) Any change to the vehicular system which results in a significant change in the amount or location of streets,-common parking areas and access to the development. (e) Any change determined by the Planning and Zoning Commission to represent an increase in development intensity. (f) A change in use categories. (g) A material change in the layout of buildings. (h) A material change in the master sign plan. (7) Effect of approval of a final development plan. Approval of the final development plan shall confer upon the applicant the right to request all necessary permits to begin constructing the development. (8) Revisions. The Director of Community Development or their designees may approve minor revisions which substantially conform to the character, size, density, use and applicable district regulations of the approved final development plan without the filing of a new application, but in no event shall the Director approve the following revisions: (a) . (a) A ten percent(10%) or greater increase in floor area, building coverage or impervious surface. (b) A ten percent(10%) decrease in open space. (R.O. 2011 §400.250; Ord. No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §§7--9, 14, 5-15-07) Division 6. Land Disturbance Permit Applications SECTION 400.260: LAND DISTURBANCE PERMIT APPLICATIONS This Section sets out the required review procedures and review criteria for a land disturbance permit application. 37 1. Permit required. Except as herein provided,no galling, clearing, excavation, filling storage or disposal of soil and earth materials or any other land-disturbing activity shall occur on any site without first obtaining a land disturbance permit from the City. 2. Exemptions. Except for any site disturbing or grading in anticipation of or in preparation for construction of buildings or any construction or development that would require rezoning, a special use permit, development plan approval or amendment or platting, a site disturbance permit shall not be required in the following instances: a. Land disturbances less than one (1) acre but greater than three hundred(300) square feet. The land-disturbance activity shall comply with the City's adopted standards and the person shall install erosion and sediment control measures. b. Land disturbances less than or equal to three hundred(300) square feet which are not disturbing a natural drainage course. The land-disturbance activity does not have to comply with the City's adopted standards, however, the activity is subject to the City's nuisance (Chapter 215) and solid waste (Chapter 225) codes. c. Land-disturbance activities by City departments. The City shall comply with the requirements of the City's general permit issued by the State and, if applicable, the City's adopted standards and the City's Building Code. d. Home gardens. Home gardening operations including plowing or tilling of land for the purposes of growing flowers and/or vegetables. e. Work to correct or remedy emergencies. This includes situations that pose an immediate danger to life or property or substantial flood or fire hazards. f. Routine agricultural crop management practices. 3. Relationship to other applications. Grading in preparation for any development requiring the approval of a rezoning, special use permit,platting or development plan application shall be consistent with such proposed application. A land disturbance permit shall not be issued until such rezoning, special use permit,platting or development plan application has been approved. 4. Application submittal requirements. All land disturbance permit applications shall include the following: a. A completed application form. b. A non-refundable fee as established in Section 400.1110, Schedule of Fees. c. Legal description of the subject property. d. Description of the proposal. e. 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 Community Development or their designees may require the development map to be prepared and sealed by a licensed professional engineer or land surveyor. f. 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. g. Name and address of the property owner. h. Estimated grading quantity. 38 i. Details of site drainage system. j. A proposed erosion and sediment control plan. k. Construction access to the site. 1. Location of temporary off-street parking. m.The estimated schedule of operation, including the dates of starting and completion of grading work. n. Sources of off-site fill material or soil sites and all information relative to haul routes, trucks and equipment. o. A recent aerial photograph or a detailed topographic map showing tree canopy in the same scale as the development plan. p. 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 of pre-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. q. Copy of the State operating permit(also known as the storm water discharge permit) issued by the Water Pollution Control Program of the Department of Natural Resources if one (1) or more acres will be disturbed. r. 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. s. Copies of tax certificates from the County. t. Proof of ownership or control of the property or permission from the property owner. u. 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 39 Corps of Engineers and levee district, to review the application. 5. Review and action--Director of Community Development. The DirectorofCommunity -_ --.--- Development shall review the proposed land disturbance permit application within sixty (60) days of the date that a complete application is filed. After reviewing the application,the Director of Community Development shall approve, approve with modifications or deny the application. 6. Review criteria. In reviewing all land disturbance permit applications,the Director shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. 7. Inspections. Inspections shall be made by the City Engineer during each stage of fill operations and final approval shall be required upon completion of operations. Applicants shall notify the City upon commencement of the following when and as completed: rough grading; finish grading before seeding; and all re-establishment and construction work. 8. Duration of permit. a. A land disturbance permit shall be valid from the time that it is issued until the site is stabilized and erosion and sediment control measures are no longer necessary. The site will be considered stabilized when either perennial vegetation,pavement, buildings or structures using permanent materials cover all areas that have been disturbed. In order to terminate the land disturbance permit, the applicant shall submit a written request to terminate the permit to the City. The City will then inspect the site and make a determination as to whether the permit can be terminated. The applicant will be notified in writing of the determination. b. If the applicant sells the property before the termination of the land disturbance permit, the permit may be assigned to the new owner, if such assignment is approved in writing by the City. c. If the applicant sells any portion of the property before the termination of the land disturbance permit,the applicant will remain responsible for that portion until one (1) of the following events occur: (1) The new owner of the property obtains a land disturbance permit. (2) The new owner of the property obtains or is required to obtain a building permit. When a new owner has contiguous lots totaling less than one (1) acre and obtains or is required to obtain a building permit,they may design an erosion and sediment plan for the contiguous lots as approved by the Director of Community Development or their designees. (R.O. 2011 §400.260; Ord.No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §10, 5-15-07) Division 7. Vacation Applications SECTION 400.270: VACATION APPLICATIONS This Section sets out the required review procedures and review criteria for vacations. 1. Applicability. Any person requesting the vacation of any part of a plat, street, alley, utility easement or other public reservation shall submit a vacation application. The application shall be made by all owners of land adjoining on both sides of the street, alley or public reservation proposed to be vacated. 2. Post-application conference. After submitting a vacation application,the applicant shall 40 have a post-application conference as specified in Section 400.180(B) Post-Application Conference. 3. Application submittal requirements. All vacation applications shall include the following: a. A completed application form. b. A non-refundable fee as established in Section 400.1110, Schedule of Fees. c. Legal description of the area to be vacated. d. Description of the proposal. e. 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. 4. Review and report--Director of Community Development. The Director of Community Development or their designees shall prepare a staff report that reviews the vacation application in light of the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. The Director or their designees shall make available a copy of the report to the Board of Aldermen and the applicant prior to the scheduled Board of Aldermen public hearing. 5. Review and action--Board of Aldermen. Within a reasonable time of the submission of a complete application, the Board of Aldermen shall hold a public hearing on the vacation application. Following the close of the public hearing, the Board of Aldermen shall take action to table, approve, approve with modifications or deny the proposed vacation. 6. Review criteria. In reviewing all vacation applications the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications. (R.O. 2011 §400.280; Ord. No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §11, 5-15-07) Division 8. Variance Applications SECTION 400.280: VARIANCE APPLICATIONS This Section sets out the required review procedures and review criteria for variance request to the Board of Zoning Adjustment. 1. Post-application conference. After submitting a variance application, the applicant shall have a post-application conference as specified in Section 400.180(B) Post-Application Conference. 2. Application submittal requirements. All variance applications shall include the following: a. A completed application form. b. A non-refundable fee as established in Section 400.1110 Schedule of Fees. c. Legal description of the property. d. Map depicting general location of the property. e. Written description of and justification for the request. f. Any development plans, site plans, building plans or elevations or other plans that 41 may be necessary for a complete review. 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. 3. Review and report--Director of Community Development. The Director of Community Development shall prepare a staff report that reviews the requested variance in light of the conditions for approval and review criteria, if applicable, as set forth below. The Director shall make available a copy of the report to the Board of Zoning Adjustment and the applicant prior to the scheduled Board of Zoning Adjustment public hearing. 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 filed, 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. 5. Conditions for approval (all variance applications). In order for the Board of Zoning Adjustment to approve a variance, the application must prove the following: a. The need for a variance arises from a condition which is unique and peculiar to the property in question and which is not prevalent in the neighborhood and ordinarily not found in the same zone or district and, further, is not created by an action or actions of the property owner or applicant. b. The strict application of the subject provisions will constitute unnecessary hardship to the applicant. c. The granting of the variance will not adversely affect the rights of adjacent property owners or residents. d. The granting of the variance will not adversely affect the public health, safety, morals or general welfare of the community. e. The granting of the variance will not be opposed to the general spirit and intent of the ordinance from which the variance is sought and will not be in conflict with any existing laws or ordinances. 6. Conditions for approval(flood hazard and levee critical area regulations). In addition to the conditions for approval stated above, the applicant shall also address the following conditions, if the requested variance pertains to the regulations established for the flood hazard and levee critical area. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half(%2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level,provided the following conditions have been fully considered. As the lot size increases beyond the one-half(%2) acre, the technical justification required for issuing the variance increases. a. The granting of the variance will not preclude a structure's continued designation as a historic structure as listed on the National Register of Historic Places,the State Inventory of Historic Places or local inventory of historic places and the variance is 42 the minimum necessary to preserve the historic character and design of the structure. b. The variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. c. The variance is the minimum necessary, considering the flood hazard, to afford relief. d. The granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 7. Review criteria (flood hazard and levee critical area regulations). In reviewing variance applications pertaining to the regulations established for the flood hazard and levee critical area, the reviewing bodies shall consider the following review criteria: a. The danger that materials may be swept onto other lands to the injury of others. b. The danger to life and property due to flooding or erosion damage. c: The susceptibility of a proposed facility and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the proposed facility to the community. e. The necessity to the facility of a waterfront location,where applicable. f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. g. The compatibility of the,proposed use with existing and anticipated development. h. The relationship of the proposed use to the Comprehensive Master Plan and Floodplain Management Program for that area. i. The safety of access to the property in times of flood for ordinary and emergency vehicles. j. The expected heights, velocity, duration,rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected.at the site. k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. 8. Restrictions. In granting a variance, the Board may impose such restrictions, conditions and safeguards upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of these regulations. The Board may set the effective date for the variance as subsequent to completion of such conditions, safeguards and restrictions. The Board may require the variance to be recorded with the County Recorder of Deeds to be effective. 9. Performance bond. The Board may require a performance bond to guarantee the installation of improvements, such as parking lot surfaces, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined and shall be enforceable by or payable to the City in the sum equal to the cost of constructing the required improvements. 10. Time limit. In lieu of the performance bond,the Board may specify a time limit for completion of such required improvements and in the event the improvements are not completed within the specified time,the Board may, at a regularly scheduled meeting and after notice to applicant, revoke the variance. 11.Notification (flood hazard and levee critical area regulations). If a variance to the regulations pertaining to the flood hazard and levee critical area is granted,the Director of Community Development or their designees shall notify the applicant in writing that: 43 a. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage. b. Such construction below the base flood level increases the risk to life and property. (R.O. 2011 §400.290; Ord.No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §15, 5-15-07) Division 9. Appeals SECTION 400.290: APPEALS OF ADMINISTRATIVE INTERPRETATIONS AND DECISIONS This Section sets out the required review procedures and review criteria for applications to the Board of Zoning Adjustment for an appeal of an administrative interpretation or decision. 1. Applicability. ,The Board of Zoning Adjustment shall be authorized to hear and decide appeals where it is alleged there is an error in any order,requirement, decision or determination made by an administrative official of the City in the administration or enforcement of this Chapter. 2. Right to appeal. Appeals to the Board of Zoning Adjustment may be filed by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person or by an officer, department, board or bureau of the City affected by any interpretation or decision of the administrative official. 3. Application submittal requirements. All applications for appeal shall include the following: a. A completed application form. b. A non-refundable filing fee as established in Section 400.1110 Schedule of Fees. Any expenditures in excess of the filing fee, incurred by the Board of Zoning Adjustment that are necessary and incident to the processing of the application, shall be billed to the applicant. c. Written description of and justification for the request. d. Any development plans, site plans, building plans or elevations or other plans that may be necessary for a complete review. e. 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. 4. Time offiling appeal. An appeal shall be taken within ten(i 0) days from the interpretation or decision being appealed. 5. Effect offiling. An appeal stays all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken certifies to the Board of Zoning Adjustment, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in the official's opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Adjustment or by a court of record on application or notice to the official from whom the appeal is taken and on due cause shown. 44 6. Review and report--Director of Community Development. The Director of Community Development or the official whose decision is-being-appealed shall-transmit to the-Board= - - -= of Zoning Adjustment all the papers constituting the record which the action appealed from was taken. 7. Review and action--Board of Zoning Adjustment. The Board of Zoning Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney. 8. Review criteria--findings offact. An appeal shall be sustained only if the Board of Zoning Adjustment finds that the official erred. Every decision of the Board of Zoning Adjustment shall be accompanied by a written finding of fact specifying the reason for the decision. (R.O. 2011 §400.300; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.300: APPEALS TO THE CIRCUIT COURT Any person or persons,jointly or severally aggrieved by any decision of the Board of Zoning Adjustment, any neighborhood organization as defined in Section 32.105;RSMo., representing such person or persons, or any officer, department, board or bureau of the municipality may present to the Circuit Court of Platte County,Missouri, a petition duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Upon presentation of such petition,the court may allow a!writ of certiorari directed to the Board of Zoning Adjustment to review such decision of the Board of Zoning Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten(10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board of Zoning Adjustment and on due cause shown, grant a restraining order. The Board of Zoning Adjustment shall not be required to return the original papers acted upon, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearings, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall,not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. (R.O. 2011 §400.310; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.310: RESERVED ARTICLE IV. ZONING DISTRICTS 45 J SECTION 400.320: "R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT A. Purpose. The purpose of the "R-1" Single-Family Residential District is to accommodate and protect low density single-family residential development. B. Uses. Uses shall be allowed in the "R-1" District in accordance with Section 400.410 Use Table. C. Property Development Standards. Each lot in the "R-1" District shall be subject to the following property development standards: "R-1"Property Development Standards Minimum lot size 10,000 square feet,exclusive of buffer areas as required in Section 400.530(5) Right-of-Way and Transition Buffers Minimum lot width 80 feet Minimum front setback 30 feet Minimum side setback 10 feet,except corner lots shall allow 15 feet Minimum rear setback 30 feet Maximum building 35%of the lot coverage Maximum structure height 35feet Minimum unit size 1,500square feet(Finished Space) (R.O. 2011 §400.320; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.330: "R-2" TWO-FAMILY RESIDENTIAL DISTRICT A. Purpose. The "R-2" Two-Family Residential District is intended to accommodate moderate density residential development, including duplexes and higher density single-family dwellings, in a manner which will encourage a strong residential neighborhood. B. Uses. Uses shall be allowed in the "R-2" District in accordance with Section 400.410 Use Table. C. Property Development Standards. Each site in the "R-2" District shall be subject to the following property development standards,provided that the standards shall not be interpreted as precluding zero lot line development: "R-2"Property Development Standards Section 400.530(5)Right-of-Way and Single-family detached 8,000 square feet Single-family attached 4,000 square feet per unit Two-family/duplex 8,000square feet(4,000 square feet per unit) Other uses 10,000square feet Minimum lot width 75 feet Minimum front setback 30feet Minimum side setback 10feet,except corner lots shall allow 15 feet Minimum rear setback 30feet Maximum building coverage 35%of the lot Maximum structure height 35feet (R.O. 2011 §400.330; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.340: "R-3" MULTIPLE-FAMILY RESIDENTIAL DISTRICT A. Purpose. The "k-1" Multiple-Family District is intended primarily to accommodate low-rise residential development at moderate densities. The "R-3" District can be an appropriate 46 classification within established neighborhood areas, including those containing two-family and single-family dwellings, provided sound site planning-techniques-=ar-e used-and- the-basic--residential quality of the neighborhood is retained. B. Uses. Uses shall be allowed in the "R-3" District in accordance with Section 400.410 Use Table. C. Property Development Standards. Each site in the "R-3" District shall be subject to the following property development standards,provided that the standards shall not be interpreted as precluding zero lot line development or individual duplex and single-family dwellings: "R-3"Property Development Standards on 400.530(5)Right-Of-Way and Single-family detached 5,000 square feet Single-family attached 3,000 square feet per unit Two-family/duplex 5,000square feet(2,500 square feet per unit) Multi-family1,500 square feet per dwelling unit,but not less than 6,000 square feet of lot area Convalescent care 1,000 square feet per dwelling unit,but not less than 6,000 square feet of lot area Other uses 7,500square feet Minimum lot width 50feet Minimum front setback 25feet Minimum side setback 5feet,except corner lots shall allow 15 feet Minimum rear setback 20feet Maximum building 40%of the lot coverage Maximum structure height 45feet D. Multi-Family Design And Performance Standards. Multi-family development shall be subject to the provisions of Article VII General Development Standards. (R.O. 2011 §400.340; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.360: "C-1" COMMERCIAL DISTRICT A. Purpose. The "C-1" Commercial District is intended to accommodate general office, service and commercial activities, along with limited residential uses, generally related to the core area of the City. Development in the "C-1" District should integrate a mix of uses and provide for a high degree of walkability, while still providing accommodations for the automobile. B. Uses. Uses shall be allowed in the "C-1" District in accordance with Section 400.410 Use Table. C. Property Development Standards. Each site in the "C-1" District shall be subject to the following property development standards. "C-1"Property Development Standards Minimum front setback 5feet Minimum side setback 5feet,except that when the property adjoins a residentially zoned lot or is a corner,the minimum side setback shall be 15 feet Minimum rear setback 20feet Maximum building coverage 75%of the lot Minimum building size 400 square feet Maximum structure height 45feet 47 D. Design And Performance Standards. Development within the "C-1" District shall follow the provisions of Article VII General Development Standards. (R.O. 2011 §400.360; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.370: "I" INDUSTRIAL DISTRICT A. Purpose. The "I" Industrial District is intended primarily to accommodate basic manufacturing industries and related industrial activities, which have limited land use, environmental and traffic impacts. B. Uses. Uses shall be allowed in the "I" District in accordance with Section 400.410 Use Table. C. Property Development Standards. Each site in the "I" District shall be subject to the following property development standards. I "I"Property Development Standards inimum lot size 10,000 square feet Minimum lot width 100feet Minimum front setback 25feet Minimum side setback 15feet Minimum rear setback 20feet Maximum building coverage 85%of the lot Maximum structure height 45feet,unless the structure is located more than 150 feet from a residential district,then the maximum height shall be 75 feet D. Design And Performance Standards. Development within the "I" District shall follow the provisions of Article VII General Development Standards. (R.O. 2011 §400.370; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.380: "PD" PLANNED DEVELOPMENT DISTRICT A. Intent. The intent of the Planned Development District is to facilitate the development of large scale projects or for the development of difficult sites due to topographic or other environmental considerations in such a manner as to allow one (1) or more of the following objectives to be obtained: 1. Flexibility in design and to take the greatest advantage of natural land, farms, trees; historical and other features. 2. Accumulation of large areas of usable open space for recreation,preservation of natural amenities and provision of community facilities. 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. 4. Clustering of one (1)residential type for better use of land and open space. 5. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the City. 6. Efficient use of land which may result in reduction in development and maintenance costs of street and utility systems. 7. Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the "PD" District. 8. The Planned Development District shall not be used to circumvent the requirements of the applicable zoning district prior to rezoning to "PD". While a limited number of the 48 requirements of the existing zoning district may be modified, the proposed "PD" District as a whole shall meet development standards no less stringent than the existing zoning district. B. Permitted Uses/Classifications. Planned developments shall be classified based upon the types of uses permitted within the development. There 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. C. Zoning Property To A Planned District. A tract of land may be zoned to "PD" only upon approval of a preliminary development plan. A preliminary development plan shall be submitted and reviewed in accordance with the provisions outlined in Section 400.250 Development Plan Applications. D. Building In A Planned District. Prior to the issuance of a building permit for any building in a Planned District, a final development plan shall be submitted and approved in accordance with the provisions outlined in Section 400.250 Development Plan Applications. E. Development Standards. Development within a "PD" District shall be in accordance with the following standards: 1. Comprehensive master plan. The proposed preliminary development plan must substantially conform to the approved Comprehensive Master Plan for the City, including land use, density of development, major street location,parks and open space land, storm water management, sanitary sewer and water distribution. 2. Landscaping and screening. Planned developments shall provide for adequate landscaping and effective screening for off-street parking areas and for areas where non-residential use or high density residential use may be detrimental to lower density areas. Required yards shall be maintained with grass, trees and shrubbery. The conceptual landscape plan submitted in conjunction with preliminary plat approval shall depict the ability to meet the minimum landscape requirements of the site plan review ordinance. 3. Open space. Thirty percent(30%) of the net land area must be devoted to open space. "Open space"means land area of the site not covered by buildings, parking or maneuvering areas, but includes canopied recreational and pedestrian areas and private yards, if any. a. A planned development shall provide common areas reserved for recreational or scenic purposes which shall be equal in area to the total amount of area by which each lot was reduced below the minimum lot size required in the zoning district in which the development is located. b. Ownership and control of common areas and open space shall be by the homeowners' association, condominium association or similar organization with authority to collect funds from its members for improvement and maintenance of the common areas. 4. Design. The site design must respect and enhance the physical and natural qualities of the site and retain the positive qualities of the existing environment. It should utilize existing topographic features and improvements, where feasible, and shall be located to 49 complement and conform to the site topography, rather than change the site to accommodate a preconceived site design. 5. Utilitarian areas. Areas which shall be visually de-emphasized in design of the site are utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures. These areas should be located away from high exposure areas of the building and site, i.e., along street frontages or other highly visible portions of the site. When such utilitarian areas are visible from adjacent property or public rights-of-way, screening shall be provided. 6. Net density. The net density within 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. 7. Minimum size. A "PD" District shall contain a minimum often (10) contiguous acres of land, except that the minimum size limitation may be waived through the approval process for sites which are difficult to develop due to extreme topographic conditions, excessive floodplain coverage or other environmental conditions, to provide for the preservation of said natural features. 8. Fire access. All developments shall be designed as required by the fire codes to facilitate entry of emergency vehicles onto the site without negotiating tight turns or requiring backing of said vehicles. All fire protection systems must be in place and in compliance with all adopted fire codes. 9. Minimum floor area. The minimum floor area, finished for living purposes, shall be determined by the type of dwelling type proposed. The minimum floor area for each type of residential unit within the "PD" District shall be: lDWELLING TYPE I MINIMUM FLOOR AREA Detached single-family 900square feet ground floor/1,500 square feet total Patio home 800square feet ground floor/1,200 square feet total units attached 1,100 square feet 3 units attached 1,000square feet units attached 1,000square feet average of all units/850 square feet minimum More than 4 units attached 11,000 square feet average of all units/750 square feet minimum F. Failure To Begin Development. If no substantial construction has begun or no use established in the planned development within a twelve (12) month period from the date of approval of the final development plan or been initiated in subsequent phases of the development within twelve (12) months of the approved phasing schedules,the proposed development shall be republished for public hearing and reconsideration of the approved "PD" zoning district and preliminary development plan. G. Change Of Ownership. Should property in a Planned Development District change ownership after approval of the final development plan,the new owner shall be responsible for compliance with all restrictions or conditions which are applicable to the approved development plan and will be 'required either to complete the plan as approved or make formal application for a new development plan in accordance with the provisions of Section 400.250 Development Plan Applications. (R.O. 2011 §400.380; Ord. No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §§16--19, 5-15-07) SECTION 400.390: "GP" GENERAL PLANNED DEVELOPMENT DISTRICT 50 A. Purpose And Intent. The General Planned Development District was intended to better ensure that development of land in blighted areas is generall=y-compatible and does not interfere with or impair efforts towards blight removal. B. Holding District. The "GP" District shall be a holding district. No development shall occur within a "GP" District until the property has been rezoned to a different district. Additionally, no property shall be rezoned to a "GP" District. C. Existing Uses And Structures. Uses and structures currently inexistence in a"GP" District may continue in accordance with the approved development plan. Minor site improvements and alterations may be permitted without the necessity to rezone the property. Such improvements and alterations shall be in accordance with the development standards established in Section 400.380 "PD" Planned Development District. In no event shall the following improvements and alterations be approved without.rezoning the property: . 1. A ten percent(10%) or greater increase in building height. 2. A ten percent(10%) or greater increase in floor area, building coverage or impervious surface. 3. A ten percent(10%) decrease in open space. (R.O. 2011 §400.390; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.400: USE REGULATIONS Uses regulated by the City are located in Section 400.410 "Use Table". A. Permitted(By Right). Uses identified in a zoning district column,of the Use Table with a "P" are "permitted by right" and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "conditions" column and all other requirements of this Chapter. B. Special Uses. Uses identified in a zoning district column of the Use Table with an "S" are "special uses" and shall be permitted in such zoning district if reviewed and approved in accordance with the procedures of Section 400.230 Special Use Permit Applications. Special uses shall be subject to any additional regulations as may be indicated in the "conditions" column and all other requirements of this Chapter. C. Not Permitted. Uses identified in a zoning district column of the Use Table with a shaded box are "not permitted" and are not allowed in such zoning district unless otherwise expressly permitted by other regulations of this Chapter. D. Conditions. A letter in the "conditions" column of the Use Table refers to additional regulations which are applicable to a particular use in one (1) or more of the districts that such use is allowed. The specific regulations of each "condition" appear in Article V Additional Regulations ("Conditions"). E. Uses Not Listed. Uses not listed in the Use Table may be allowed after review by the Planning and Zoning Commission and approval from the Board of Aldermen. Conditions may be required in order for the use to be permitted. (R.O. 2011 §400.400; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.410: USE TABLE 51 Residential Uses in Residential and Planned Districts Condition (See Section R-1 R-2 R-3 PD 400.430) P= Permitted;S=Special Use Permit Required; Shaded Boxes=Non-Permitted use or no conditions Animal P P P A Day Care, Limited (1-10) P P P P B Duplex P P P Group Home, Limited (1-7) P P P P C Modular Home P P P P D Multi-Family P P P E Patio Home P P P P Single-Family Attached P P P F Single-Family Detached P P P P Non Residential Uses in Business and Planned Districts Condition (See Section C-1 I PD 400.440) P= Permitted;S=Special Use Permit Required;Shaded Boxes=Non-Perm itted use or no conditions Accessory Residential P P A Adult Entertainment Establishment S B Agriculture Processing S Agriculture Sales/Service P P Agriculture, General S P C Airport or Airstrip S P Animal Care, General P P P D Animal Care, Limited P P P D Asphalt or Concrete Plant S Bank/Financial Institution . P_ P P Bar or Tavern P P P E Basic Industry P S 52 Cabinets/Carpentry Shop S P P Campground p p Car Wash P P Charitable Institution S P P F Club, Private P P P College or University P P P Communication Tower S S S G Compost Facility S P H Convenience Store (May Include Gas) P P P I Cultural Service P P P Fireworks Sales and Wholesale P P P J Flextech p p Food/Bakery Produce Manufacturing P P Freight Terminal P P Funeral Home S P P Gaming Casino &Associated Facilities P K Gas & Fuel Storage S General Contractors, Construction Services P P Government Services P P P Hazardous Operations S S Health & Recreation Club, Private Facilities P P P Heliport or Helipad P P Hospital S P P F Hotel/Motel S P P Kennel S P P D Laundry Service P P Manufacturing Assembly P P Medical Service P P P Modular Units as Temporary Facilities S S S L Office, General P P P Pawn Shop S Pay Day Loan Operation S Printing& Publishing P P P Post Office P P P Recreation and Entertainment(Indoor&Outdoor) S S S Repair Service P P P Restaurant P- - P P- E-- Retail Sales&Service P P P 53 Service Station,Truck Stop S I P Tattoo Parlor S Transitional Living Center P P M Vehicle/Equipment Sales P P N Vehicle/Equipment Storage Yard P P N Vehicle Repair P P I & N Vocational School S P P Warehousing/Residential Storage(Mini-Storage P P Warehousing/Wholesale P P Welding/Maching Shop P S SECTION 400.420: RESERVED ARTICLE V. ADDITIONAL REGULATIONS ("CONDITIONS") SECTION 400.430: ADDITIONAL REGULATIONS ("CONDITIONS")FOR RESIDENTIAL USES ALLOWED IN RESIDENTIAL AND PLANNED DISTRICTS The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.410 Use Table. A. Animals. The keeping of animals shall be permitted in accordance with the following provisions: 1. Wild or exotic animals. Wild or exotic animals as defined in Chapter 205 of the City Municipal Code are prohibited. 2. Total number of animals. The total number of animals kept on an individual lot shall not exceed ten(10), unless otherwise provided for herein. 3. Age. Animals under the age of twelve (12)weeks shall not count towards the total number of animals kept. 4. Domesticated cats and dogs. The total number of domesticated cats and dogs kept on an individual lot shall not exceed five (5). 5. Livestock. Other animals that are primarily kept outdoors and are generally considered livestock including,but not limited to, horses, cows,pigs, chickens and goats, shall be subject to the following conditions: a. Lands on which livestock may be kept. Livestock may be kept on any unplatted lot in a residential district provided the lot is a minimum of one (1) acre in size. 54 J b. Size of livestock. If the livestock animal weighs more than ten (10)pounds,the number.of that particular animal shall be limited to-one-(1)per acre. c. Stables or structures for livestock. Private stables or structures for the keeping of livestock are permitted provided the lot is a minimum of one (1) acre in size and the stable is located a minimum of one hundred (100) feet from any side lot line and a minimum of thirty-five (3 5) feet from the rear lot line. B. Day Care, Limited(1--10 Children). Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and be subject to the home occupation provisions of Section 400.490(3)Home Occupations. The use.shall follow and be in compliance with all applicable State regulations. C. Group Home, Limited(1--7 People). Group homes shall be subject to the following standards only when located in a residentially zoned district. 1. Spacing. A group home shall not be located within one thousand three hundred twenty (1,320) feet of another group home, measured at the shortest distance between any portion of the structure where persons reside. 2. Exterior appearance. There shall be no alteration of the property and structure where the group home is located that will change the character thereof as property and structure within a single-family dwelling district if the group home is located in an "R-2" or more restrictive zoning district. 3. Neighborhood character. A group home constructed in an "R-1" or "R-2" District shall be constructed to be compatible with the architectural.character of the neighborhood in which it is located. D. Modular Home. Modular homes shall comply with the following standards: 1. All applicable building code requirements shall be followed. 2. The structure shall be placed on a permanent foundation. E. Multi-Family. Multi-family development shall be subject to the following design guidelines and standards. 1. Development plan review. Multi-family development shall be subject to development plan review in accordance with the procedures of Section 400.250 Development Plan Applications. 2. Natural features and environment. Each site should be designed to preserve natural features and environmental resources, such as: a. Floodplains and drainage ways. b. Bodies of water. c. Prominent ridges and rock ledges. d. Existing tree cover including tree masses, windrows and significant individual trees. 3. Cut and fill. Excessive cut and fill are unacceptable. The site plan should preserve the natural topography of the site. 4. Storm drainage facilities. Drainage facilities shall be so constructed as to protect those that will reside in the multi-family development, as well as the property owners adjacent to the multi-family development. Such facilities shall be of such capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development and shall comply with all applicable City standards. 5. Building separation. All buildings shall be separated by a minimum distance of fifteen (15) feet. 6. Lot coverage. Each site shall be designed to reflect unique site characteristics and strong 55 t neighborhood environments without overcrowding the site. 7. Access. All multi-family residential developments must have-direct vehicular access to collector, arterial or higher classification streets. 8. Open space. Open space shall be provided to meet active and passive use requirements of the neighborhood. At least ten percent(10%) of the total site area shall beset aside as common open space. The common open space area shall be suitable for active or passive recreational use. Common open space areas should be centrally placed within the neighborhood. Common open space may include pools,tennis courts and tot lots. Common open space may not be counted toward nor located in required zoning district setbacks. 9. Building clustering. Unusable and unassigned open space surrounding buildings should be reduced by clustering buildings. Buildings should be clustered around a central common area and not have the primary orientation directed toward the parking area. 10. Building orientation. a. Individual buildings. Individual buildings should be oriented in a way that establishes neighborhoods and sub-neighborhoods. b. Reduction of unusable open space. Unusable open space should be reduced through building orientation,the use of low walls, fencing, landscaping and entry design. 11. Vehicular circulation and parking. a. 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. b. Parking area layout. Double-loaded parking areas along private streets or drives are generally not acceptable. Parking areas should be clustered and separated from the street. c. Parking enclosures. Parking enclosures should be designed and sited so as to complement the primary structures and to provide visual relief from extensive pavement areas. 12. Pedestrian circulation. a. Pedestrian safety. Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide physical separation from vehicles along all public and private streets and within any parking area. b. Pedestrian access. Pedestrian access should be designed to provide reasonable linkages of dwelling units to neighborhood facilities, such as recreation, services, mail and parking. c. Landscaping details. Pedestrian systems should incorporate landscaping details to increase the visual interest and character of the neighborhood. 13.Landscaping. Landscaping should be designed in sufficient form, quantity and location to reduce,to the greatest extent possible, negative impacts affecting the site and adjacent properties and to increase the sense of neighborhood scale, character and identity. All landscape and buffer areas must conform to the requirements of Section 400.530 Landscaping and Buffering. 14.Architectural design. The architecture of multi-family housing is a key element in determining the character of a neighborhood. The architecture should create a strong feeling of identity through design principles of scale,harmony,rhythm and balance. a. Elongated sites with rectangular, double-loaded building footprints should be 56 avoided. These designs typically lack interest and fail to create a strong sense of neighborhood. - b. The architectural design of each unit or building should impart a feeling of neighborhood scale. Units should be designed with vertical and horizontal offsets to break up roof lines, define private outdoor areas, allow greater views and admit light and air to unit interiors. Large, blank wall surfaces should be avoided. Windows and projecting wall surfaces should be used to break up larger wall surfaces and establish visual interest. c. The same level of architectural design and quality of materials should be applied to all sides of the building. The side and rear elevations, garages, carports and all accessory structures should maintain the same level of design, aesthetic quality and architectural compatibility. d. Screening from the street of all outdoor refuse areas, ground-mounted mechanical equipment, utilities and banks of meters shall be provided. The screening of these items is to be architecturally compatible with major building components and should include landscaping. F. Single-Family Attached. Single-family attached development shall be subject to the standards of the underlying zoning district, as modified by the following standards. 1. Lot width. Each single-family attached dwelling unit shall be located on an individual lot having a minimum width of fifty (50) feet. 2. Building coverage. Single-family attached dwelling units shall be exempt from the building coverage standards of the underlying zoning district. 3. Setbacks. No interior side setback shall be required on the "attached" side of a lot containing a single-family attached dwelling unit. The interior setback standards of the underlying zoning district shall apply to "end" units in a single-family attached development. End units are those that are attached to other dwelling units only on one (1) side. (R.O. 2011 §400.430; Ord. No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §20, 5-15-07) SECTION 400.440: ADDITIONAL REGULATIONS ("CONDITIONS") FOR NON-RESIDENTIAL USES ALLOWED IN BUSINESS AND PLANNED DISTRICTS The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.410 Use Table. A. Accessory Residential. Accessory residential shall be subject to the standards of the underlying zoning district as modified by the following standards. 1. Residential uses shall be clearly incidental to the principal use. 2. Residential uses shall be located on the second(2nd) floor or above. 3. There shall be a separate outside entrance for the residential use. B. Adult Entertainment Establishment. 1. Adult entertainment establishments shall be in compliance with the regulations of Chapter 620 of the City Municipal Code. 2. Business license. An application for an adult business license pursuant to Chapter 620 of the City Municipal Code shall be submitted simultaneously with the application for a special use permit. 3. Approved location. Adult businesses shall be permitted by special use permit in districts 57 zoned "I" which are not a designated "GP" District as depicted on the map on file in the City offices. 4. Separation from other uses. a. No adult entertainment establishment shall be allowed to locate or expand to within one thousand two hundred fifty (1,250) feet of any residentially zoned lot, religious assembly, school,park or recreation use or child care center. This separation distance shall be measured as a straight line, without regard to intervening properties or structures, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned residential or that contains the religious assembly, school, park or recreation use or child care center. b. No adult entertainment establishment shall be allowed to locate or expand to within five hundred (500) feet of any business licensed to sell or serve alcoholic beverages. The separation distance shall be measured as a straight line, without regard to intervening properties or structures, from the nearest exterior structural wall of each business. 5. Separation from other adult entertainment establishments. No adult entertainment establishment shall be allowed to locate or expand within one thousand two hundred fifty (1,250) feet of any other adult entertainment use. 6. Access. Direct access to and from an adult entertainment establishment shall not be provided from a residential street, nor shall access be allowed through any private lot, private driveway or private street in a district zoned other than "I". 7. Frontage. The property on which the adult business is located shall have a minimum of one hundred (100) feet of street frontage. 8. Building and parking area setbacks. The minimum setback for the building that the establishment is located and the off-street parking serving the establishment shall be twenty(20) feet from the front property line and all property lines abutting a street right-of-way. The minimum setback for the building that the establishment is located and the off-street parking serving the establishment shall be ten (10) feet for all other property lines. 9. Off-street parking. All off-street parking serving the business shall conform to this Chapter. Off-street parking shall be provided at a ratio equal to that required for other comparable commercial businesses. 10. Parking area lighting. Lighting with a minimum light level of twenty-five hundredths (0.25) foot-candles must be provided over the entire parking area, but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted at the lot line. 11. Screening. Appropriate screening shall be provided along all non-street facing lot lines. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semi-solid fence or hedge not more than six (6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property. 12. Windows and doors. The building that the adult entertainment is located within shall be designated in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures or products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place 58 partially or totally outside the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted. - - -. 13. Signs. Adult entertainment establishments shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total-of fifty (50) square feet. Said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Signs must meet all requirements of Article VIII Signs. C. Agriculture, General. General agriculture shall require a minimum site area of three (3) acres. D. Animal Care, General. All outdoor animal runs,pens or enclosures shall be located at least seventy-five (75) feet from lot lines abutting residentially zoned districts, except that runs,pens or enclosures associated with a veterinary or animal hospital may be as close as twenty-five (25) feet. Kennels shall require a minimum lot size of three (3) acres. E. Bar Or Tavern And Restaurant. All bars or taverns and restaurants serving alcoholic beverages shall be in compliance with the regulations of Chapter 600 of the City Municipal Code. F. Charitable Institutions And Hospitals. Ingress and egress for charitable institutions and hospitals shall be designed so as to minimize traffic congestion. G. Communication Towers. Communication towers shall be subject to the following standards: 1. Applicability. a. District height limitations. The requirements set forth in this Article shall govern the location of towers and antennas that are installed in all zoning districts. The height limitations applicable to buildings and structures shall not apply to towers and antennas. b. Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall comply with the requirements of this Article, in addition to the requirement that a license or lease authorizing such antenna or tower must have been approved by the governing authority. c. Amateur radio receive-only antennas. This Article shall not govern any tower or the installation of any antenna that is under seventy (70) feet in height and is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive-only antennas. d. Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Chapter shall not be required to meet the requirements of this Section, other than the requirements of Section 400.440(7)(b)(4) Minimizing Number of Towers. Any such towers or antennas shall be referred to as "pre-existing towers" or "pre-existing antennas". 2. General guidelines and requirements. a. Purpose--goals. The purpose of this Section is to establish general guidelines for the, siting of towers and antennas. The goals of this Section are to: (1) Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community. (2) Encourage strongly the joint use of new and existing tower sites. (3) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. (4) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. (5) Enhance the ability of the providers of telecommunications services to provide 59 such services to the community quickly, effectively and efficiently. b. Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations including,but not limited to, set-back requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this Article shall not be deemed to constitute the expansion of a non-conforming use or structure. c. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Director of Community Development or their designees an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one-quarter (1/4)mile of the border thereof, including specific information about the location, height and design of each tower. The Director or their designees may share such information with other applicants applying for administrative approvals or special use permit approval or other organizations seeking to locate antennas within the City, provided however,that the Director or their designees is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. d. Minimizing number of towers. Each applicant agrees to cooperate with the City and other applicants hereunder to accomplish the purpose and goals of this Section. The guidelines set forth in Section 400.440(7)(d)(4) Availability of Suitable Existing Towers or Other Structures shall govern the location of all towers and the installation of all antennas, provided however,that the City may waive those requirements if it determines that the goals of this Section are better served thereby. e. Aesthetics--lighting. (1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. (2) At a tower site, the design of the buildings and related structures shall,to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and building environment. (3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (4) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Director of Community Development or their designees may review the available lighting alternatives and approve the design that would cause the least disturbance to the use and enjoyment of surrounding and nearby property. f. Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the Federal Government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas shall bring such towers and 60 antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. g. Building codes--safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City may remove such tower at the owner's expense. h. Setbacks and separation. The following setbacks and separation requirements shall apply to all towers and antennas, provided however,that the City may reduce the standard setbacks and separation requirements if the goals of this Section would be better served thereby. (1) Towers must be set back a distance equal to,the height of the tower plus twenty (20) feet from any residential structure. (2) Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements. (3) In zoning districts other than "I",towers over ninety(90) feet in height shall not be located within one (1) mile from any existing tower that is over ninety (90) feet in height. i. Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device, provided however, that the City may waive such requirements as it deems appropriate. j. Landscaping. The following requirements shall govern the landscaping surrounding towers,provided however,that the City may waive such requirements if the goals of this Section would be better served thereby. (1) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential areas; standard buffer shall consist of a landscaped strip at least four(4) feet wide on the residential side of the compound. (2) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots,natural growth around the property perimeter may be sufficient buffer. 3. Administrative approvals. a. General. (1) The Director of Community Development or their designees may administratively approve the uses listed in this Section, provided that all such uses shall comply with Section 400.440(7)(b) General Guidelines and Requirements and all other 61 applicable ordinances. (2) Each applicant for administrative approval shall apply to the Director of Community Development or their designees, providing the information set forth in Sections 400.440(7)(d)(2) and (4) Information Required and Availability of Suitable Existing Towers or Other Structures. (3) The Director of Community Development or their designees shall respond to each such application within sixty(60) days after receiving it by either approving or denying the application. (4) In connection with any such administrative approval, the Director of Community Development or their designees may, in order to encourage shared use, administratively adjust any zoning district setback requirements by up to ten percent (10%). (5) If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of the zoning ordinance concerning appeals of administrative decisions. b. Specific administratively approved uses. The following uses may be approved by the Director of Community Development or their designees after conducting an administrative review: (1) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any "I" zoning district, provided however,that such tower shall be set back from any existing off-site residence a distance equal to the height of the tower plus twenty (20) feet. (2) Installing an antenna on an existing structure other than a tower(such as a building, sign, light pole, water tower or other freestanding non-residential structure), so long as such addition does not add more than twenty (20) feet to the height of the existing structure. (3) Installing an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty (20) feet to the height of said existing tower. 4. Special use permits. a. General. The following provisions shall govern the issuance of special use permits for communication towers: (1) If the tower or antenna is not permitted to be approved administratively pursuant to Section 400.440(7)(c) Administrative Approvals, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. (2) In granting a special use permit,the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. (3) Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer. b. Information required. Each applicant requesting a special use permit shall submit a scaled site plan and a scaled elevation view and other supporting drawings, 62 calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed by the City to be necessary to assess compliance with this Article. c. Factors considered in granting special use permits. The Board of Aldermen shall consider the following factors in determining whether to issue a special use permit, although the Board of Aldermen may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Board of Aldermen concludes that the goals of this Section are better served thereby. (1) Height of the proposed tower. (2) Proximity of the tower to residential structures and residential district boundaries. 63 (3) Nature of uses on adjacent and nearby properties. (4) Surrounding topography. (5) Surrounding tree coverage and foliage. (6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. (7) Proposed ingress and egress. (8) Availability of suitable existing towers and other structures. d. Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Aldermen that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of the following: (1) No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. (2) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. (3) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. (4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. (5) The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. (6) The applicant demonstrates that there are other significant limiting factors that render existing towers and structures unsuitable. 5. Notice of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the City may remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. H. Compost Facility. The following standards shall apply to all compost facilities. 1. Landscape buffer. Compost facilities shall be subject to the landscape buffer standards of Section 400.530 Landscaping and Buffering, provided that the Board of Aldermen may require a greater buffer to protect adjacent property from adverse visual and/or other impacts associated with a specific compost facility. 2. Traffic circulation. Ingress and egress for the operation shall be designed so as to minimize traffic congestion. No more than one (1) vehicle entrance shall be allowed for each six hundred sixty(660) feet of lot frontage on a public street. There shall be enough room on site to accommodate peak traffic volume and company vehicles. - 3. Storage bins. Storage bins or trailers will be allowed to be stored on site as an ancillary use,providing they are durable, covered and meet the same setbacks required for the 64 structure on the site. The bins shall be completely screened from view from off site. 4. Setbacks. Structures shall beset back at least-one-hundred(100) feet-from_all lot-lines and at least three hundred(300) feet from all lot lines abutting a residentially zoned property. 5. Hours of operation. Uses shall not operate before sunrise or after sunset if located within one thousand(1,000) feet of a residentially zoned district. 6. Paving. All roads, driveways,parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface. 7. Storm water management. A storm water management plan maybe required at the discretion of the Director of Community Development or their designees. 8. Litter control. The operation shall be continually attended by the owner/operator on days of operation to maintain the property in a clean, litter-free condition. 9. Hazardous material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except substances used for the operation of the facility, such as fuel. 10.Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of a compost facility. Only yard/garden wastes are allowed as compost material. I. Convenience Store And Vehicle Repair. The following regulations shall apply to all convenience stores which have gasoline pumps, vehicle repair uses and other businesses that sell gasoline or diesel fuel and are not a "truck stop service station": 1. Traffic study. A traffic study shall be required for all automotive service stations that derive access from an arterial street or a collector where the nearest driveway is within five hundred(500) feet of an arterial street. The person preparing the report must be a registered engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The traffic study shall address potential external and internal concerns. All traffic concerns must be adequately addressed to promote safety and reasonable traffic flow. 2. Screening. Appropriate screening shall be provided along all lot lines abutting a residentially zoned property. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semi-solid fence or hedge not more than six(6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property. 3. Design. The design location, colors and screening of the gas pumps shall be such that they are compatible with the design of the building. J. Firework Sales And Wholesales. Firework sales and wholesales shall be subject to the following standards: 1. All firework sales shall be temporary and shall only be conducted from a temporary stand or tent. 2. All firework sales shall be in accordance with Section 605.320 of the City Municipal Code. - - --- -- 3. Signs shall be allowed in accordance with Section 400.680(C) Fireworks Sales Signs. K. Gaming Casino And Associated Facilities. Gaming casinos and associated facilities shall be subject to the following standards: 1. Minimum distance to lot lines. Any area to be used by the gaming casino and associated 65 facilities shall be a minimum of fifty(50) feet from any lot line. --2: Landscaping.--All-areas-not paved-or-occupied by buildings or structures shall be sodded and/or landscaped and shall be maintained adequately. 3. Access. ` a. Unless expressly waived by both the Planning and Zoning Commission and the Board of Aldermen, a gaming casino shall be accessible by a four-lane street from the highway to the facility parking area. b. The right-of-way width of a street serving the gaming casino and adjacent facilities shall conform to all applicable minimum City standards and requirements for such streets. 4. Accessory buildings. Unless expressly waived by the Planning and Zoning Commission and Board of Aldermen, no accessory structure shall be permitted. 5. Police protection. It shall be the responsibility of the property owner to employ and maintain sufficient security on the casino and adjacent grounds at all times. The security force must be approved by the Director of Public Safety. 6. Lights. Any gaming casino docked or maintained on a waterway within the City limits 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. 7. Parking. a. Unless expressly waived by the Planning and Zoning Commission and Board of Aldermen, there shall be a minimum number of parking spaces based on one-half(1/2) parking space per patron for the legal capacity of the gaming casino. 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 400.500(K) Off-Street Parking and Loading Area Design Standards. 8. Other regulation. The gaming casino must meet all Federal, State, County and local requirements for licensing, operation, equipment, numbering and all other matters. 9. Docks, barges and moorings. 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. 10. Repairs. No substantial or major mechanical work maybe performed on the gaming casino while docked or moored in the City. 11. Storage of combustibles. The applicant shall be required to provide information regarding any combustibles necessary for the operation of the gaming casino and meet any maintenance, storage or screening requirements of the Board of Aldermen. 12. Loudspeakers. There shall be no central loudspeaker for any use other than emergency purposes. 13. 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 (Leq) of eighty decibels (80db)(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 restriction may be waived on occasion by the written consent of the Board of Aldermen. 14. Signs. Sign shall be allowed in accordance with an approved master sign plan. 15. Utilities. All utilities, including, but not limited to,telephone, electric power, gas and 66 CATV cables, shall be located underground. 16. Sewage and refuse. - - a. Proper disposal of all sewage shall be as approved by the City of Kansas City. b. Proper disposal of all refuse shall be as approved by the City. 17. Fire hydrants. Fire hydrants shall be provided on the grounds at locations approved by the Director of Public Safety. 18.Automatic fire extinguishing systems. All gaming casinos shall be equipped with an adequate automatic fire extinguishing system. Such system shall be approved by the Director of Public Safety. 19. Performance bond. Prior to the approval of any final development plan, the applicant shall execute a bond sufficient to secure all requirements of this Section and any other applicable ordinances of the City. Such bond shall be approved by the Board of Aldermen as to form, sufficiency and manner of execution. L. Modular Units As Temporary Facilities. Modular units serving as temporary or less-than-permanent facilities shall be subject to the following standards: 1. Building code. All applicable provisions of the currently adopted building code shall be followed. 2. Expiration. The special use permit allowing the modular unit to be used as a temporary facility shall expire one (1) year after the approval date by the Board of Aldermen. The holder of the special use permit may apply for an extension of the special use permit by following the procedure outlined in Section 400.230 Special Use Permit Applications. M. Transitional Living Centers. Transitional living centers shall be subject to the following standards. 1. Size. A maximum of ten (10)persons, including staff, shall reside in the center at one time. 2. Separation. No transitional living center shall be located within one thousand five hundred (1,500) feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred (300) feet of any religious assembly, school,park, licensed child care facility or residentially zoned property. N. Vehicle/Equipment Sales, Vehicle/Equipment Storage Yard And Vehicle Repair. All vehicle and equipment storage areas and parking areas must be hard-surfaced (with asphalt or concrete), dust-free and landscaped in accordance with Section 400.530 Landscaping and Buffering. (R.O. 2011 §400.440; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.450: ADDITIONAL REGULATIONS ("CONDITIONS") FOR USES ALLOWED IN ALL DISTRICTS The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.410 Use Table. A. Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums: 1. Entrances. All ingress and egress areas shall be designed_to_minimize--traff c.congestion._ 2. Screening. Appropriate screening shall be provided along all lot lines abutting a residentially zoned property. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and-shrubs.----A berm and a solid or semi-solid fence or hedge not more than six (6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by 67 the owner or owners of the property. B. Convalescent Care. A minimum of seventy (70) square feet of usable outdoor open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas. C. Day Care (Commercial). 1. State licensing. Commercial day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features. 2. Occupational license. An occupational license shall be required prior to the establishment of a commercial day care. 3. Vehicle drop-off area. A loading zone capable of holding one (1) car per ten(10) licensed occupants shall be provided in addition to the required parking area in order to provide for easy pickup and discharge of passengers. D. D. Group Home, General. Group homes shall be subject to the following standards when located in an "R-3" District. 1. Spacing. A group home to be located within an "R-3" District shall not be located within one thousand three hundred twenty (1,320) feet of another group home measured as the shortest distance between any portion of the structure where persons reside. E. Religious Assembly. Churches and other places of religious assembly may be located in any zoning district, but are prohibited from locating within a platted residential subdivision due to conflicts with traffic and hours of operation. (R.O. 2011 §400.450; Ord.No. 2006-170 §1, 12-19-06) ARTICLE VI. ACCESSORY USES AND STRUCTURES SECTION 400.460: RESIDENTIAL ACCESSORY USES AND STRUCTURES Permitted residential uses and approved special uses shall be deemed to include accessory uses, activities and structures that are generally considered 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 house 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(3) Home Occupations. 68 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 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 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 Community 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 Community Development or their designees to ensure land use compatibility. (R.O. 2011 §400.460; Ord.No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §21, 5-15-07) SECTION 400.470: PROHIBITED ACCESSORY USES AND STRUCTURES The following shall not be permitted as an accessory use or structure: 1. Carports. 2. Outdoor storage or overnight parking in a residential district of trucks, any contractor's equipment and buses having a hauling capacity of more than one (1)ton, excluding pickup trucks and recreational vehicles. 3. Outdoor storage, except as specifically permitted in the district regulations. (R.O. 2011 §400.470; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.480: NON-RESIDENTIAL ACCESSORY USES AND STRUCTURES Permitted non-residential uses and approved special uses shall be deemed to include accessory uses, activities and structures that are generally considered permanent or semi-permanent, necessarily and customarily associated with and appropriate, incidental and subordinate to the principal non-residential uses and structures allowed in zoning districts. Non-residential accessory uses, activities and structures shall be subject to the same regulations as apply to principal uses and structures in each district, unless otherwise stated in this Chapter. Non-residential accessory uses and structures shall include, but not be limited to, the following: 69 1. Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use; 2. Dwelling units when used or intended to be used for security or maintenance personnel; 3. Fences and walls, subject to Section 400.560 Fences. 4. Gates and guard houses; 5. Offices for allowed businesses and industrial uses when the office is located on the same site as the principal use; 6. Parking garages and off-street parking areas; 7. Radio and television receiving antennas, non-commercial broadcast radio towers and support structures subject to Section 400.520(4)(b) Exemptions from Height Standards. 8. Recycling enclosures; 9. Restaurants, newsstands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building; 10. Sales of goods produced as part of allowed industrial activities when on the same site as the principal industrial use; 11. The storage of merchandise when located within the same building as the principal business; and 12. Other necessary and customary uses and structures determined by the Director of Community 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 to ensure land use compatibility. (R.O. 2011 §400.480; Ord. No. 2006-170 fl, 12-19-06) SECTION 400.490: ACCESSORY USE AND STRUCTURE DEVELOPMENT AND OPERATIONAL STANDARDS The following standards shall apply to all accessory uses and structures unless otherwise specifically provided: 1. All accessory uses and structures. a. Yard location. All accessory structures shall be located in the rear yard with the exception of the following: (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. All non-residential accessory structures shall require a building permit prior to construction. 2. All accessory use structures. a. Yard location. All accessory structures shall be located in the rear yard with the exception of the following: (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, 70 I 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 of ten (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 within 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 a 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. j. Architectural standards. Metal facades are prohibited on accessory structures. 3. Home occupations. Home occupations shall be allowed as an accessory use in any residential zoning district, subject to the standards 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 area 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„ 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 Standards. e. Parking. Parking to serve a home occupation shall be provided off-street and no such parking shall be permitted within a residential setback, other than in a driveway. 71 In no event shall required setback 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 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. (6) Tourist homes. (7) Vehicle or equipment sales, rental or repair when the vehicle is present on the property. (R.O. 2011 §400.490; Ord.No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §22, 5-15-07; Ord. No. 2007-72 §1, 7-17-07) ARTICLE VII. GENERAL DEVELOPMENT STANDARDS SECTION 400.500: OFF-STREET PARKING AND LOADING A. Applicability. Off-street parking and loading shall be provided in accordance with the regulations of this Section for all new development and for any existing development that is altered in a way that enlarges or increases capacity by adding or creating dwelling units, guest rooms, floor area or seats. Off-street parking and loading shall also be provided for any change of use or manner of operation that would, based on the Off-Street Parking Schedule or the Off-Street Loading Schedule of this Section, result in a requirement for more parking or loading spaces than the existing use. B. Off-Street Parking Schedule A. Off-street parking spaces shall be provided in accordance with the following Off-Street Parking Schedule A. In some cases, the applicable off-street parking space requirement in Schedule A refers to Schedule B. This schedule can be found following Schedule A. Off Street Parkking Schedule A Use Type Number of Spaces Required Residential Uses Assisted Living 1 per dwelling unit Duplex 2 exterior per dwelling unit Group Home, General (8+) 1 per employee, plus 1 per 4 residents 72 1.25 per efficiency unit, plus 1.5 per 1 bedroom unit, plus 2 spaces per 2 bedroom and larger units. All required spaces shall be exterior unless Multi-Family otherwise approved by a development plan. 1.25 per efficiency unit, plus 1.5 per 1 bedroom unit, plus 2 spaces per 2 bedroom and larger units. All required spaces shall be exterior unless Single-Family,Attached otherwise approved by a development plan. Single-Family, Detached 1 2 exterior per dwelling unit Public,Quasi-Public and Commercial Use Airport or Airstrip Spaces to be provided pursuant to Schedule B Animal Care, General 1 per 400 square feet 1 per 400 square feet, plus stacking spaces per Banking or Financial Institution Section 400.500(L) Bar or Tavern 1 per 100 square feet Carwash Stacking spaces per Section 400.500(L) Cemetery Spaces to be provided pursuant to Schedule B Club, Private 75%of occupancy Convalescent Care 75%of occupancy 1 per 100 square feet, plus stacking space per Convince Store Section 400.500(L) Day Care, Limited or Commercial 75%of occupancy Funeral home 75%of occupancy General Contractor, Construction Service Spaces to be provided pursuant to Schedule B Government Service 1 per 400 square feet Health and Recreation Club, Private 1 per 400 square feet Hotel/Motel 75% Medical Service 1 per 250 square feet Office,General 1 per 250 square feet Parks& Recreation Public Spaces to be provided pursuant to Schedule B Post Office Spaces to be provided pursuant to Schedule B Recreation and Entertainment Indoor 75%of occupancy Recreation and Entertainment Outdoor Spaces to be provided pursuant to Schedule B Religious Assembly 75%of occupancy Repair Service 1 per 400 square feet 1 per 100 square feet, plus stacking space per Restaurant Section 400.500(L) Retail Sales&Service 1 per 250 square feet School, Elementary, Middle & High Spaces to be provided pursuant to Schedule B Vehicle & Equipment Sales Spaces to be provided pursuant to Schedule B Vehicle & Equipment Storage Yard Spaces to be provided pursuant to Schedule B 73 Vehicle Repair 1 per 400 square feet Vocational School 75%of occupancy Warehouse, Residential Storage (Mini Storage) 1 per 100 square feet of office space Industry, Manufacturing 1 per 1,000 square feet Agriculture Activities Spaces to be provided pursuant to Schedule B D. Off-Street Parking Schedule B. Any developer may propose an alternative parking schedule for uses having widely varying parking demand characteristics,making it impossible to specify a single off-street parking standard. The developer shall submit a parking study that provides justification for the number of off-street parking spaces proposed. The Director of Community Development shall review this study and any other traffic engineering and planning data that are relevant to the establishment of an appropriate off-street parking standard for the proposed use. A parking study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) and data collected for uses or combinations.of uses that are the same or comparable to the proposed use. Comparability shall be determined by density, scale, bulk, area, type of activity and location. The study shall document the source of data used to develop the recommendations. After reviewing the parking study,the Director shall establish a minimum off-street parking standard for the proposed use. E. Computing Off-Street Parking And Loading Requirements. 1. Multiple uses. Lots containing more than one (1) use shall provide parking and loading in an amount equal to the total of the requirements for all uses. 2. Fractions. When measurements of the number of required spaces result in fractions, the required parking spaces shall be rounded up to the next whole number. 3. Area. Unless otherwise noted in the provisions, all square footage-based parking and loading standards shall be computed on the basis of gross floor area. 4. Employees, students and occupant-based standards. For the purpose of computing parking requirements based on the number of employees, students, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity that is applicable and that results in the greater number of spaces. 5. Unlisted uses. Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the Director of Community Development or their designees shall apply the off-street parking standard specified for the listed use that is deemed most similar to the use proposed in the application or require a parking study in accordance with Schedule C. F. Off-Street Parking For Persons With Disabilities. 1. Off-street parking facilities shall be designed and constructed to accommodate persons with disabilities in accordance with all requirements of the Americans with Disability Act and the approved building code of the City. Accessible stalls shall be provided in accordance with the following table. TOTAL NUMBER OF PARKING STALLS EQUIRED NUMBER OF ACCESSIBLE TALLS 1 to 25 1 6 to 50 2 51 to 75 3 74 76 to 100 4 101 to 150 5 151 to 200 6 01 to 300 7 301 to 400 8 01 to 500 9 501 to 1,000 2%of total 1,001 and over 20 plus 1 for each 100 over 1,000 2. Accessible stalls shall be a minimum of nine (9) feet wide and eighteen and one-half (18.5) feet long with a five (5) foot wide striped access aisle. One (1) in every eight(8) accessible stalls, but not less than one (1), shall be served by an eight(8) foot wide striped access aisle (van accessible). Two (2) accessible parking spaces may share a common access aisle. G. Location Of Off-Street Parking Spaces. 1. On-site. Except as otherwise specifically provided, required off-street parking spaces shall be located on the same lot as the principal use. 2. Residential districts. a. In "R-3" and less intensive districts, off-street parking shall not be permitted in required setbacks, except within customary driveways. Commercially licensed vehicles or trailers weighing less than six (6)tons may be parked within customary driveways. b. The paved area of driveways serving single-family or duplex uses shall not exceed thirty-five (35) feet in width within the exterior setback in which the driveway is located. Driveways serving single-family or duplex uses shall provide a minimum exterior space to park two (2) vehicles side-by-side. 3. Non-residential districts. In "C-1" and more intensive districts, no off-street parking spaces shall be permitted within fifteen(15) feet of public street right-of-way. H. Parking In Excess Of Minimum Standards. Off-street parking spaces provided in excess of minimum standards shall comply with all standards of this Section. I. Use Of Off-Street Parking Spaces. Required off-street parking areas shall be used solely for the parking of licensed motor vehicles in operating condition and shall not be used for the storage of vehicles, boats, motor homes, campers, mobile homes or materials. J. Off-Site Parking. Required off-street parking spaces shall be located on the same lot as the use it is intended to serve,provided that the Director of Community Development or their designees shall be authorized to allow all or a portion of required off-street parking spaces to be located on a remote and separate lot from the lot that the principal use is located, if the off-site parking complies with the following standards. 1. Ineligible activities. Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, restaurants, bars or convenience stores and to the convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility. 2. Location. No off-site parking space shall be located more than three hundred(300) feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. Off-site parking spaces shall not be separated from the use by a street right-of-way with a width of more than eighty(80)feet unless a grade-separated -- pedestrian walkway is provided. 3. Zoning classification. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served. 75 4. Agreement for off-site parking. In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement shall be required. An attested copy of the agreement between the owners of record shall be submitted to the Director of Community Development or their designees for recordation on forms made available in the office of the Community Development Department. Such agreement shall take place before issuance of a building permit for any use to be served by the off-site parking area. K. Off-Street Parking And Loading Area Design Standards. 1. Surfacing. All off-street parking and loading areas, except those required for single-family or duplex uses, shall be surfaced with: a. Five (5) inches of concrete. b. Six (6) inches of asphalt. c. Three (3) inches of asphalt combined with eight(8) inches of aggregate base and subgrade base. d. Off-street parking areas serving single-family and duplex residences shall be graded and paved with an approved asphalt, concrete or paver brick over an approved base. 2. Lighting. Any off-street parking areas that are used after dark and provide space for five (5) or more vehicles shall be provided with lights that provide at least an average of one-quarter(1/4) foot-candle over the entire parking area, measured on the ground surface within the parking area. Parking lot lighting shall be subject to the regulations of Section 400.570 Outdoor Lighting Standards. 3. Drainage. All off-street parking and loading areas shall be designed to not increase the rate of storm water runoff onto adjoining properties or streets. Drainage plans for off-street parking and loading areas shall be reviewed by the City Engineer. 4. Curbing. The perimeter of all off-street parking and loading areas and their access drives shall be curbed, with the exception of driveways for single-family and duplex residences. Landscaped islands, in accordance with Section 400.530 Landscaping and Buffering and other interior parking features shall also be protected by curbs. 5. Striping. Off-street parking areas contained five (5) or more spaces shall be delineated by pavement striping. 6. Parking space dimensions. Off street parking spaces shall be a minimum of nine by eighteen feet(9'x18') in dimension. If there is no overhang or the space abuts a vertical structure the minimum dimension shall be nine by twenty feet(9'x20'). 7. Parking Aisle Dimensions: The minimum width for parking aisles is: a. Perpindicular Parking: Twenty-four feet (24') b. Angle Parking: Twenty feet(20') 8. Loading space dimensions. Off-street loading spaces shall be at least fourteen (14) feet by fifty (50) feet in size with a minimum eighteen(18) foot height clearance. 9. Timing of construction. Parking and loading spaces, driving aisles and access ways must be constructed before issuance of a final occupancy permits. L. Stacking Spaces For Drive-Throughs. In addition to meeting the off-street parking requirements of this SectionTdrive-through facilities shall comply with the following minimum stacking space standards: 1. Stacking space schedule. The minimum number of stacking spaces required shall be as follows: 76 Use Type Minimum Spaces Measured From Bank Teller Lane 4 Teller Window Automated Teller Machine 3 Teller Window Restaurant Drive-Through 8 Order Box Carwash Stall,Automatic 6 Entrance Carwash Stall,Self-Serve 3 Entrance Gas Pump 30 feet from each end of the pump island Other To be determined by traffic study 2. Design and layout. Stacking spaces shall be subject to the following design and layout standards: a. Stacking shapes shall be a minimum of eight(8) feet by twenty(20) feet in size. b. Stacking spaces shall comply with the parking setback standards of Section 400.500(G) Location of Off-Street Parking Spaces. c. Stacking spaces shall be designed so as not to impede on- and off-site traffic movements or movements into or out of parking spaces. d. Stacking spaces shall be separated from other internal driveways with raised medians as deemed necessary by the City Engineer for traffic movement or safety. M. Off-Street Loading. Off-street loading spaces shall be provided in accordance with the following minimum standards: 1. Area required. Such loading and unloading space shall be an area at least fourteen (14) feet by fifty(50) feet,with eighteen(18) foot height clearance and shall be provided according to the table below. 2. Spaces required. The number of required loading spaces shall be based on the amount of square feet of gross floor area(except floor area below the ground story) of buildings used for retail and wholesale, manufacturing and storage, etc., as established in the table below. Floor Area Minimum Off Street Loading Requirements 3,000 to 25,000 s.f. 1 25,001 to 100,000 s.f. - 2 100,001 to 250,000 s.f. 3 250,001 to 500,000 s.f. 5 500,001 to 750,000 s.f. 7 750.001 to 1,000,000 9 77 s.f. 1,000,001+square 10+1 per each 250,000 s.f. above feet 1,000,000 SECTION 400.510: DRIVEWAYS AND ROADWAY ACCESS 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 fifteen(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, a right-turning exiting vehicle will be able to use only the first(1st)through-traffic lane 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 fifty (50)vehicles per hour during a typical weekday peak traffic period. b. Driveway volumes are expected to meet or exceed one thousand(1,000) vehicles per day, calculated using the Institute of Transportation Engineers site generated 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. 3. Driveway grade. The grade of a two-way, one-way or divided driveway shall not exceed two percent(2%) for a minimum distance of twenty-five (25) feet from the edge of the pavement. 4. Sight distance. Direct-access driveways shall be located to allow the following minimum sight distance: 78 Design Speed of Street Minimum Sight (MPH) Distance (Feet) 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 two hundred fifty(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 (non-signalized) access points. All driveways providing access to arterial streets shall be constructed so that the point of tangency of the curb return radius closest to all non-signalized street or driveway intersections is at least two hundred (200) feet from the perpendicular curb 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, one (1) driveway opening shall be allowed per two hundred (200) feet of continuous street frontage. At least one (1) driveway shall be permitted for any lot. - - b. Parcels with two hundred (200) feet of frontage or less may apply for a secondary driveway if shared with an adjoining parcel, provided that the required minimum 79 spacing is maintained. In such cases, only one (1) shared driveway will be permitted. 7. Driveway width. a. One-way drives. The width of the driveway shall not exceed fourteen(14) feet. b. Two-way drives. The width of the driveway shall not exceed thirty-five (35) feet. 8. 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 a right-of-way work permit from the Director of Community Development or their designees. 9. Surfacing. All driveways shall be surfaces with: a. Five (5) inches 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. (R.O. 2011 §400.510; Ord.No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §23, 5-15-07) SECTION 400.520: ZONING DISTRICT PROPERTY DEVELOPMENT STANDARDS The regulations of Article IV Zoning Districts establish many property development standards that apply within individual zoning districts. The rules governing exemptions, computations and measurements related to zoning district property development standards are established in this Section. 1. Lot size. a. Reduction of public purpose. When an existing lot is reduced because of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent(75%) of the required minimum lot size for the district that it is located,then that remaining lot shall be deemed to comply with the minimum lot size standards of this Chapter. b. Utilities. Utilities (major or minor) using land or an unoccupied building requiring less than one thousand(1,000) square feet of site area are exempt from the minimum lot size standards of all zoning districts. c. Single-family dwelling exemptions. The minimum lot size standards of this Chapter shall not be interpreted as prohibiting the construction of a single-family dwelling unit, in accordance with all other applicable regulations, on a lot that was legally platted or recorded before the adoption of this Chapter. 2. Residential densities. The zoning district regulations of this Chapter express maximum residential densities in terms of lot area requirements per dwelling unit. The maximum number of dwelling units allowed on a lot shall be determined by dividing the subject -lot's total lot area by the applicable lot area(per dwelling unit)requirement of the district. The number of dwelling units permitted in a mixed-use building (one containing residential and non-residential uses) shall not be affected by virtue of the building's mixed-use status. As with non-mixed-use projects,the maximum number of dwelling units allowed shall be calculated by dividing the subject lot's total lot area by the applicable lot area requirement of the district. 3. Setbacks. a. Features allowed within setbacks. The following features may be located within any setback: 80 (1) Trees, shrubbery, gardens or other landscape features. (2) Fences and walls, subject to Section 400.560 Fences. (3) Gates and guard houses. (4) Non-enclosed off-street parking and loading areas (driveways) and sidewalks. (5) Signs, subject to Article VIII Signs. (6) Steps to the principal entrance, walks and balustrades. (7) Bay windows, architectural features, cantilevered floors, chimneys and other ornamental features of buildings that do not project more than two (2) feet into the required setbacks. (8) Fire escapes that do not extend into a setback by more than thirty percent(30%) of the required setback dimension. (9) Utility lines, wires and associated structures, such as power poles. b. Side or rear setback exemptions in the "I"District. No side or rear setback shall be required in the "I" District on any lot that adjoins a railway right-of-way or that has a rear railway track connection,provided that sufficient access for fire-fighting equipment is available. Such access shall be approved by the Fire Chief before issuance of any permit. c. Setback averaging. If the existing front setbacks of lots within the same block, with the same zoning classification and fronting on the same side of the street, are less than the required front setback of the underlying zoning district, applicants shall be allowed to use the "average" front setback of the underlying zoning district, applicant shall be allowed to use the "average" front setback on that block. In such cases, the "average setback" shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property. In no event shall lots with different zoning classifications or undeveloped lots be included in the calculation. This provision shall not be interpreted as requiring a greater front setback than imposed by the underlying zoning district and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below established minimums. d. Setback reduced for public purpose. When an existing setback is reduced because of conveyance to a Federal, State or local government for a public purpose and the remaining setback is at least seventy-five percent(75%) of the required minimum setback for the district that it is located, then that remaining setback shall be deemed to satisfy the minimum setback standards of this Chapter. 4. Height. a. Fences or walls. In the case of fences or walls, height shall be measured on the side with the least vertical exposure above finished grade to the top of the fence or wall. b. Exemptions from height standards. The following structures and features shall be exempt from the height requirements of this Chapter: (1) Chimneys, smokestacks or flues. (2) Cooling towers and ventilators. (3) Elevators bulkheads and stairway enclosures. (4) Grain elevators and silos. (5) Flagpoles, radio and television receiving antennas and support structures, provided that they shall not exceed one hundred fifty percent(150%) of the maximum height permitted within the zoning district that they are located, measured from average finished grade at the base of the support structure or 81 building that it is located. (6) Communication towers. (7) Utility poles, water towers and support structures. (8) Belfries, spires and steeples. (9) Monuments and ornamental towers. (R.O. 2011 §400.520; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.530: LANDSCAPING AND BUFFERING 1. Purpose and intent. The purpose of this section is to establish minimum standards for the preservation, installation and continued maintenance of trees, landscaping and buffering. The regulations are intended to preserve and protect existing vegetation and trees, to promote water conservation, to enhance the value and appearance of properties by more effectively buffering incompatible land uses, to reduce air and noise pollution; to maintain and improve environmental conditions, to increase the energy efficiency of buildings, and to improve the aesthetic appearance of all development. 2. Applicability & exemptions. The standards of this Section shall apply to all new development and expansions and modifications to existing development except: a. Agriculture uses and developments. b. Single-family homes. c. Improvements or repairs to existing development that do not result in an increase in floor area. 3. Considerations for alternative designs. It is recognized that development constraints and site conditions can differ greatly from one location to another. Accordingly, the Director of Community Development may approve landscape plans that vary from strict compliance with the provisions of this section if it is determined that the submitted plan conforms to the purpose and intent of this section. 4. General requirements. All open areas on any building site not occupied by buildings, parking, access roads and loading shall be suitably graded with a slope not to exceed 3:1 to allow for mowing, and drainage and shall be maintained in lawn, trees, shrubs or other appropriate ground covers. 5. Pervious/green space landscaping. Building sites shall include a minimum of 1 shade tree (2-1/2" caliper) or evergreen tree (8' in height) for each two thousand five hundred (2,500) square feet of pervious/green space area. Substitutions are allowed for pervious area calculations only based upon the following: a. 1 Shade tree (2-1/2" caliper) or evergreen tree (8' in height) = 20 shrubs 3' in height or 2 ornamental trees 6' in height 6. Street trees. Along the property's frontage with any public or private street shall be planted 1 shade tree (2-1/2" caliper) or evergreen tree (8' in height) for every 40 feet of street frontage. Street trees should be planted on private property, not in the street right-of-way. 7. Common area—side and rear boundaries. If the property's side or rear boundary abuts a common area such as lakes and canals, 1 shade tree (2-1/2" caliper) or evergreen tree (8' in height) shall be planted for every 50 feet of common area frontage. Substitutions are allowed for common area calculations only based upon the following: a. 1 Shade tree (2-1/2" caliper) or evergreen tree (8' in height) = 20 shrubs 3' in 82 height or 2 ornamental trees 6' in height 8. Parking lot landscaping: These standards shall apply to the interior of all off-street parking areas containing more than 10 off-street parking spaces. These standards shall not apply to vehicle/equipment storage lots, vehicle and equipment sales lots or multi-level parking structures. a. Landscape islands should be added at the ends of all parking rows and should be bermed and planted with either sod or landscaping. Landscape islands may be designed and planted to serve as a dual-purpose landscape area and stormwater treatment facility. b. 1 shade tree (2-1/2" caliper) or evergreen tree (8' in height) shall be planted for every 200 square foot of parking lot islands. Substitutions are allowed for parking lot island calculations only based upon the following: i. 1 Shade tree (2-1/2" caliper) or evergreen tree (8' in height) =20 shrubs 3' in height or 2 ornamental trees 6' in height c. Parking lots that abut less intense zoning districts or uses shall provide adequate screening such as berms, decorative walls or fences, or rows of trees or shrubs. In areas not abutting less intense zoning districts or uses, screening and landscape elements are encouraged. 9. Building foundation. .Forty percent (40%) of the building foundation should be landscaped with ground covers, shrubs and ornamental trees. Emphasis shall be placed on those building sides that face a public street or right-of-way. 10. Land use buffers. Buffers and screening such as berms, decorative walls or fences, or rows of trees or shrubs, shall be utilized to ensure development occurs in a manner that is sensitive to the surrounding environment. Where any higher intensity use abuts a less intense development, buffers and/or screening shall be provided with sufficient plant material and/or open space to reduce the impact of a high intensity use on an adjacent lower intensity use. Buffers and/or screening shall be especially important where any commercial, industrial or multi-family development abuts a single or two-family residential development or zoning district. 11. Screening of utilitarian areas. Utilitarian site features, such as dumpsters, mechanical equipment, permitted outdoor storage and service and loading areas, shall be located to minimize their appearance from public streets and rights-of-way. Such features shall also be effectively screened from the view of roadways and adjacent sites by berms, decorative walls or fences, and/or plant material. a. Dumpsters located in "R-2" and more intensive districts shall be completely screened from view on all sides by a fence or wall with a minimum height of six (6) feet or one (1) foot taller than the dumpster, whichever is greater. The fence or wall shall provide complete visual screening of the dumpster and be compatible in material and color with the principal structure on the lot. If the dumpster is located such that it is visible from a public street, landscaping is encouraged around the enclosure to improve aesthetics. b. Rooftop equipment shall be properly screened from public view by architectural treatments that are compatible to the design and overall appearance of the building. 12. Landscape material standards. Th6 following standards shall be considered the minimum required planting standards for all trees and landscape material. 83 a. Plant quality. Plants installed to satisfy the requirements of this Section shall conform to or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock published by the American Association of Nurserymen. Plants shall be nursery quality and indigenous or adapted to the local area. All plants shall be alive and in good.health. b. Artificial plants. No artificial plants or vegetation shall be used to meet any standards of this Section. c. Species mix. When 6 or more trees are required to be planted to meet the standards of this Section, a mix of species shall be provided to promote diversity. 13. Use of existing plant material. Vegetation, trees and plant material that exists on a site prior to its development may be used to satisfy the landscaping standards of this Section provided that it meets the size, variety and locational requirements of this Section. However, no credits shall be permitted for the following types of trees: a. Trees that are not properly protected from damage during the construction process. b. Trees that are dead, dying, diseased or infested with harmful insects. 14. Installation, maintenance and replacement. a. Installation. All landscaping shall be installed according to sound landscape industry practices in a manner designed to encourage vigorous growth. b. Maintenance and replacement. The developer, his successor, and/or subsequent owners of a development shall be responsible for the regular maintenance, repair or replacement of all landscaping and required landscape structures (e.g., walls, fences) in a way that presents a healthy, neat and orderly appearance. 15.Irrigation. Landscape areas shall be irrigated as necessary to establish and maintain required plant materials in good and healthy conditions. The City encourages the use of landscaping practices that minimize the need for supplemental watering. SECTION 400.540: OPERATIONAL PERFORMANCE STANDARDS A. General. No parcel, lot, building or structure in any zoning district shall be used or occupied in a manner so as to create any dangerous, harmful, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use that is allowed by the underlying zoning district regulations may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. B. Fire Hazards. Any activity regulated by the National Fire Protection Association and any other City, State or Federal regulation shall be protected by adequate fire-fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such fire hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved. C. Vibration. No vibration shall be permitted that is detectable without instruments on any adjoining lot or property. D. Noise. Noise that is objectionable due to volume, frequency, duration or beat shall be muffled or otherwise controlled so that there is no production of sound discernible at lot lines in excess of eighty (80) decibels. Tornado sirens and related apparatus used solely for public purposes shall 84 be exempt from this requirement. E. Air Pollution. All uses shall be so operated that no smoke, odor, dust or other form of particulate matter shall be emitted that exceeds the regulations established by the State of Missouri Department of Natural Resources. Such uses shall be located so that prevailing winds will carry such air pollution away from areas of greatest concentration of persons. Also, such shall be kept removed from adjacent activities to a distance that is compatible with the potential nuisance or hazard involved. F. Water Pollution. All uses shall conform to the requirements and regulations established by the State of Missouri Department of Natural Resources pertaining to the pollution of streams and other bodies of water. G. Toxic Materials. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes, gases or materials. The storage of toxic materials shall be in compliance with all local, State and Federal regulations. (R.O. 2011 §400.540; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.550: NUMBER OF PRINCIPAL USES AND STRUCTURES PER LOT A lot may be used for more than one (1)principal non-residential use and more than one (1) principal non-residential structure,provided that all structures are separated by a minimum distance of fifteen(15) feet and provided that development on the lot complies with all applicable standards of this Chapter: (R.O. 2011 §400.550; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.560: FENCES A. Fences In Residential Districts. 1. Front yard. Fences in any front yard shall be constructed of wood, decorative iron, plastic or masonry and the height of such fence shall not exceed thirty-six (36) inches above the ground. Any fence permitted shall not interfere with the visibility of drivers and shall be a determining factor in approving such fence in any front yard. 2. Side and rear yards. Fences in any side or rear yard shall be constructed of chain link, wood, decorative iron, plastic or masonry and the height of such fence shall not exceed six (6)feet above the ground. B. Fences In Commercial And Industrial Districts. 1. Front yard. Fences in any front yard shall be constructed of decorative iron, plastic or masonry and the height of such fence shall not exceed thirty-six (36) inches above the ground. Any fence permitted shall not interfere with the visibility of drivers and shall be a determining factor in approving such fence in any front yard. 2. Side and rear yards. Fences in any side or rear yard shall be constructed of chain link, wood, decorative iron,plastic or masonry and the height of such fence shall not exceed eight(8) feet above the ground. C. Performance Standards. 1. Fences shall be constructed and maintained so that they do not constitute a blighting influence or anelement leading to the progressive deterioration and downgrade-of neighborhood property value. 2. Fencing shall be used in connection with outdoor storage in accordance with Section 400.5 80(B).Standards for Outdoor Storage in"C=1" and "I". .-Such outdoor storage-shall be permitted only after approval of a special use permit application. Fencing used in connection with outdoor storage shall be a component of such special use permit and 85 shall be a determining factor in the approval of such. 3. Barbed wire fences shall only be allowed upon approval of a special use permit application. The procedure for obtaining such special use permit shall be in accordance with Section 400.230 Special Use Permit Applications. (R.O. 2011 §400.560; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.570: OUTDOOR LIGHTING STANDARDS A. Applicability. The outdoor lighting standards of this Section shall be applicable to any new lighting fixtures or fixtures replacing existing.ones. B. Preliminary Plan. A preliminary lighting plan shall be submitted identifying proposed fixture height,pole and luminary style, colors and general locations. C. Final Plan. A point-by-point calculation to show compliance with the lighting standards is required with all final development plans. The calculations shall be measured at grade for lighting levels within the parking lot. A cut sheet of the proposed fixtures, including a candlepower distribution curve, shall also be submitted. A vertical plan foot-candle calculation shall be submitted for property lines abutting residential properties. The maximum maintained vertical foot-candle at an adjoining residential property line shall be one-half(0.5) foot-candles measured at five (5) feet above grade. D. Lighting Source. Projects shall utilize metal halide LED or other similar light source. E. Shielding. Projects shall utilize only light fixtures or lenses with full cutoffs so as to direct the light downward to avoid "light seepage". The light source shall be shielded so it will not be seen from neighboring properties. . F. Height. Maximum overall pole height, including bases, shall be: 1. Twenty (20) feet for parking areas within fifty(50)feet of residential zoned districts. 2. Twenty-four(24) feet for parking areas within fifty (50) feet of a street separating residential zoned properties. 3. Twenty-eight(28) feet for all other parking areas. G. Foot-Candles. The maximum average maintained foot-candles for all parking lot lighting shall be three (3) foot-candles; the minimum average maintained foot-candles shall be one (1) foot-candle. For the purposes of this Chapter,the average maintained foot-candles shall be calculated at eight-tenths (0.8) of initial foot-candles. H. Illumination Ratios. Luminary fixtures shall be arranged in order to provide uniform illumination throughout the parking lot of not more than a six to one (6:1)ratio of average to minimum illumination and not more than a twenty to one (20:1)ratio of maximum to minimum illumination. I. Number Of Fixtures/Poles. The minimum number of fixtures and poles shall be used to meet the lighting standards of this Section. J. Floodlights Prohibited. Floodlight fixtures are prohibited on parking lot light poles and may be used elsewhere as accent lighting only. K. Wall Pack Lights. Wall pack light fixtures are allowed provided that full cutoffs are utilized to direct the-light downward and-provided that no light source is visible. L. Underground Service. All utilities serving lighting fixtures shall be provided underground. M. Exemptions. Because of their unique requirements for nighttime visibility and their limited hours of operation,ball diamonds,playing fields and tennis courts shall be exempt-from the maximum illumination and luminary height standards of this Section, provided that lights used for such activities shall not exceed a maximum post height of eighty(80) feet. Ball diamonds, 86 playing fields and tennis courts may exceed a total cutoff angle of ninety degrees (90°),provided that the luminary is shielded to prevent light and glare spill over to adjacent property zoned "R-2" or less intensive. The maximum permitted illumination at the lot line of"R-2" or less intensive property shall not exceed two (2) foot-candles. (R.O. 2011 §400.570; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.580: OUTDOOR STORAGE AND DISPLAY STANDARDS A. Standards For Outdoor Display In "C-1"And 7'. Outdoor display of materials for sale shall be permitted in the "C-1" and "I" districts in accordance with the following standards: 1. Types of materials permitted. Only materials that are for sale and-consistent with the overall principal retail function of the business shall be permitted. 2. Setback. Outdoor display areas shall comply with all setback requirements. 3. Height. Outdoor displays shall not exceed ten(10) feet in height. 4. Location. Outdoor displays shall be located so that pedestrian ways are not blocked or materially impeded. Displays shall not be located on public sidewalks or streets. No displays shall be located within fifteen(15) feet of the public righ of way. 5. Appearance. Outdoor displays shall have a neat and orderly appearance. B. Standards For Outdoor Storage In "C-1"And 7'. Outdoor storage of materials,products or equipment which are not for retail sale shall be permitted in the "C-1" and "I" Districts in accordance with the following standards: 1. Storage of trucks: Parking and storage of tractors,truck tractors and trailers shall not exceed twenty-four(24)hours unless parked or stored in connection with a business and upon the premises of that business. In the"C-1_District a business may store of to five (5) service vehicles without a special use permit. The storage of more than five (5) vehicles, the storage of equipment, or the storage of tractors, truck tractors and trailers shall require a special use permit if located in the "C-1" District. 2. Special use permit. Outdoor storage shall only be permitted after approval of a special use permit. The procedure for obtaining such special use.permit shall be in accordance with Section 400.230 Special Use Permit Application. 3. Screening. All outdoor storage shall be contained within a fully enclosed building or in a fenced open yard adequately screened. 4. Location. All outdoor storage shall be located in either a side or rear yard. Displays shall not be located on public sidewalks or streets. No outdoor storage shall be located within ten(10) feet of a street line. 5. Appearance. All outdoor storage shall have a neat and orderly appearance. 6. Setback. Outdoor storage areas shall comply with all setback requirements. 7. Height. The height of materials stored shall not exceed the height limitation of the underlying zoning district. 8. Construction trailers. Construction trailers or trailer offices shall be permitted in connection with a current construction project. All trailers must be removed within ten (10) days of the issuance of a final occupancy_permit for the project which the trailer was associated. 9. Motor vehicles. Outside storage of motor vehicles shall be subject to the following conditions: a. All storage of motor vehicles for the purpose of sale shall be in strict compliance with the Code of the City of Riverside and a special use permit shall only be issued after 87 the application is accompanied by a plot plan of the premises on which the business is proposed to include the location, square footage of hard surface or asphalt parking area and proposed parking plan. b. All premises upon which motor vehicles are sold shall have no more than two (2) defined access points to adjoining streets. The remaining portions of the premises adjacent to any public street shall be bordered by concrete or asphalt curbing. The perimeter of the remaining paved portion of the premises shall be bordered by five (5) inches of either concrete or asphalt curbing. c. All premises upon which used motor vehicles are sold shall have an area on the premises solely for customer parking. All portions of the premises which are used for parking of all automobiles shall be covered with a surface as defined in Section 400.500(K) Off-Street Parking and Loading Area Design Standards. d. All premises upon which motor vehicles are sold shall also be furnished with adequate lighting in conformance with Section 400.570 Outdoor Lighting Standards. e. All premises upon which motor vehicles are sold shall have permanent office facilities. Such facilities shall be housed in a permanent building located on the premises and shall have adequate toilet facilities. f. No motor vehicle shall be kept on the premises upon which motor vehicles are sold if that motor vehicle has been wrecked, disabled,junked or is incapable of being operated under its own power. g. No substantial or major mechanical work including, but not limited to, engine, transmission, rear end,brake shoes, body work, auto painting (except striping) and muffler work may be performed on the premises on which motor vehicles are sold. h. All automobile parts, equipment and accessories located on any premises in which the motor vehicles are sold shall be stored inside a building located on said premises. Outside storage of automobile parts, equipment and accessories is prohibited. (R.O. 2011 §400.580; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.590: NON-RESIDENTIAL DESIGN STANDARDS 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 requires a building permit from the City. Review for compliance with these standards shall be conducted in accordance with Section 400.250 Development Plan Applications. B. Approved Building Materials. 1. Masonry. Brick, stone, concrete masonry units (CMUs) with splitface, fluted, scored or other rough texture finish (specifically excluding smooth finish CMU or concrete brick, i.e., "Cherokee block"). 2. Concrete. Precast, cast in place or tilt up panels, provided a rough texture is present or to be added. 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. 4. Structural clay tile. Excluding glazed surface finish. 5. Glass. Glass curtain walls and glass block and excluding mirror glass which reflects more than forty percent(40%) of incident visible light. 6. Metal. Used only in an incidental role, i.e.,trim, architectural features, standing seam 88 metal roofing or other architectural metal roofing as approved by the Planning and Zoning Commission and/or Board of Aldermen. 7. Roofing materials. As approved per development plan. C. Conditional Materials. The following materials may only be used as expressly approved by the Planning and Zoning Commission and/or Board of Aldermen: 1. Wood. Only when used to provide compatibility to surrounding buildings or residential districts. 2. Vinyl. Only when used to provide compatibility to surrounding buildings or residential districts. 3. New materials not listed as approved,'prohibited or conditional. 4. Material's specifically excluded above or not listed and used in an incidental role, i.e., trim or architectural features. D. Temporary Materials. Materials for temporary use may only be allowed for a specific period of time as determined by the Board of Aldermen on a case-by-case basis. Approval of temporary materials shall be established at the time of approval of the preliminary plan and shall be noted on the preliminary and final development plans. E. Architectural Characteristics. 1. Horizontal breaks. Horizontal breaks shall be provided on all sides of buildings to provide architectural relief and may include bands of accent color, brick course variances in color or placement, i.e., soldier course bricks for bands of different texture,windows, cornices,wall protrusions,horizontal belt courses, etc. 2. Vertical breaks. Vertical breaks shall be provided on all sides of buildings to provide architectural relief and may include bands of accent color, brick course variances in color or placement, i.e., soldier course bricks for bands of different texture, windows, cornices, wall protrusions,vertical belt courses, etc. 3. Consistency. All sides of a building shall include similar architectural details, materials and colors to avoid a back side or at least to minimize a back side presentation to other buildings or residential neighborhoods. 4. Pitched roofs. Pitched roofs shall be required on single-story buildings. 5. "Flat"roofs. Buildings using flat roofs with a pitch of two (2) inches vertical to twelve (12) inches horizontal or less shall incorporate detailed parapets or exaggerated cornice lines to provide architectural relief. 6. Roof penetrations. All roof penetrations shall be placed in architecturally designed appurtenances. Small vent pipes may be painted to blend in with a roof to disguise their presence. Roof penetrations shall be shown on the final building elevation. 7. Preliminary plans. Color schemes and design concepts, including material styles and textures, for exterior walls,trim, accents, roofs and screening shall be indicated on the preliminary development plans and shall be approved by the Planning and Zoning Commission. 8. Final plans. Colors and materials of all exteriors, including walls,trim, accents,roofs, screening, etc., shall be indicated on the final development plans and shall be approved by the Board of Aldermen following recommendation-by the Planning-and-:Zoning----------- --- _ - - Commission. - -- 9. Roof top units. All roof-mounted equipment shall be screened entirely from view, utilizing screens of a height equal to the height of the roof top units. -_ - -- - -- — - 10. Ground equipment. Ground-mounted equipment shall be totally screened from view by 89 landscaping or masonry wall up to the height of the units to be screened or forty-eight (48) inches, whichever is greater. 11. Trash enclosures. Each trash enclosure shall be constructed of materials compatible with the building with a steel gate painted to be compatible with the color of the enclosure and building it is to serve. Wood or chain link enclosures shall not be permitted to satisfy this requirement. (R.O. 2011 §400.590; Ord.No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §§24--25,-5-15-07) SECTION 400.600: CORNER VISIBILITY On corner lots, nothing shall be erected, placed,planted or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight(8) feet above curb grade within thetriangular area formed by an imaginary line that follows street pavement edges and a line connecting them twenty-five (25) feet from the point of intersection. This sight triangle standard may be increased by the Planning and Zoning Commission with a recommendation from the City Engineer, when deemed necessary for traffic safety. (R.O. 2011 §400.600; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.610: UNDERGROUND UTILITIES All newly constructed, modified or upgraded lines for telephone, electrical, television and other services distributed by conduit,wire or cable shall be placed underground. The provision shall not be construed to prohibit the construction of above ground or surface equipment associated with an underground distribution system such as, but not limited to, surface mounted transformers, power terminal pedestals, meters and meter boxes, concealed wires, street lights and street light poles. (R.O. 2011 §400.610; Ord.No. 2006-170 §1, 12-19-06) ARTICLE VIII. SIGNS SECTION 400.620: PURPOSE The purpose of this Article is to create the framework for a comprehensive and balanced system of sign regulation to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety,property values, business opportunities and community appearance. It is the intent of these provisions to preserve or enhance the character and scenic vistas of the City by authorizing the use of signs which are: 1. Compatible with their surroundings. 2. Appropriate to the activity to which they pertain. 3. Expressive of the identity of individual activities and the community as a whole. 4. Legible in the circumstances in which they are seen. - (R.O. 2011 §400.620; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.630: GENERAL PROVISIONS 90 Other than legally non-conforming signs, no signs shall be permitted in any zoning district except in accordance with the provisions of this,Article. Any sign authorized by this Article is allowed to contain non-commercial speech in lieu of any other speech. Signs placed in the public right-of-way or on publicly owned land and which are not in compliance with the regulations of this Article are subject to removal by the City without notice or compensation. Signs placed on private property that are not in compliance with the regulations of this Article are subject to removal by the property owner without notice or compensation. In addition, any sign that is not in compliance with the regulations of this Article is subject to the provisions of Article XIII Violations and Enforcement. These provisions may be applied to the person or business placing such sign, business or organization advertised in such sign or the owner of the property on which the sign is placed. (R.O. 2011 §400.630; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.640: APPROVAL PROCEDURES A. Approval Of Master Sign Plans. 1. 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 Section(May 15, 2007) 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. 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. Painting, cleaning or changing copy on legally existing signs shall not require a permit, as long as the sign is not physically altered or enlarged. (R.O. 2011 §400.640; Ord. No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §26, 5-15-07) SECTION 400.650: SIGNS EXEMPT FROM REGULATIONS The following signs shall not require sign permits and shall_be exempt from the requirements of other Sections in this Article. Except as otherwise stated each parcel shall be allowed a maximum of four(4) exempt signs. 1. Any sign authorized by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification, entry monument and information signs and traffic, directional or regulatory signs. 91 2. Signs displaying a non-commercial message (including political signs)that are no more than four(4) square feet in area and displayed on private property. Each parcel may have an unlimited number of such signs provided the signs are located a minimum of ten (10) feet apart. 3. Official signs of a non-commercial nature erected by public utility companies. 4. Flags,provided the flag does not exceed fifty(50) square feet in area. 5. Signs on or adjacent to doors of commercial or industrial buildings displaying information such as the names and addresses of the occupant,the hours of operation or instructions for deliveries. Such signs shall not exceed four(4) square feet in area and shall not be illuminated. 6. Any sign located inside a building, but is visible from outside the building,provided it does not specifically advertise the business. 7. Signs at a construction site that are posted at the entrance to the job site explaining rules for contractors and others entering the site. (R.O. 2011 §400.650; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.660: PROHIBITED SIGNS The following types of signs shall be prohibited, except as stated below or as otherwise specifically provided for herein: 1. Off-premises signs. 2. Billboards, except where a special use permit has been obtained for such sign. 3. Attention-attracting devices including, but not limited to, banners,pennants, streamers, wind-operated mechanisms, inflatable devices, flashing lights, beacon lights and strobe lights. 4. Portable signs or similar signs that are not permanently affixed to a building, structure or the ground, other than temporary signs as specifically provided for herein. 5. Pole signs. 6. Roof signs (signs attached to mansard roofs shall be considered roof signs). 7. Signs containing obscene material. 8. Vehicles (including trailers)parked so that they function primarily as a sign. Vehicles shall be considered signs if all of the following conditions are met: a. The vehicle is parked at a prominent location. b. The sign can be easily read by people driving past the vehicle. c. The vehicle is parked at the same or similar location for twenty-four(24) hours. d. There is no stated or apparent reason, other than signage purposed, that justify the vehicle being at the location. (R.O. 2011 §400.660; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.670: REGULATIONS APPLICABLE TO ALL SIGNS The following provisions shall be applicable to all signs unless otherwise provided for herein. 1. All signs shall have sound structural quality and be maintained in good repair. 2. All signs shall be located such that they do not obstruct the view of or interfere with pedestrian or vehicle traffic;traffic signals, signs or device; or other-signs erected by governmental agencies. 3. Signs shall not be located within public right-of-way, 92 4. All parts of a sign shall be set back a minimum of three (3) feet from the side and rear property lines. 5. All outdoor signs and supports shall be weather-resistant so as to prevent rust,peeling, Raking or fading. 6. Signs shall not be attached to utility poles or other appurtenances which exist within public street right-of-way. 7. Signs shall not interfere in any way with the free use of any fire escape, exit or standpipe. 8. Signs shall be located a minimum of six (6) feet horizontally or twelve (12) feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750)volts. 9. Any on-premise sign which advertises a business no longer conducted or a product no longer sold on the premises shall be altered by the owner so that the sign face advertising such business or product is removed within thirty (30) days after the business is no longer in operation or the product is no longer being sold on premises. 10. Wall signs shall not project beyond the plane of the wall more than one (1) foot. 11. All monument signs shall be located within a landscaped area, extending a minimum of - three (3) feet on all sides of the sign base. 12. Electronic message panels shall not exceed thirty percent(30%) of the sign area and shall only display information related to the entity located on the same premises as the electronic message panel and non-commercial messages intended to inform the public. (R.O. 2011 §400.670; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.680: TEMPORARY SIGNS A. Project Identification/Construction Signs. Signs identifying a new construction or remodeling prcject,�except those involving a single-family or two-family residence, shall be allowed in accordance with the following provisions: 1. The sign shall be located on the property where the construction work is taking place and be at least ten(10)feet from the street right-of-way. 2. The sign may contain the construction team's (i.e., architect, engineer, contractor)name, logo, contact information, the nature of the project and related information. 3. One (1) sign shall be allowed for each street frontage,provided the total number of signs for a single construction project does not exceed three (3). Where an independent construction project is taking place concurrently within a larger project(i.e., a pad site building within a larger shopping center), an additional sign shall be allowed on the site of the smaller project. 4. The total area of the sign, including the sign face, base and supporting or decorative elements, shall not exceed forty-eight(48) square feet with a maximum height of eight (8) feet above the average grade. 5. Signs shall not be erected until a development plan has been approved for the project and a sign permit has been issued by the Director of Community Development. 6. The sign shall be removed from the site as soon as an-occupancy permit has been issued for the last building in each phase of the project.-- - -- - --- -- -- - - - B. Special Event Banners. Special event banners shall be allowed in accordance with the following provisions: -_ ---- - - --- --- -- ---- - -- - -- -- 1. Each business or organization shall be allowed one (1) special event banner twice each year. 93 2. A temporary sign permit shall be obtained prior to the installation of the banner. 3. The banner shall be installed for a maximum of one (1) week. 4. The banner shall be located entirely on private property and shall not impede vehicular or pedestrian traffic. C. Fireworks Sales Signs. Signs advertising the sale of fireworks shall be allowed in accordance with the following provisions: 1. Each stand or tent possessing its own business license shall be allowed a total of two (2) signs;provided, such signs may contain advertising on both of their two (2) sides. Attention-attracting devices, including, but not limited to,pennants, streamers, wind-operated mechanisms, inflatable devices, flashing lights,beacon lights and strobe lights, are not permitted. 2. Signs shall be located on the property where the sale shall occur. 3. Signs shall not exceed thirty-two (32) square feet in area per sign face with a maximum height of eight(8) feet. 4. Signs shall not be erected until a business license has been obtained. Signs shall only be displayed during the dates of the sale. D. Political Signs. Political signs shall be allowed in accordance with the following provisions: 1. Signs shall not exceed forty-eight (48) square feet in area per sign face with a maximum height of eight(8) feet. 2. Signs shall only be placed on private property, provided prior permission has been obtained from the property owner. 3. Signs may not be placed in any street right-of-way, median, highway interchange, public park or any other publicly owned facility. 4. Signs shall be located a minimum of ten(10) feet from another political sign. 5. A sign permit shall not be required for political signs. E. Real Estate Signs. Real estate signs shall be allowed in accordance with the following provisions: 1. Each lot shall be allowed one (1)non-illuminated, detached real estate sign, except that lots larger than one (1) acre may have one (1) sign per street frontage, up to a maximum of three (3) signs. 2. Signs located in residential districts shall not exceed six (6) square feet in area with a maximum height of four(4) feet. Signs located in commercial or industrial districts shall not exceed forty-eight(48) square feet in area(including the sign face, base and supporting or decorative elements)with a maximum height of eight(8) feet. 3. Signs shall only be permitted on property that is actively being offered for sale, rent or lease. 4. A sign permit shall not be required for real estate signs. F. Garage Or Estate Sale Signs. Garage or estate sale signs shall be allowed in accordance with the following provisions: 1. Signs shall be located on the property where the sale shall occur. 2. Signs shall not exceed six (6) square feet in area with a maximum height of four(4) feet. 3. Signs may be displayed during the dates of the sale and up to three (3) days prior to the sale. 4. A sign permit shall not be required for garage or estate sale signs. 5. Signs are limited to sales of used household furniture, clothing, appliances and similar household items, but not including the sale of motor vehicles, recreational vehicles, boats 94 or any product or service associated with a home occupation. G. Off-Site Directional Signs. Off-site directional signs for real estate sales, garage sales; estate sales and other similar events shall be allowed in accordance with the following provisions: 1. Signs shall not exceed four(4) square feet in area with a maximum height of four(4) feet. 2. Signs shall only be placed on private property, provided prior permission has been obtained from the property owner. 3. Signs may not be placed in any street right-of-way, median, highway interchange,public park or any other publicly owned facility. 4. Signs shall be limited to the days that the event occurs, except that directional real estate signs shall be limited to a period of time each week starting on Friday at 6:00 A.M. and ending on the following Sunday at 6:00 P.M. 5. Signs cannot be used to advertise commercial developments, apartments, vacant land, motor vehicles, recreational vehicles, boats or any product or service associated with a home occupation. 6. A sign permit shall not be required for off-site directional signs. (R.O. 2011 §400.680; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.690: SIGNS PERMITTED IN ALL DISTRICTS A. Public/Semi-Public Facilities. Religious institutions, libraries, community centers and other public/semi-public facilities shall be allowed signs as follows: 1. Facilities with a land area of ten(10) acres or less shall be allowed a total of two (2) signs with a maximum of one (1) monument sign. Signs shall be allowed in accordance with the following provisions: a. Wall signs shall not exceed ten percent(10%) of the area of the wall on which they are placed with a maximum of one (1)per facade. b. Monument signs shall be located on the premises and be at least ten (10) feet from the street right-of-way. The total area of the sign, including the sign face, base and supporting or decorative elements, shall not exceed forty-eight(48) square feet with a maximum height of eight(8) feet above the average grade. 2. Facilities with a land area of more than ten(10) acres shall be allowed a total of three (3) signs with a maximum of two (2)monument signs. Signs shall be allowed in accordance with the following provisions: a. Wall signs shall not exceed ten percent(10%) of the area of the wall on which they are placed with a maximum of one (1) per facade. b. Monument signs shall be located on the premises and be at least ten (10) feet from the street right-of-way. There shall be a maximum of one (1) monument sign per street frontage. The total area of the sign, including the sign face, base and supporting or decorative elements, shall not exceed forty-eight(48) square feet with a maximum height of eight (8) feet above the average grade. 3. In lieu of the signs that would otherwise be permitted by the standards above, facilities with a land area of more than ten(10) acres may apply for approval of a master sign plan. A master sign plan is intended to allow larger facilities additional flexibility in regards to the number and size of signs installed on their complex, while ensuring the signs fit with the use and site and respect the neighborhood. The plan shall be reviewed-and approved by the Planning and Zoning Commission. In reviewing a master sign plan, the Planning and Zoning Commission shall consider the following: 95 a. The use of the facility. b. The height of the building(s). c. The surrounding land uses and zoning districts. d. Relationship of the site to the surrounding street network. e. The topography of the site. 4. A master sign plan shall contain the following: a. A site plan of the facility's complex, at a scale of not less than one (1) inch equals one hundred (100) feet. b. The location of all buildings,parking lots, driveways and landscaped areas on the lot or parcel. c. Computation of the maximum total sign area, the total number of signs,the area of each sign and the height of each sign. d. An accurate indication on the site plan of the location of any existing or proposed sign. e. 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. B. Directional Signs. Directional signs shall be allowed in accordance with the following provisions: 1. One (1)parking lot directional sign shall be allowed at each entrance to a building site, at key intersections within the site and at each entrance to a drive-through facility. 2. Ground-m6unted signs shall not exceed three (3) feet in height(including sign face, base and supporting elements), shall not exceed two (2) square feet of area per sign face and may be single- or double-faced. 3. Wall mounted signs shall not exceed two (2) square feet in area and may be located adjacent to drive-up windows, loading docks or service entrances. 4. Directional signs may indicate entrances, exits, addresses, direction of traffic flow and the location of parking areas, loading docks, leasing offices,ATMs, delivery doors, drive-through lanes and similar facilities. (R.O. 2011 §400.690; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.700: SIGNS PERMITTED IN RESIDENTIAL DISTRICTS ("R-1", "R-2" AND "R-3") A. Home Occupation Signs. One (1)non-illuminated home occupation sign attached to the house and not exceeding one (1) square foot in area shall be allowed per lot. A sign permit shall not be required for a home occupation sign. B. Residential Development Signs. A residential development sign shall be allowed at each principal entrance to the subdivision or residential project in accordance with the following provisions: 1. Signs shall be located on the premises of the subdivision or residential project and be at least ten(10) feet from the street right-of-way. 2. Signs shall be a monument sign. The total area of the sign, including the sign face, base and supporting or decorative elements, shall not exceed forty-eight(48) square feet with a maximum height of eight(8) feet above the average grade. 3. In lieu of the signs that would otherwise be permitted by the standards above, a design alternative may be submitted for approval by the Planning and Zoning Commission. A design alternative is intended to allow greater design and creative flexibility so that 96 additional elements such as fountains, waterfalls, natural features, architectural features and similar items may be included with the design of the sign. 4. The design alternative shall respect the neighborhood and fit with the subdivision or residential project. A design alternative submittal shall include the location of the sign relative to the development and street rights-of-way and a depiction of the sign detailing design, materials, lighting, color scheme and sign proportions. (R.O. 2011 §400.700; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.710: SIGNS PERMITTED IN NON-RESIDENTIAL DISTRICTS (, "C-1" AND "I") A. Individual Businesses. Each individual business shall be allowed a total of three (3) signs with a maximum of one (1)monument sign; provided however, an individual business located on a corner lot with at least two hundred fifty(250) feet of frontage along each of two (2)primary y arterial streets shall be allowed a total of four(4) signs with a maximum of two (2)monument signs. Such signage shall be allowed in accordance with the following provisions: 1. Wall signs shall not exceed ten percent(10%) of the area of the wall on which they are placed with a maximum of one (1)per facade. 2. Monument signs shall be located on the premises and be at least three (3) feet from the street right-of-way. The total area of the sign, including the sign face, base and supporting or decorative elements, shall not exceed sixty-four (64) square feet with a maximum height of ten(10) feet above the average grade. - 3. Projecting signs shall not exceed six (6) square feet in area and shall not extend more than four(4) feet from the face of the building. 4. Canopy signs shall be located so as to provide sufficient vertical clearance for pedestrian traffic. Only canopies displaying the name of the business shall be considered canopy signs. B. Office, Business And Industrial Parks And Shopping Centers. 1. Office, business and industrial parks and shopping centers designed as one (1)unified entity shall submit a master sign plan. A master sign plan is intended to allow additional flexibility in regards to the number and size of signs installed, while ensuring the signs fit with the use and site and respect the neighborhood. The plan shall be reviewed and approved by the Planning and Zoning Commission. In reviewing a master sign plan,the Planning and Zoning Commission shall consider the following: a. The use of the facility. b. The height of the building(s). c. The surrounding land uses and zoning districts. d. Relationship of the site to the surrounding street network. e. The topography of the site. 2. A master sign plan shall contain the following: a. A site plan of the park or center at a scale of not less than one (1) inch equals one hundred(100) feet. --- --- - - ---- - b. The location of all buildings, parking lots, driveways and landscaped areas on the lot or parcel. c. The total number of signs,the area and height of each-sign and the computation of total sign area. - - - d. An accurate indication on the site plan of the location of any existing or proposed J 97 sign. e. 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. 3. Although a master sign plan is intended to allow flexibility, the following provisions should be used as guidelines when designing a master sign plan. a. Each business within the park or center should be allowed signs in accordance with the "individual businesses" regulations above. b. Identification signs for the park or center should: (1) Be located at principal entrances to the park or center. (2) Be located on the premises and be at least ten(10) feet from the street right-of-way. (3) Not exceed sixty-four(64) square feet(including the sign face,base and supporting or decorative elements) with a maximum height of ten (10) feet above the average grade. (R.O. 2011 §400.710; Ord. No. 2006-170 §1, 12-19-06; Ord. No. 1184 §1, 2-5-13) SECTION 400.720: SIGNS PERMITTED IN DISTRICTS "PD" AND "GP" Signs within Districts "PD" and "GP" shall be allowed in accordance with the signage plan which was approved with the development plan. Although the "PD" and "GP" Districts are designed to allow for additional flexibility,the sign regulations contained herein shall act as a guide for creating the signage plan. In instances where the signage plan does not provide specific enough regulations,the regulations contained herein shall be utilized. (R.O. 2011 §400.720; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.730: BILLBOARDS A. General. Billboards shall be allowed in Districts "C-1", "I" and "GP",provided they are visible from the interstate system or a freeway primary highway. B. Rules And Regulations. The following rules and regulations shall apply to all billboards: 1. Lighting. a. No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any billboard. No flashing, intermittent or moving light or lights, except scoreboards and other illuminated signs designating public service information, such as time, date or temperature or similar information, shall be allowed. b. External lighting shall be allowed,provided the light source is directed upon the face of the billboard and is shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the interstate or freeway primary highway and provided the lights are not of such intensity so as to interfere with a driver's operation of a motor vehicle. c. No billboard shall be illuminated in a manner that interferes with the effectiveness of or obscures an official traffic sign, device or signal, nor shall the illumination be directed toward any residential area. d. The maximum average lighting intensity level shall be twenty(20)foot-candles. 2. Size. a. Billboards shall have a maximum area of six hundred seventy-two (672) square feet 98 with a maximum height of fourteen(14) feet and a maximum length of forty-eight (48) feet, inclusive of border and trim,but excluding the base or apron, support and other structural elements. b. The maximum size limitations shall apply to each side of a billboard. Billboards may be placed back-to-back, double-faced or a V-type construction with a maximum of two (2) sign faces and no more than one (1) sign face facing the same line of traffic. 1 Spacing. a. No billboard shall be erected within one thousand four hundred(1,400) feet of an existing billboard on either side of the interstate or freeway primary highway. b. On-premise signs shall not be subject to the spacing provisions of this Subsection,nor shall measurements be made from such signs for the purpose of compliance with the previous provision. c. The spacing requirements of this Section shall be minimum distances between billboards measured along the nearest edge of the pavement of the interstate or freeway primary highway and shall apply to billboard structures located on either side of the interstate or freeway primary highway involved. d. No billboard shall be located so as to obstruct or otherwise physically interfere with the effectiveness of any official traffic sign, signal or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging or intersecting traffic. 4. Setbacks, safety clearance and height. To provide a safety zone to prevent injury or property damage from collapse of billboards, each billboard shall have minimum setbacks of the following: a. A minimum of ninety (90) feet from the billboard's nearest edge to the right-of-way of any interstate or freeway primary highway. b. A minimum of ninety (90) feet(two (2)times the height of the structure) from all points of the billboard to all property lines and all roofed structures. c. In order to further provide a safety zone to prevent injury or property damage from collapse of billboards, each billboard shall have a maximum height, including base and apron,measured from the ground to the highest point of such billboard, of forty (40) feet. In addition, the application for a permit shall include documentation, such as a legally enforceable lease, deed or restrictive covenant,that the applicant has secured the right to prevent the erection of structures within the setback zones. No building permit shall be issued for construction of any building within the setback/clearance zone for any billboard. 5. Setbacks at highway interchanges. No billboard shall be located adjacent to or within one thousand five hundred(1,500) feet of any interchange (existing or approved for construction by the Missouri Department of Transportation), at-grade intersection or safety rest area. Said one thousand five hundred(1,500) feet shall be measured from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way. 6. Setbacks from residential and public areas. No-billboard_s_hall be-located within two thousand(2,000) feet of a residential district or land zoned or used for public recreational activities, such as a public park. - 7. Setbacks from river levee improvements. No billboard shall be located within five hundred(500) feet riverward or three hundred(300) feet landward of the centerline of 99 any existing or proposed flood protection levee. 8. Landscaping, lighting and fencing. Before a permit shall be issued, the applicant shall receive approval for a plan for landscaping, lighting and fencing around the proposed billboard to ensure that the structure will be aesthetically compatible with its surroundings and the aesthetic standard of the community and neighboring property and be safe and secure from trespassers or vandals. Landscaping plans shall comply with Section 400.530 Landscaping and Buffering and shall detail the grade,type of ground cover and specific location of any shrubs and trees. Landscaping, lighting and fencing plans shall be submitted to and reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen. Such plans must be submitted concurrent with an application for a special use permit as outlined in Subsection(13)(10) Permits below. In determining whether the landscaping, lighting and fencing plans are reasonably suitable,the reviewing bodies shall take into consideration the nature of the location, the impact on surrounding properties, the safety and security of the proposed billboard and the relative cost of the landscaping, lighting and fencing to the applicant in relationship to the overall impact upon the property values in the immediate area which would be caused by a lack of such landscaping, lighting and fencing for the proposed billboard. 9. Service roads. Direct access to billboards from the interstate system, freeway primary system or an unpaved road shall be prohibited. Direct access shall be gained through paved roads which are private and internal to the lot on which the billboard is erected. Access to such private roads shall be from paved public roads or streets. All vehicles, equipment and people used to build, service, maintain and repair such billboard must confine their activity so as not to interfere with pedestrian or vehicular traffic on public roads. Paved private roads shall be constructed to comply with minimum City standards for residential streets as set forth in Section 510.010 of the City Municipal Code. The applicant must submit construction plans and specifications for such paved roads and the plans must be reviewed and approved by the City. Such plans must be submitted concurrent with an application for a special use permit as outlined in Subsection(B)(10) Permits below. 10.Permits. a. State permit. No billboard shall be erected, moved, enlarged, reconstructed, altered, used or allowed to exist without obtaining a permit from the Missouri Department of Transportation, if such permit is required by State law. b. Special use permit. No billboard shall be erected,moved, enlarged, reconstructed, altered, used or allowed to exist without a special use permit. A special use permit shall be obtained following the process established in Section 400.230 Special Use Permit Applications. In addition to the submittal requirements outlined in Section 400.230 Special Use Permit Applications,the following items shall also be submitted for any billboard special use permit application: (1) Documentation from a licensed engineer that the soil and subsoil surface is \capable of accepting the projected loads. (2) A certificate from an electric engineer as-to the electrical requirements and safety. (3) A certificate from a structural engineer as to the structural strength of the sign. (4) A sign survey indicating the relative vertical and horizontal distanced between the- proposed heproposed billboard and all other billboards within two thousand(2,000) feet. The survey must be certified by a Missouri licensed land surveyor. 100 c. Performance bond. (1) Prior to the issuance of a building permit for a billboard, the applicant shall post a performance bond to ensure all of the requirements of the City Municipal Code have been and will be fully complied with. (2) The performance bond shall be an amount equal to the estimated construction costs as documented in the application by the construction bid or contract. (3) The form of the performance bond shall be approved by the City Administrator. d. Insurance. (1) Prior to the issuance of a building permit for a billboard, the applicant shall provide to the City satisfactory proof of liability insurance coverage of at least one hundred thousand dollars/three hundred thousand dollars/fifty thousand dollars ($100,000.00/ $300,000.00/$50,000.00) and shall endorse the City as an additional insured on the policy. l_ (2) The applicant must prove that the liability insurance is in force each year thereafter. Proof of insurance shall be provided to the City each year with the annual inspection report as provided below. 11.Annual inspection. Owners of all billboards erected after December 7, 1996, shall submit an annual inspection report from a Missouri licensed engineer as to the billboard's structural integrity. Such certification shall be done on or before June first (1 st) of each year. Failure to submit a report shall result in the immediate revocation of the billboard's special use permit. 12. Obscene advertisement. No person shall display upon any billboard any obscene matter. 13. Nuisance. Any billboard which, because of lack of maintenance, upkeep, vandalism, accumulation of litter, refuse or debris or the deterioration of landscaping, lighting or fencing, becomes unsafe or adversely affects the reasonable use and enjoyment of neighboring properties is hereby declared to be a nuisance and shall be subject to abatement by the City in the same manner as all other nuisances on private property. 14. Removal of billboards. Billboards and supporting structures shall be removed at the owner's expense under any of the following circumstances: a. A prior special use permit authorizing the billboard is lawfully revoked and the owner does not comply or refuses to comply with the new special use permit governed by the regulations and restrictions herein. b. A non-conforming billboard is unlawfully enlarged, substantially altered or changed. c. The billboard is an abandoned sign. d. The billboard becomes damaged or dilapidated to fifty percent(50%) or more of its physical structure or economic value. (R.O. 2011 §400.730; Ord. No. 2006-170 §1, 12-19-06) ARTICLE IX. SUBDIVISION REGULATIONS SECTION 400.740: GENERAL PROVISIONS A. Purpose. The purpose of this Article is to: 1. Protect and provide for the public health, safety and general welfare of the City. 2. Guide the future growth and development of the City. 101 3. Ensure regulations are in place to allow for the orderly division of land and to establish reasonable standards of design for subdivisions. 4. Ensure adequate and efficient public facilities, including transportation networks, water services, sewer services, drainage, schools, parks, recreation facilities and other public facilities, are provided. 5. Protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings. 6. Preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features. B. Policy. 1. It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the Comprehensive Master Plan for the orderly,planned, efficient,physical and economical development of the City. Land to be subdivided shall be of such character that it can be used safely for development purposes without danger to health or peril from fire, flood or other menace and land shall not be subdivided until available public facilities and improvements exist and proper provision has been made for drainage, water, sewage disposal and capital improvements, such as schools,parks, recreation facilities, transportation facilities and improvements. 2. The subdivision of land is a privilege conferred upon the developer by the laws of the State of Missouri and through these regulations. It is the developer who is seeking to acquire the advantages of lot subdivision and upon them rests the duty of compliance with this Chapter, the Comprehensive Master Plan, capital budget and program of the City and any reasonable conditions laid down by the Planning and Zoning Commission and the Board of Aldermen so as to promote the safety and general welfare of the future plot owners in the subdivision and the community at large. 3. No land shall be subdivided within the incorporated area of the City until the subdivider or their agent has submitted the appropriate plats to the Board of Aldermen for their review and approval and until the approved plat is filed with the County Recorder of Deeds. No building permit or certificate of occupancy shall be issued for any parcel or plot of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this Article and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations. C. Saving Provision. The regulations of this Article shall not be construed as abating any action now pending under or by virtue of prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the City under any Section or provision existing at the time of adoption of this Chapter or as vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the City, except as shall be expressly provided for in this Article. D. Classification Of Subdivisions. 1. Minor subdivision. Plats involving the following actions shall be considered a minor subdivision,provided all lots have frontage on an existing street and do not require any new streets or the extension of City facilities or the creation of any public improvements. 102 a. A division of land into no more than three (3) lots. b. An adjustment in boundaries between adjoining platted lots. c. An adjustment of building lines. d. A resurvey to combine two (2) or more lots or portion of lots into one (1) lot. 2. Major subdivision. A plat including four(4) or more lots or that requires new streets, the extension of City facilities or the creation of any public improvements shall be considered a major subdivision. 3. Reclassification of minor subdivision. The development of successive minor subdivisions by the same owner or developer or by a person in privity with the owner or developer, so as to circumvent the requirements of these regulations with respect to major subdivisions shall be prevented. Whenever a minor subdivision is developed from the same general tract of land as a previously developed minor subdivision or where successive minor subdivisions are developed so as to constitute a major subdivision within the meaning of these regulations, the entire development shall be treated as a major subdivision. E. Variances To Public Improvements. 1. General. In cases in which there is an unwarranted hardship in carrying out the literal provisions of Article X Infrastructure Improvements the subdivider may request a variance from the regulations. Such a request shall be to vary from the design criteria of Article X Infrastructure Improvements only; all other variance requests shall follow the procedure established in Section 400.280 Variance Applications. 2. Submittal. At the time when a preliminary plat is submitted, the subdivider may submit a petition for a variance from the regulations of Article X Infrastructure Improvements. The petition shall fully state,the grounds for the application and address the review criteria outlined below. 3. Review and recommendation. The Planning and Zoning Commission shall review the petition for a variance in conjunction with the preliminary plat and make a recommendation to the Board of Aldermen. 4. Review and action. The Board of Aldermen shall review the petition for a variance in conjunction with the preliminary plat and take action to approve, approve with conditions or deny the petition. 5. Review criteria. In reviewing all petitions for a variance, the reviewing bodies shall consider the following review criteria: a. The particular physical surroundings, shape or topographical conditions of the specific property involved cause an extraordinary hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations of Article X Infrastructure Improvements are carried out. b. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. c. The granting of the variance will not have the effect of nullifying the intent and . purpose of this Chapter and the Comprehensive Master Plan. d. The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to'other property or improvements in the neighborhood in which the property is located. 6. Conditions. The Planning and Zoning Commission may recommend and the Board of Aldermen may require such conditions as will substantially secure the objectives of this 103 Chapter. 7. Approval. Should a variance be approved, it shall be included as part of the final plat application. (R.O. 2011 §400.740; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.750: APPLICABLE RULES AND REGULATIONS In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules and regulations. Plat approval may be withheld if the subdivision is not in conformity with any of the following. 1. All applicable provisions of the Missouri Statutes. 2. American Public Works Association(APWA) standards. 3. The zoning regulations, building codes, fire safety standards and all other applicable laws of the City. 4. The Comprehensive Master Plan and official plans and programs including, but not limited to,transportation systems, utility systems, drainage systems and parks as adopted by the City. 5. The rules of the Missouri State Highway Department, if the subdivision or any lot contained therein abuts a State highway or connecting street. 6. The standards, regulations and policies adopted by all boards, commissions, agencies and officials of the City. 7. All pertinent standards contained within any and all applicable overlay districts or development specific guidelines as adopted. (R.O. 2011 §400.750; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.760: PLATTING STANDARDS A. General Improvements. 1. Subdivision name. The proposed name of the subdivision shall not duplicate or too closely approximate the name of any other subdivision in the City. 2. Monuments/permanent reference points. The subdivider shall cause a registered land surveyor to install a permanent reference point on all perimeter corners of the property and shall tie all property corners to the quarter section. The construction and placement of monuments shall conform to the current "Minimum Standards for Property Boundary Surveys, 10 CSR 30-2, Missouri Code of Regulations" (as amended). 3. Public improvements. All required public improvements, including street systems, sidewalks, trails, storm water management, sanitary sewer systems, water systems, utilities and open space, shall be designed in accordance with the provisions of Article X Infrastructure Improvements. B. Block Design. The lengths, widths and shapes of blocks shall be appropriate for the locality and the type of development planned and shall be in accordance with the following regulations: 1. Connectivity. Intersection streets shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets in the neighborhood. 2. Width. In residential subdivisions, blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions may be permitted in blocks adjacent to major streets, railroads or waterways. Blocks intended for business or industrial use shall have such width as may be considered most suitable for the prospective use. 3. Length. In residential subdivisions, blocks shall not exceed one thousand(1,000) feet 104 nor be less than four hundred(400) feet in length; except that these requirements may be altered to accommodate necessary changes in topography or other conditions justifying a departure from the standards. Whenever practicable, blocks along major arterials and collector streets shall not be less than one thousand (1,000) feet in length. Blocks in plats of business or industrial land uses may vary in length to most appropriately accommodate the prospective use. 4. Easements. In long blocks, the reviewing bodies may require the reservation of an easement through the block to accommodate utilities, drainage facilities and pedestrian traffic. Pedestrianways or crosswalks, not less than twenty (20) feet wide, may be required by the reviewing bodies through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, recreational facilities, shopping centers,transportation or other community facilities. C. Lot Design And Improvements. 1. Lot arrangement. The arrangement of lots shall be suited for the planned use of the land, zoning requirements and need for convenient access, control and safety of street traffic and the limitations and opportunities of the terrain. 2. Lot dimensions. Lot dimensions shall comply with the minimum standards of the zoning district. Corner lots for residential use shall be at least twenty-five percent (25%) larger than the minimum lot size for the district it is located in order to permit appropriate building setback from and orientation to both streets. Residential lots fronting or backing on major streets shall be platted with extra depth to permit increased distances between the buildings and street. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development planned. 3. Double frontage and reversed frontage lots. Double frontage and reversed frontage lots shall be avoided, except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation. 4. Flag lots. Flag lots shall be prohibited. 5. Access to lots. In residential subdivisions, lots shall not, in general, derive access from a major or secondary street. Where driveway access from a major or secondary street may be necessary for several adjoining lots,the reviewing bodies may require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back onto major or secondary streets. D. Flood Hazard Areas. Subdivisions proposed within flood hazards areas shall assure that: 1. The proposal is consistent with the need to minimize flood damage. 2. All public utilities and facilities such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage. 3. Adequate drainage is provided to reduce exposure to flood hazards. (R.O. 2011 §400.760; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.770: ADDITIONAL REQUIREMENTS A. Self-Imposed Restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by this Chapter, such restrictions or reference thereto may be required to be indicated on the plat or the Board of Aldermen may require that restrictive 105 covenants be recorded with the County Recorder of Deeds in a form to be approved by the City Attorney. Such indication or recording of these greater restrictions shall in no way impart any liability to the City or its officials for any purposes. B. Railroads And Limited Access Highways. If railroad right-of-way or limited access highways are so located as to affect a residential subdivision, a buffer strip at least twenty-five (25) feet in depth, in addition to the normal depth of the lot required in the district, shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat "This strip is reserved for screening. The placement of structures hereon is prohibited". C. Plats Straddling Municipal Boundaries. In general, lot lines should be laid out so as not to cross municipal boundary lines. However, whenever access to the subdivision is required across land within another municipality,the Board of Aldermen may request an opinion from the City Attorney that access is legally established and also from the Director of Community Development or their designees to assure that the access road is adequately improved or that a performance bond has been duly executed and is sufficient to assure construction of the access road. D. Character Of The Land. Land which the Planning and Zoning Commission or Board of Aldermen find to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of inhabitants of the land and surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning Commission and Board of Aldermen, upon recommendation of the Director of Community Development,to solve the problems created by the unsuitable land conditions. Such land shall be set aside for such uses as shall not involve such a danger. (R.O. 2011 §400.770; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.780: NON-RESIDENTIAL SUBDIVISIONS A. General. 1. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provisions as the Planning and Zoning Commission may require. 2. A non-residential subdivision shall also be subject to all the requirements of these regulations, as well as such additional standards required by the Planning and Zoning Commission and shall conform to the proposed land use and standards established in the Comprehensive Master Plan. B. Standards. In addition to the principles and standards in these regulations which are appropriate to the planning of all subdivisions, the developer shall demonstrate to the satisfaction of the Planning and Zoning Commission that the street,parcel and block pattern is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed: 1. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated. 2. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon. 3. Special requirements may be imposed by the City with respect to street, curb, gutter and 106 sidewalk design and construction. 4. Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer and storm water drainage and parking. _ 5. Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed non-residential subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary. 6. Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas. (R.O. 2011 §400.780; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.790: ASSURANCE FOR COMPLETION OF PUBLIC IMPROVEMENTS A. Improvements And Performance Bond. 1. Completion of improvements. Before the plat is signed, all subdividers may be required to complete,to the satisfaction of the City, all the street, sanitary, water, storm water and other improvements on the individual lots of the subdivision as required in these regulations, specified in the final plat and as approved by the Board of Aldermen and to dedicate same to the City free and clear of all liens and encumbrances on the property and public improvements thus dedicated. 2. Performance bond. a. The City shall require either that the applicant complete and dedicate all public improvements prior to the signing of the plat or, that as an alternative,the applicant post a bond at the time of submitting an application for a final plat in an amount estimated by the City as sufficient to secure to the City the satisfactory construction, installation and dedication of the incomplete portion of required improvements. Once established, the bond amount may not be reduced. b. Such performance bond shall comply with the requirements of Section 89.410, RSMo., as amended, and shall be satisfactory to the City Attorney as to form, sufficiency and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Board of Aldermen in the ordinance approving the final plat and shall be incorporated in the bond and shall not in any event exceed two (2) years from the date the final plat is approved. c. Such bond shall be approved by the Board of Aldermen as to amount and with surety and conditions satisfactory to the Board of Aldermen. The Board of Aldermen may, upon proof of difficulty, grant an extension of the completion date set forth in such bond for a maximum period of one (1) additional year. The Board of Aldermen may at any time during the period of such bond accept a substitution of principal or sureties on the bond, but the original amount of the bond may not be reduced. 3. Temporary improvement. The developer shall build and pay for all costs of temporary improvements required by the City and shall maintain same for-the period-specified by -- -the City. Prior to construction of any temporary facility or improvement,the developer shall file with the City a separate suitable bond for temporary facilities. The bond shall ensure that the temporary facilities will be properly constructed, maintained and removed. 4. Costs of improvement. All required improvements shall be made by the developer, at 107 their expense, without reimbursement by the City or any improvement district therein. 5. Governmental units. Governmental units to which these bonds and contract provisions apply may file, in lieu of said contract or bond, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this Chapter. 6. Failure to complete improvements. In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the Board of Aldermen may thereupon declare said bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default. 7. Acceptance of dedication offers--maintenance bond. Acceptance of formal offers of dedication of streets, easements,parks and improvements shall rest with the Board of_ Aldermen. No such dedication of streets, easements, parks or improvements shall be accepted by the City unless the dedicator or the contractor who shall have constructed said street, easement,park or improvement shall furnish and maintain a bond for a period of two (2) years which is deemed by the City to be reasonably sufficient to secure the City against defects in workmanship and materials related to the dedicated work and to ensure that such dedicator or contractor will remedy any such defects occurring within such period. B. Inspection Of Improvements. 1. General procedure and fees. The City shall provide for inspection of required improvements during construction and ensure their satisfactory completion. The applicant shall pay an inspection fee as established by the City. The inspection fee shall be paid at the time of application. The final plat shall not be signed unless the inspection fee has been paid. If the Director of Community Development or their designees finds, upon inspection, that any of the required improvements have not been constructed in accordance with the City's construction standards and specifications, the applicant shall be responsible for completing said improvements. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing said improvements according to specifications. 2. Release or reduction of performance bond. a. ` Certificate of satisfactory completion. The Board of Aldermen will not accept dedication of required improvements, nor release nor reduce a performance bond, until the Director of Community Development or their designees has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant's engineer or surveyor has certified to the Director,through submission of detailed "as-built" drawing, which shall indicate: (1) Elevation of all sewer structures, including pipe inverts and structure top elevation. (2) Final adjusted stationing of all sewer structures and water line valves, hydrants and blowoff assemblies. (3) Final adjusted contours, as featured in the grading plans and emergency drainage plan. (4) Construction materials. (5) Other information required by the City, and that the layout of the line and grade of all public improvements is in accordance with the construction plans for the subdivision and that a title insurance policy has been 108 furnished to and approved by the City Attorney, indicating that the improvements have been completed, are ready for dedication to the City and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the Board of Aldermen shall thereafter accept the improvements for dedication in accordance with the established procedure. b. Reduction of performance bond. A performance bond may be reduced upon actual dedication of public improvements, but only to the ratio that the public improvements dedicated bear to the total public improvements for the plat. In no event shall a performance bond be reduced below twenty-five percent (25%) of the principal amount. C. Escrow Deposits For Lot Improvements. Whenever any lot improvements required by this Chapter cannot be completed due to the season of the year,the Director of Community Development or their designees may issue an occupancy permit,provided there is no danger to health, safety or general welfare and a cash escrow deposit in an amount to be determined by the Director for the cost of said improvements is provided. The performance bond covering the lot improvements shall remain in full force and effect. D. Procedures On Escrow Fund. All required improvements for which escrow monies have been accepted by the City at the time of the issuance of an occupancy permit shall be completed by the developer within a period of nine (9)months from the date of deposit and issuance of the occupancy permit. In the event that the improvements have not been properly completed at the end of the time period, the Director of Community Development or their designees shall give two (2)weeks'written notice to the developer requiring them to complete the improvements. If the improvements are not completed properly in the discretion of the Director of Community Development or their designees, the Board of Aldermen may authorize the City to proceed to contract out the work for the completion of the necessary improvements in a sum not to exceed the amount of the escrow deposit. Prior to obtaining the occupancy permit for which the escrow monies are being deposited, the developer shall obtain and file with the City a notarized statement from the purchaser of the premises authorizing the City to complete the improvements at the end of the nine (9) month period in the event that the improvements have not been duly installed by the developer. E. Maintenance Of Improvements. The developer shall be required to maintain all improvements on the individual lots and provide for snow removal on streets and sidewalks, if required, until acceptance of the improvements by the City. F. Deferral Or Waiver Of Required Improvements. 1. The Board of Aldermen may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not requisite in the interest of the public health, safety and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities. 2. Whenever it is deemed necessary by the Board of Aldermen to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate lack of connecting facilities or for other reasons,the developer shall pay his/her share of the costs of the future improvements to the City prior to signing of the final plat or the developer may post a bond ensuring completion of said improvements upon demand of the City. G. Issuance Of Building Permits And Occupancy Permits. 1. Where a performance bond has been required for a subdivision, no occupancy permit for any building in the subdivision shall be issued until all required improvements have been 109 completed and necessary dedications accepted by the City. In general, the extent of said street improvements shall be adequate for vehicular access by the prospective occupancy and by Police and fire equipment prior to the issuance of an occupancy permit. 2. No building permit shall be issued for the final twenty-five percent (25%) of lots in a subdivision or the final two (2) lots of a subdivision, whichever is greater, until all public improvements as required by the plat approval have been fully completed and dedicated to the City. (R.O. 2011 §400.790; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.800: ASSURANCE FOR COMPLETION OF PRIVATE IMPROVEMENTS An occupancy permit shall not be issued until the improvements outlined below have been completed for the lot or an escrow deposit, as described in Section 400.790 Assurance for Completion of Public Improvements,has been accepted by the City. If any developer or builder has been issued one (1) or more building permits for one (1) or more lots, but an occupancy permit has not been issued because the required improvements have not been completed, said developer or builder shall not be issued any additional building permits until the necessary improvements have been completed. 1. Soil preservation and final grading. Final grading shall be completed in accordance with the approved final plat and the lot shall be covered with soil with an average depth of at least six (6) inch, which shall contain no particles more than two (2) inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets or where the grade has not been changed or natural vegetation has not been seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six (6) inches of cover on the lots and at least four (4) inches of cover between the sidewalks and curbs and shall be stabilized by seeding or plantings. 2. Lot drainage. Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots. 3. Debris and waste. No cut trees, timber, debris, rocks, stones,junk, rubbish or other waste materials of any kind or earth/soil containing such shall be buried in any land or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy and removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence nor excess earth/soil shall be left or deposited in any area of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner. During the construction of any subdivision and prior to the expiration of the performance bond or dedication of public improvements, all stock piles of materials shall be maintained in an appropriate manner to eliminate weeds, debris, rubbish and other nuisances. (R.O. 2011 §400.800; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.810: VACATION OF PLATS A. Vacation Of Undeveloped Subdivision. When no lots on a plat of a subdivision have been sold, 110 the subdivider may request the vacation of the plat or any part-of any plat prior to the time that the improvements covered by the bond are installed and when such plat is vacated, all fiscal sureties shall be returned to the subdivider. Such request shall be made by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated. Such an instrument shall be approved by the Board of Aldermen in like manner as a final plat. The Board of Aldermen may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys. Such instrument shall be executed, acknowledged or approved and recorded or filed in like manner as final plats and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plats so vacated and to divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in such plat. B. Vacation Of Partially Developed Subdivision. When lots have been sold,the subdivider may request the vacation of the undeveloped portion of the plat or a segment of the undeveloped portion of the plat. Such request shall be made by a written instrument, to which a copy of the plat shall be attached, indicating the undeveloped portion of the plat to be vacated. Such instrument shall be executed, acknowledged or approved and recorded or filed in like manner as final plats and being duly recorded or filed shall operate to destroy the force and effect of the recording of the portion of the plat so vacated and to divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in such plat. In reviewing the vacation request,the Board of Aldermen shall consider the following: 1. The impact the vacation will have on any constructed or proposed public improvements within or adjacent to the subdivision. 2. The impact the vacation will have on the developed portion of the subdivision. (R.O. 2011 §400.810; Ord.No. 2006-170 §1, 12-19-06) ARTICLE X. INFRASTRUCTURE IMPROVEMENTS SECTION 400.820: ADEQUATE FACILITIES REQUIRED A. Purpose. The purpose of this Article is to ensure that land proposed for development shall be served by facilities which are adequate to support and service the area of the proposed development. This includes both public and private improvements which are required to J support the development. B. General Provisions. 1. New development shall provide adequate facilities and services to accommodate - demands from proposed development in conformance with the minimum standards established by the City. Land shall not be approved for development unless and until adequate facilities exist or provision has been made for the following essential facilities: transportation facilities,water services, wastewater treatment and disposal, storm water management, utilities,parks and public safety. 2. Facilities shall be provided in a manner that is-consistent with the Comprehensive Master Plan,this Chapter and other standards and policies adopted by the City. _ 3. Infrastructure improvements shall be constructed in conformance with the standards established by the Kansas City Chapter of the American Public Works Associations (KCAPWA)unless otherwise noted in this Article. - - 111 4. New development shall be timed and phased at a pace that will ensure the adequate provision of facilities and services for proposed and future development. Each phased development project shall be designed so that the project is capable of functioning effectively and independently at the completion of each phase. 5. All infrastructure improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunications lines shall be constructed through new development to promote the logical extension of infrastructure. The City may require or participate in the extension of off-site improvements to reach the development or to oversize required facilities to serve anticipated future development. C. General Improvements. 1. Transportation facilities. Transportation facilities shall be designed to provide a safe, convenient and functional transportation system for vehicular,pedestrian and bicycle circulation; shall be properly related to the Comprehensive Master Plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Transportation facilities shall meet the standards specified in Section 400.830 Transportation Facilities. 2. Water services. There shall be an adequate public water supply available for the proposed development. An adequate public water supply shall include potable water for consumption and other inside and outside uses and adequate water pressure for fire flow to meet established standards for fire protection. Water supply systems shall meet the standards specified in Section 400.840 Water. 3. Wastewater systems. There shall be adequate connections to public wastewater disposal systems with adequate capacity to handle the type and volume of flow from the proposed use with evidence that the existing system has available capacity to accept the proposed additional flows. Wastewater systems shall meet the standards specified in Section 400.850 Wastewater Treatment and Disposal. 4. Storm water management. An adequate storm water system shall be provided to accommodate projected peak flows without causing damage to downstream property. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The developer shall install all necessary culverts, storm sewers,rip-rap slopes, stabilized ditches, storm water detention and retention facilities, off-site drainage improvement and other improvements to mitigate the impacts of the proposed development. Storm water management systems shall meet the standards specified in Section 400.860 Storm Water Management. 5. Other public services. Other services such as utilities, parks, public safety and emergency services and schools affected by the proposed development shall be substantially adequate to serve the development at appropriate levels of service. (R.O. 2011 §400.820; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.830: TRANSPORTATION FACILITIES A. Streets--General Requirements. 1. Grading and improvement plan. Streets, including right-of-way, shall be graded and improved and conform to the City of Riverside construction standards and specifications and shall be approved as to design and specifications by the Director of Community 112 Development or their designees in accordance with the required construction plans. 2. Topography and arrangement. a. All streets shall be properly integrated with the existing and proposed street network. Except for courts and cul-de-sacs, streets shall generally connect with streets already dedicated in adjoining or adjacent developments or provide for future connections to adjoining lands or shall be a reasonable projection of streets in the nearest development. b. The arrangement of major streets in the development shall comply with KCAPWA standards and the Comprehensive Master Plan. Streets shall be properly related to population densities, existing and proposed land use patterns and special traffic generators, such as industries, business districts, schools, churches and shopping centers. c. Streets shall be related appropriately to the topography. A combination of steep grades and curves shall be avoided. All streets shall be arranged so as to obtain as many building sites as possible at or above the grades of the streets. d. Local streets shall be planned in order to conform as much as possible to the topography,to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property. e. In commercial and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities and the provision of alleys,truck loading and maneuvering areas and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian. 3. Level of service. The developer shall make provisions so that arterial and collector streets impacted by a development maintain a level of service C or better, when the development is at full occupancy. The developer may be required to submit a traffic impact analysis (TIA) if the proposed development is anticipated to have a material impact on the transportation network within the City. If a TIA shows that a proposed development creates the need for additional off-site right-of-way or other improvements, the developer may be required to provide right-of-way or improvements proportional to the demand created prior to development approval. 4. Classification. All streets shall be classified as an arterial, collector,residential collector or local street. Street classification shall be based on the Comprehensive Master Plan and the projected traffic demands. 5. Access. There shall be an adequate number of points of ingress to and egress from the development to ensure sound traffic engineering design, smooth traffic flow into and out of all portions of the development and the public's safety. In determining whether the development provides for an adequate number of points of ingress and egress, all relevant factors shall be considered including, but not limited to,the following: a. Residential development. Generally, one (1)point of ingress to and egress from the development should be required for each one-hundred(100) dwelling units-in the -- -- - -- - development. Each required point of ingress to and egress from the development shall be located so as to best serve the traffic generated by the development. -- b. Non-residential development. The adequacy of-the-number-of points=o€ingress=to ---=- -_and egress from non-residential developments shall be determined based on the proposed uses and proposed site layout. 113 c. General factors. (1) Traffic accumulation. The level of traffic using each point of ingress to and egress from the development should not exceed the level of traffic that the street is designed to accommodate. (2) Access for emergency vehicles. The points of ingress to and egress from the development should be adequate to ensure that emergency vehicles can gain access to all proposed uses within the development, whenever necessary. (3) Intersection with streets abutting the development. The impact of injecting traffic from the proposed development into the existing street network shall be mitigated by location, design and control measures consistent with the standards of traffic engineering. 6. Street names. To ensure the naming of streets shall be consistent with the City addressing grid system,the street names shall appear on the plat. Proposed street names shall be sufficiently different in sound and spelling from other street names in the City so as not to cause confusion. Streets that are in alignment with already existing and named streets shall bear the names of the existing streets. 7. Street signs. The developer shall pay to the City the cost of purchasing and installing street signs at all intersections within or abutting the development. The term "street sign", as used herein, shall include all traffic control signs, street name signs and any other street signage that is to be owned and maintained by the City after installation. All street signs associated with the development shall be installed before any certificates of occupancy shall be issued for the development. 8. Street lights. The developer shall be responsible for the purchase and installation of street lights within the development. Street lights shall be installed in accordance with KCAPWA design and specification standards. A street lighting plan shall be submitted to the City for review and approval prior to the installation of any street lights. 9. Cul-de-sacs/temporary dead-ends. a. Cul-de-sacs may be permitted where topography or other conditions justify their use and provisions are made for adequate traffic circulation. Cul-de-sacs should not be longer than eight hundred(800) feet measured from the centerline of the cul-de-sac to the centerline of the connecting street. Exceptions may be made where topography or other conditions justify a longer length. A turnaround shall be provided at the closed end, with a radius of at least forty-eight(48) feet to the back of the curb and a right-of-way radius of not less than fifty-nine (59) feet in accordance with standards of the 2018 International Fire Code. b. If the property adjacent to the development is undeveloped and a street must temporarily be a dead-end street,the right-of-way and road improvement shall be extended to the property line. A temporary turnaround shall be constructed with a minimum radius of thirty-five (35) feet. The temporary turnaround shall be constructed of asphaltic concrete with a minimum depth of eight(8) inches. When a temporary turnaround is required, a notation shall be added on the plat indicting that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued. The City may limit the length of temporary dead-end streets in order to ensure the public safety and general welfare of the City. 10. Private streets. Private streets shall generally not be permitted in any development. Exceptions may be considered in commercial, industrial and mixed use developments, if the streets are constructed in accordance with City standards and are deemed appropriate 114 for the area and proposed development. A special association shall be formed to maintain any private street. B. Streets--Design And Construction Standards. 1. Streets shall be designed and constructed in accordance with Sections 2200 and 5200 of the Kansas City Chapter of the American Public Works Association Standard Specifications and Design Criteria, unless as otherwise stated in these regulations. Street Classification Design Standards Residential Arterial Collector Collector Local Minimum ROW Width 80 feet 60 feet 60 feet 50 feet Minimum Street Width(Back t Back of Curb) 44 feet 36 feet 28 feet 28 feet Maximum Grade 7% 6% 8% 10% Minimum Design Speed 40 mph 35 mph 30 mph 25 mph N u m be r of Traffic La nes 3-6 2-4 3 2 Minimum Width of Traffic Lanes 12 feet 12 feet 11 feet 12 feet Both Both Both Sidewalk Requirements Sides Sides Both Sides Sides Sidewalk Width 5 feet 5 feet 5 feet 5 feet Curb &Gutter Required Required Required Required On-Street Parking No No No No * Certain standards are modified from KCAPWA 2. All street pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the City and shall be incorporated into the required construction plans. 3. Excess right-of-way. Right-of-way widths in excess of the standards designated herein shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one (3:1). 4. Street alignment. a. Reverse curves. On streets with reverse curves, a reasonable tangent shall be provided between curves to permit a smooth flow of traffic. b. Where there is a deflection angle of more than ten degrees (10°) in the alignment of a street, a curve with a radius adequate to ensure safe sight distance shall be made. c. Every change in grade shall be connected by a vertical curve constructed so as to afford the minimum required sight stopping distance in conformance with KCAPWA or as otherwise adopted by the City. Said sight stopping distance being measured from a driver's eye level that is assumed to be three and one-half(3'/z) feet above the pavement surface, to an object six (6) inches high on the=pavement. 5. Intersections. a. Streets shall be laid out so as to intersect as nearly as possible at right angles, except 115 where topography or other conditions justify variations. The minimum angle of intersection of streets shall be seventy-five degrees (75°). Not more than two (2) streets shall intersect at any one (1)point unless specifically approved by the City. b. The number of intersections along arterial and collector streets shall be held to a minimum. Wherever practical,the distance between such intersections shall not be less than one thousand(1,000) feet. c. Streets entering the opposite sides of a street shall either be directly across from each other or be offset by at least one hundred fifty (15 0) feet from centerline to centerline. Exceptions shall be allowed where the intersected street has a median with no breaks at either intersection. d. Minimum curb radius at the intersection of two (2) local streets shall be at least twenty (20) feet and minimum curb radius at an intersection involving a collector street shall be at least twenty-five (25) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practices to permit safe vehicular movement. e. Intersections shall be designed with a flat grade, whenever possible. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having a maximum two percent (2%) rate for a distance of sixty(60) feet measured from the nearest right-of-way line of the intersecting street. f. Sight distance triangle. Minimum sight distance shall be provided at each intersection by not erecting,placing or planting an item in such a manner as to materially impede vision between a height of two (2) and eight(8) feet above curb grade within the triangular area formed by imaginary lines that being at the intersection and follow street pavement edges for twenty-five (25) feet and are connected by a line drawn across the lot. g. The cross-slope on all streets, including intersections, shall be three percent(3%) or less. 6. Bridges. Bridges of primary benefit to the developer, as determined by the City, shall be constructed at the full expense of the developer without reimbursement from the City. C. Streets--Dedication And Reservations. 1. Half streets. Dedication of half streets will not be approved except in the public interest. Where an existing half street is adjacent to a new development, the other half of the street shall be improved and dedicated by the developer. 2. Widening and realignment of existing streets. Where a development borders on an existing narrow street or when the Comprehensive Master Plan indicate plans for realignment or widening of a street that would require use of some of the land in the development,the developer shall be required to improve and dedicate, at their expense, the full width as required by these regulations. Land reserved for any street proposed may not be counted in satisfying yard or area requirements of this Chapter. D. Streets--Improvements. 1. Curbs and gutters. Curbs and gutters shall be provided on all streets. Curbs shall not be less than six(6) inches in depth and shall be constructed of Portland cement concrete. A vertical/CG-1 Portland cement concrete curb shall be used. Backfill shall be higher than the curb in order to ensure that surface water drains into the storm drainage system. 2. Street surfacing. All streets shall be hard surfaced. All paving must be provided with a - stabilized subbase and curb and gutter. Adequate-provision shall be made for culverts, drains and bridges. All road pavement, shoulders, drainage improvements and 116 structures, curbs,turnarounds and sidewalks shall be incorporated into the construction plans. 3. Grading. a. All streets, rights-of-way, sidewalks and alleys shall be graded to their full width so that street pavements and sidewalks can be constructed on the same level plane. Deviation from this standard may be permitted, due to special topographical conditions. b. Preparation of subgrade. Before grading is started,the entire right-of-way area shall first be cleared of all stumps, roots, bushes and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled and uniformly compacted to conform to the accepted cross section and grades. (1) Cuts. In cuts, all tree stumps, boulders, organic materials, soft clay, spongy material and other objectionable materials shall be removed to a depth of at least two (2) feet below the graded surface. Rock, when encountered, shall be removed to a depth of at least twelve (12) inches below the graded surface. (2) Fill. In fill, all tree stumps,boulders, organic materials, soft clay, spongy material and other objectionable materials shall be removed to a depth of at least two (2) feet below the natural ground surface. (3) Disposal of objectionable matter. The objectionable matter required to be removed from cuts and fills shall be removed from the right-of-way area and be disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system. E. Sidewalks. A concrete sidewalk located within the right-of-way or an appropriate easement shall be constructed on both sides of all streets. Sides shall be constructed around all cul-de-sacs and connect to sidewalks along streets in order to create a continuous pedestrian network. Sidewalks shall conform to applicable standards, be contiguous to the front lot line and have handicapped access at all intersections. A median strip of grassed or landscaped area at least five (5) feet wide shall separate all sidewalks from adjacent curbs. Sidewalks shall be constructed prior to the issuance of a certificate of occupancy. Crosswalks shall be required to provide safe and convenient access across streets. (R.O. 2011 §400.830; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.840: WATER A. General Requirements. 1. The developer shall construct a complete water distribution system that shall adequately serve all lots within the development. The system shall properly connect with the public water supply and be designed to provide adequate and potable water for the proposed use and fire protection. 2. All underground utilities for water distribution and fire hydrants, together with the fire hydrants themselves, shall be installed prior to final paving of the streets. B. Fire Hydrants. - 1. Fire hydrants shall be required for all developments in accordance with the current Building Code and Appendix C of the 2012 International Fire Code. 2. Fire hydrants shall be constructed in accordance-with the standards-of Missouri American Water. (R.O. 2011 §400.840; Ord. No. 2006-170 §-1, 12-19-06)-- — - - 117 SECTION 400.850: WASTEWATER TREATMENT AND DISPOSAL General Requirements. 1. The developer shall construct sanitary sewer facilities in order to provide wastewater disposal service to all lots within the development. The wastewater system shall be designed and constructed in accordance with the standards of KCMO Water Services, unless otherwise noted in this Section. 2. Sanitary sewer facilities shall connect with public sanitary sewer systems. Individual disposal systems or treatment plants (private or group disposal system) shall be prohibited. 3. Sanitary sewer systems shall be designed and built for the ultimate tributary population. Sewer capacities shall be adequate to handle the anticipated maximum hourly quantity of sewage and waste together with an adequate allowance for infiltration and other extraneous flow. 4. Off-site improvements. The developer shall provide off-site improvements required to adequately serve a proposed development. 5. Extension/oversizing. Upon recommendation of the Director of Community Development and the Planning and Zoning Commission,the Board of Aldermen may require that sanitary sewer lines be oversized to accommodate planned development. (R.O. 2011 §400.850; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.860: STORM WATER MANAGEMENT A. General Requirements. 1. Unless otherwise specified within these regulations, an adequate drainage system, including pipes, culverts, intersectional drains, drop inlets, bridges and other approved methods for proper drainage of all water, shall be provided for each development. The storm water management system shall be designed and constructed in accordance with the standards of KCAPWA,unless otherwise noted in this Section. 2. Storm water systems shall be separate and'independent of any sanitary sewer system. 3. Unless otherwise specified by the City, storm sewers shall be designed by the Rational Method and a copy of design computations shall be submitted along with construction plans. 4. Inlets shall be provided so that surface water is not carried across or around any intersection nor for a distance of more than six hundred(600) feet in the gutter. Provisions shall be made to prevent surface water from flowing onto public right-of-way from a private development at all possible locations. When such provisions are impracticable, computations shall be provided to show assurance that the public system is adequately sized to receive the additional surface water from the development. When calculations indicate that curb capacities are exceeded at a point,no further allowance shall be made for flow beyond that point and catch basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block. Where applicable, an overland flow escape route must be-identified and calculations must be provided to verify that no principal structures will be flooded when larger return period storms exceed the capacity of the proposed storm water system. B. Nature Of Storm Water Facilities. 1. Location. The developer may be required by the City to construct facilities to convey any spring or surface water that may exist either previously to or as a result of the 118 development. Such drainage facilities shall be located in the road right-of-way, where feasible, or in perpetual unobstructed easements. 2. Accessibility to public storm sewers. Where a public storm sewer is accessible,the developer shall install storm sewer facilities or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm water, subject to the specifications of the City. If a connection to a public storm sewer will be provided eventually, the developer shall make arrangements for future storm water disposal by a public utility system. Provision for such connection shall be incorporated by inclusion in the performance bond required for platting. An agreement by the Board of Aldermen for the maintenance of said storm sewers is required or an agreement for such maintenance by a property owners' association is required. 3. Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The developer shall determine the necessary size of the facility, assuming conditions of maximum potential watershed development permitted by this Chapter. Such determination shall be verified and approved by the City. 4. Effect on downstream drainage areas. The developer shall determine the effect of the development on existing downstream drainage facilities outside the area of the development. Such determination shall be verified and approved by the City. Drainage studies,together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development will overload an existing downstream drainage facility,the City-may withhold approval of the development until provision has been made for the expansion of the existing downstream drainage facility. No development shall be approved unless adequate drainage will be provided to an adequate downstream drainage watercourse or facility. 5. Areas ofpoor drainage. When development is proposed for an area that is subject to flooding,the City may approve such application provided that the developer fills the affected area to an elevation sufficient to place the elevation of streets and lots at a minimum of twenty-four(24) inches above the elevation of the 100-year floodplain. A copy of the required floodplainfill permit shall be submitted prior to the issuance of a building permit, along with computations showing that the elevation requirements have been met. The development shall provide for an overflow zone along the bank of any stream or watercourse in a width that shall be sufficient to contain or move the water in times of high water. No fill shall be placed in the overflow zone nor shall any structure be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the City. Development of areas of extremely poor drainage is discouraged and the City may deny development in such areas. 6. Floodplain areas. The City may, when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the-development of any portion of the- property he property that lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth,waste material or stumps;except at the discretion- of iscretionof the City. - - - - - - 119 7. Best management practices (BMP). The storm water management system shall follow BMP requirements of the City. The City may deny any development applications that do not incorporate such practices. C. Dedication Of Drainage Easements. 1. General requirements. When a development is traversed by a watercourse, drainageway, channel or stream,there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse and of such width and construction as will be adequate for the purpose. Wherever possible, drainage should be maintained by an open channel with landscape banks and adequate width for maximum potential volume of flow. 2. Drainage easements. a. Where topography or other conditions are such that it is impractical to include drainage facilities within street right-of-way,perpetual,unobstructed easements at least fifteen(15) feet in width for drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities. b. When a proposed drainage system will carry water across private land outside the development, appropriate drainage rights must be secured and indicated on the plat. c. The developer shall dedicate, either in fee simple title or by a drainage or conservation easement, land on both sides of existing watercourses to a distance to be determined by the City. d. Low-lying land along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainageways. (R.O. 2011 §400.860; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.870: UTILITIES AND EASEMENTS A. Location. All utility facilities including,but not limited to, gas, electric, telephone and cable shall be located underground throughout the development. Whenever existing utility facilities are located above ground, except where existing on public roads and right-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the development shall be shown on the plat. B. Easements. 1. An easement at least ten(10) feet wide shall be provided for utilities along each side or rear line of a lot. The width of the easement shall also account for unusual topography or for easements needed for multiple utilities to ensure the proper placement and maintenance of utility lines. 2. Except where prohibited by topography, utility easements shall be located on lot lines in the rights-of-way of streets or in separate utility easements. The City may require all easements for drainage or sewer to be selectively cleared of undergrowth,trees and other obstructions by the developer. 3. Utility easements shall connect with easements established in adjoining properties. 4. Utility easements shall be shown on the plat and dedicated in conjunction with recordation of the final plat. (R.O. 2011 §400.870; Ord.No. 2006-170 §1, 12-19-06) 120 SECTION 400.880: PARKS AND OPEN SPACES A. All areas to be reserved for or dedicated to public use, such as schools, recreation and open space uses or other public use, shall be suitably incorporated into the preliminary plat in order that it may be determined if and in what manner such areas will be dedicated to or acquired by the appropriate agency. After proper determination of its necessity by the Planning and Zoning Commission, Board of Aldermen and the appropriate City department or other public agency involved in the acquisition and use of each site and a determination has been made to acquire the site by purchase or dedication, the site shall be suitably incorporated into the final plat. B. Referral To Public Body. The Planning and Zoning Commission shall refer the preliminary plat to the public body concerned with acquisition for its consideration and report. The Planning and Zoning Commission may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) days for reply. The agency's recommendation shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition. C. Notice To Property Owner. Upon receipt of an affirmative report, the Planning and Zoning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body. D. Duration Of Land Reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within twelve (12)months of notification, in writing, from the owner that they intend to develop the land. Such letter of intent shall be accompanied by a sketch plan of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve (12) months shall result in the removal of the "reserved" designation from the property involved and the freeing of the�property for development in accordance with said regulations. (R.O. 2011 §400.880; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.890: PRESERVATION OF NATURAL FEATURES AND AMENITIES Existing features which would add value to residential development or to the City as a whole, such as trees, as herein defined, watercourses and falls,beaches,historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land affected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved and all trees, where required, shall be welled and protected against change of grade. The sketch plat shall show the number and location of existing trees as required by these regulations and shall further indicate all those marked for retention and the-location of all proposed shade trees required along the street side of each lot as required by these regulations. (R.O. 2011 §400.890; Ord.No. 2006-170 §1, 12-19-06) ARTICLE XI. ENVIRONMENTAL MANAGEMENT REGULATIONS SECTION 400.900: FLOOD HAZARD PREVENTION A. Findings Of Fact--Statutory Authorization. - - 1. The legislature of the State of Missouri has in Section-89.020, RSMo.,-delegated the 121 responsibility to local government units to adopt floodplain management regulations designed to protect the public health, safety and general welfare. Therefore, the Board of Aldermen of the City of Riverside ordains flood regulations as set out herein. 2. The special flood hazard areas of the City of Riverside, Missouri, are subject to periodic inundation which results in loss of life,property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 3. General causes of the flood losses. These flood losses are caused by the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and by the occupancy in flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated or otherwise unprotected from flood damages. 4. Methods used to analyze flood hazards. The Flood Insurance Study(FIS),that is the basis of this Article, uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps. a. Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation. The base flood selected for this Chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Chapter. It is in the general order of a flood which could be expected to have a one percent(1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS and illustrative materials dated June 4, 1987, as amended, and any future revisions thereto. b. Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood. c. Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point. d. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height. e. Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood. B. Statement Of Purpose. It is the purpose of this Section to promote the public health, safety and general welfare; to minimize those losses described in Section 400.900(A)(2); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Chapter to: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities. 2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction. 3. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard. C. Lands To Which This Article Applies. This Article shall apply to all areas within the jurisdiction of the City of Riverside, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map 122 (FBFM) dated June 4, 1987, as amended, and any future revisions thereto. In all areas covered by this Article, no development shall be permitted except upon approval of a development plan as outlined in Section 400.250 Development Plan Applications. In granting approval of a development plan, the decision-making body may require such safeguards and restrictions as the decision-making body may reasonably impose for the promotion and maintenance of the general welfare,health of the inhabitants of the community and as specifically noted in Section 400.900(E) General Standards for Flood Hazard Reduction and Section 400.900(F) Specific Standards for Flood Hazard Reduction. D. Warning And Disclaimer Of Liability. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods may occur on rare occasions or the flood heights may be increased by manmade`or natural causes, such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the City of Riverside or by any officer or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made hereunder. E. General Standards For Flood Hazard Reduction. 1. No development plan proposing new construction, substantial improvements and other improvements within any numbered or unnumbered A Zones and AE Zones shall be approved unless the conditions of this Section are satisfied. 2. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Article. If Flood Insurance Study data is not available,the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources. 3. Until a floodway is designated,no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development,will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. 4. In all areas of special flood hazards (Zones A, AE, Al-30), the following provisions are required in all new construction, subdivision proposals, substantial improvements, prefabricated structures and other development: a. All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. Shall be constructed with materials resistant to flood damage. c. Shall be constructed by methods and practices that minimize flood damage-. d. Shall be constructed with electrical, heating,ventilation,plumbing and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. e. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 123 f. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters. g. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. h. Storage, material and equipment. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. i. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation or if readily removable from the area within the time available after a flood warning. j. Until a floodway has been designated, no development, including landfill, may be permitted within Zones Al-30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevations of the 100-year flood more than one (1) foot on the average cross section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference Section 400.900(C) Lands to Which This Article Applies. F. Specific Standards For Flood Hazard Reduction. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 400.900(C) Lands to Which This Article Applies,the following provisions are required: 1. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation. 2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or one (1) foot above the base flood elevation or,together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided as part of the application for a development plan. 3. Requirements for all new construction and substantial improvements. Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one (1)foot above grade. Openings may be equipped with screens, louvers,-valves or other coverings or devices,provided that they permit the automatic entry and exit of floodwaters. 4. In all areas of special flood hazard, once floodway data is obtained as set forth in Section 124 400.900(C) Lands to Which This Article Applies, the following provisions are required: a. The designated floodway shall be based on the standard that the area chosen for the floodway must be designed to carry the waters of the base flood without increasing the water surface elevation more than one (1) foot at any point. b. The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other development,within the designated regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 5. Recreational vehicles. Recreational vehicles placed on sites within special flood hazard areas on the community's FIRM shall either be on the site for fewer than one hundred eighty(180) consecutive days and be fully licensed and ready for highway use. (R.O. 2011 §400.900; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.910: LEVEE CRITICAL AREA REGULATIONS 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 three hundred(300) feet riverward and five hundred(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 U.S. Army Corps of Engineers website located at http://www.nwk.usace. army.mil/local_protection/levees.html. D. Variations. In conjunction with approval from the Levee District,the Director of Community Development may allow an applicant to vary from the regulations of this Section in order to allow development practices which better accommodate the sensitive nature of the Levee Critical Area. (R.O. 2011 §400.910; Ord. No. 2006-170 §1, 12-19-06; Ord.No. 2007-47 §27, 5-15-07) SECTION 400.920: STREAM BUFFER AND SETBACK REGULATIONS A. Purpose. This Section sets forth requirements for the protection of natural streams as a conveyance for storm water. Natural streams provide numerous water quality, ecological and quality of life benefits; therefore the protection and preservation of streams should be considered a priority for the community. B. Applicability. The requirements for stream buffers shall be satisfied for all development/ redevelopment proposed adjacent to or ultimately discharging to an existing natural-stream. C. Standards. Chapter 5600 of the Kansas City Chapter of the American Public Works Association Standard Specifications and Design Criteria shall govern the preservation of natural -_ - streams. (R.O. 2011 §400.920; Ord.No. 2006-170 §1, 12-19=06)- 125 SECTION 400.930: LAND DISTURBANCE REGULATIONS A. Adoption Of Kansas City Metro American Public Works Association's Erosion And Sediment Control Manual. 1. Adoption. The Kansas City Metro American Public Works Association's Erosion and Sediment Control Manual (the "Erosion and Sediment Control Manual") is hereby enacted and made a part of this Chapter by reference except as to portions hereinafter specifically deleted, clarified or amended. 2. Adopted standards. The term "adopted standards"shall include the Erosion and Sediment Control Manual. 3. Conflicts. If any conflict should exist between the Erosion and Sediment Control Manual and the City Municipal Code,the provisions of the Code shall control. B. Surety. 1. All applications for a land disturbance permit shall include such escrow, bond, insurance, affidavits, easements, etc., as described below and as required for particular sites. The applicant shall deposit with the City a sum equal to that which is required for assurance of the completion of said project. The Director of Community Development or their designees may adopt procedures, fees and schedules relating to the payment and release of such bonds. Said escrow funds shall guarantee the restoration,maintenance and/or rehabilitation of said site if the project does not proceed in accordance with the plans as approved by the City. Said escrow can be approved by the Director or their designees and the City Attorney and drawn upon by order of the Director or their designees if the requirements of the permit or of this Section are not satisfied. In drawing upon such funds,the Director may use such funds to restore the site to a stable or finished condition or to otherwise remedy any violations, including any costs of inspections and enforcement. 2. In lieu of cash escrow, a bond or surety for not less than one thousand dollars ($1,000.00) may be provided for each grading site, subject to all the terms and conditions of this Chapter and to the approval of the City Attorney. The amount of the bond escrow or indemnity shall partially be based on the City's previous experience with the owner, contractor or builders. 3. Any portion of the deposit not expended or retained by the City hereunder shall be refunded when the disturbance is completed and soil conditions are stabilized to the satisfaction of the City. C. Standards--Safety Precaution. A permit shall be issued and shall remain in force only upon compliance with the following requirements: 1. Surface waters--damage. Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a hill. 2. Retaining walls--cribbing. Retaining walls or cribbing shall be required whenever deemed necessary by the Department of Public Works to prevent the surface of any excavation or fill from exceeding at any point the maximum allowable slopes as set forth herein. 3. Drainage. All drainage provisions shall be of such design to carry surface waters to the nearest practical storm drain or natural watercourse as approved by the Department of Public Works as a suitable place to deposit and receive such waters. Where possible, water shall be dispersed by convex surfaces to dissipate water energy and velocity-arid disperse volume over a greater surface area before being carried to a storm drain or 126 watercourse. 4. Protection of streets and property. No excavation shall be made so close to the property line to endanger any adjoining public or private street without supporting and protecting such public or private street or property from settling, cracking or other damage. 5. Fill location. No fill shall be made so as to cause or to allow the same to be deposited upon or to roll, flow or wash upon or over the premises of another without the express written consent of the owner of such premises so affected; or upon or over any public street, walk, place or way; not so close to the top of a bank of a channel as to create the possibility of bank failure and sliding. 6. Materials. Materials for fills shall consist of material obtained from excavation of banks,borrow pits or other approved source. Material shall be free of vegetable matter and deleterious material and shall not contain large rocks or lumps. Materials for roadways are not covered by this Section as per exceptions in Section 400.260(2) Exemptions. 7. Minimum standards. Minimum standards of excavations and fills shall be as follows: a. No excavation shall be made with a cut face steeper in slope than three (3) horizontal to one (1)vertical. b. No fill shall be made which creates an exposed embankment face steeper in slope than three (3)horizontal to one (1) vertical. The embanked end of the fill shall be uniformly compacted as provided below and stable under the proposed conditions. 8. Minimum standards--land disturbance. Unless modified as may be permitted in this Subsection or by provisions of Subsection(C)(9) below,minimum standards for land disturbance shall be as follows: a. No land disturbance shall occur within fifty(50) feet of any creek, stream, water runoff channels or ravines or in other areas determined by the Director of Community Development or their designees to be highly sensitive or subject to erosion or flooding, except as necessary for construction pursuant to an approved final development plan, special use permit or plat specifically authorizing the modification of this standard and necessitating exception to this minimum standard. b. No land disturbance shall occur on terrain that does not satisfy the minimum standards for excavation or fill, except as necessary for construction pursuant to an approved final development plan, special use permit or plat specifically authorizing the modification of this standard and necessitating exception to this minimum standard. c. No land disturbance shall occur on any property or lot line or within the area of building=setback required by this Chapter, except as necessary for construction pursuant to an approved final development plan, special use permit or plat specifically authorizing the modification of this standard and necessitating exception to this minimum standard. d. No land disturbance shall occur which shall cause a nuisance to any adjoining property owner or which shall violate any Federal, State or local law or regulation. The Department of Public Works, in conjunction with_the Department of Community Development, shall establish regulations for the granting of permits so as to enforce this Chapter and ensure that any grading is completed with minimum erosion, aesthetic degradation or other negative impact on the site or surrounding areas or the community. e. The Department of Public Works, in conjunction with the Department of Community 127 Development, shall establish such other minimum standards as may be necessary to protect grand trees or specimen vegetation or land features or to otherwise affect the purposes of this Section. 9. Minimum standards--all grading. a. All grading shall comply with the restrictions and prohibitions set forth in this Section pertaining to the site or development. No land disturbance permit shall be issued on any site where there is an existing uncured violation of any provision of this Chapter or other development regulations of the City of Riverside. b. Modifications. Any parry seeking a permit may request a modification of any of the minimum standards set forth in this Section by filing a written request with the Department of Public Works specifically identifying: (1) Unique or unusual characteristic(s) of the site, not generally applicable,that eliminate the need for full application of the standard, or (2) The precise mitigation proposed that would fully rectify the harms addressed by the minimum standard to be modified. The Department of Public Works may make such modification upon a determination that such facts exist qualifying for such modification; provided that no modification shall be permitted that shall circumvent any other applicable regulation or the intent of these minimum standards to eliminate the detrimental impact of grading addressed by each such standard. 10. Compaction. All fills intended to support buildings or structures, sewers and conduits shall be compacted to a minimum of ninety percent(90%) compaction as determined by Modified Proctor, ASTM D-1775. Compaction of fills for these uses must be certified by a registered professional engineer at the owner's expense. Frequency of compaction tests is to be determined by the Department of Public Works. Compaction of other fills shall be required where necessary as a safety measure to aid in preventing the saturation, slipping or erosion of the fill. The requirements of the Department of Public Works for the compaction of fills shall include,but shall not be limited to, the following: a. Areas to be graded by cutting or filling shall be rough graded to within two-tenths (2) of a foot of accepted elevation after allowance has been made for thickness of topsoil, paved areas and other installations. b. The natural ground surface shall be prepared by removing topsoil and vegetation and by compacting the fill upon a series of terraces. Hillside or slope fills shall require plowing or scarification of original ground. c. Grading of slopes will require silt fencing at intermediate levels to slow surface water,prevent rutting and decrease erosion. d. Grading sites will require silting basins to prevent mud from washing onto adjacent properties. e. If fill material moisture content is below the requirement for compacting to maximum practical density, water in the proper amount shall be added. If moisture content is too great, fill material shall be aerated by blading or other satisfactory methods to reduce moisture content. f. Frozen materials or soft, mucky, friable, easily compressible materials shall not be incorporated in fills intended to support buildings, structures, sewers or conduits or in the embanked ends of fills. In heavy rain, interrupted work shall not be resumed until moisture content is satisfactory. Fill material shall not be placed, spread or rolled while the ground is frozen or thawing. 128 g. The maximum uncompacted thickness of layers of the fill to be compacted shall not exceed eight(8) inches. h. Compaction shall be by tamping, sheeps foot rollers, multiple wheel pneumatic or other type rollers. Rolling shall be continuous until the desired maximum density is obtained. i. Topsoil disturbed by grading or building operations shall be stripped and piled for storage in an amount necessary to complete finished grading only. 11. Removal of timber, rubbish, etc. Timber, logs,trees, brush, vegetable matters and rubbish of any description shall be removed and disposed of so as to leave the disturbed area with a neat and finished appearance. Tree stumps, masonry and other obstructions shall be removed to the following depths: a. Paved areas. Two (2) feet below subgrade. b. Lawn areas. Two (2) feet below finished grade. Solid rock, shale or similar materials shall be removed to a depth of fifteen(15) inches below subgrade for paved area and two (2) feet below finish grade for lawn area except where it is impractical because of rock outcropping. D. Use Of Streets During Grading. 1. Notice. At least five (5) working days prior to the use of any street in the City by trucks or hauling or grading equipment engaged in grading operations in the City which requires the use of the streets of the City,the contractor in charge shall make a written report to the Department of Public Works specifying the kind and description of trucks or hauling or grading equipment and the loaded and unloaded weight of trucks and hauling equipment and the number of each and the length of time they will be required to use the streets of the City. The contractor shall furnish the Department of Public Works with all other information required to estimate or determine the amount of wear and tear or damage, if any,that may be caused to streets by such usage. Before construction actually commences or while the work on the streets is in progress, the Department of Public Works may require any contractor or subcontractor to post surety bond or insurance with the City to guarantee the City for compensation for any damage to streets, curbs, sidewalks, trees, landscaping or other public facilities. 2. Routes. The Department of Public Works shall, at least two (2) working days before the commencement of work and usage of the streets of the City, notify the contractor of the route or routes to be used by such trucks and equipment. The contractor shall be charged with the duty of seeing that the trucks or equipment use only the route or routes designated by the Department of Public Works. In the event of any emergency requiring a change in route or routes or if the Department of Public Works finds or determines that any route or routes so designated are not safe or that excessive damage is being caused to any street or streets in the City by such usage or if they find the welfare of the City so requires,they may, upon one (1) days' notice to the contractor in writing, designate an alternate route or routes and it shall thereupon be the duty of the contractor to see that the trucks or equipment use only the alternate route or routes so designated by the Department of Public Works. - - - - - E. Conditions Of Streets. 1. Photographs. It shall be the duty of the Department of Public Works, immediately prior to the time of designating the route or routes or alternate route or routes-as provided-- - -- - herein, to examine the condition of the streets to be used and to take photographs of the - - - streets showing the condition of the pavement, curbs, sidewalks and other physical 129 features, which shall be dated and a memorandum made of the location shown by each photograph. Within five (5) days after termination of the use of the streets as herein provided, the Department of Public Works shall have additional photographs made and proper descriptive matter included therewith. 2. Inspection. In addition to the taking of photographs before and after construction,the Department of Public Works shall cause a thorough inspection to be made of the condition of the pavement of the streets designated and used under the permit, as well as the curbs and sidewalks, and shall make written reports of their findings, including with their report after termination of the work their estimate of the cost of restoring the street to its original condition as well as any curbs or sidewalks. F. Damage to Streets, Curbs And Sidewalks. At the time the Department of Public Works designates the route or routes to be used as provided above,they shall notify the contractor that the City will hold the contractor liable for unusual wear and tear or damage to the streets, curbs and sidewalks resulting from such usage and that acceptance of the route or routes by the contractor shall constitute an agreement on their part to pay the reasonable cost of restoring the streets, curbs and sidewalks in question to their original condition. Within thirty(30) days after termination of the contractor's usage of said route or routes under the land disturbance permit, the contractor shall pay to the City an amount sufficient to reimburse the City for the expense of restoring the streets, sidewalks and curbs to their original condition. G. Construction Dirt, Debris And Noise. 1. Barriers at construction site. After new excavation or construction is commenced on any lot or tract of land in the City and until sodding, planting, concreting,paving or other final surfacing is in place which will avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets and the space between sidewalks and curbs, the owner of the property or the contractor or builder in charge of work shall erect and maintain temporary walls or other approved barriers to prevent such washing or spreading of mud or.dirt. At the end of each day and as required throughout the day during the course of excavating or construction, dirt and mud on the sidewalks, curbs, gutters and streets and the space between sidewalk and street, resulting from work, must be removed. 2. Removing mud from vehicle wheels. The owners, contractors, subcontractors and builders,jointly and severally, shall provide their personnel with shovels or other equipment as necessary to remove dirt from the wheels of all vehicles leaving any grading site where mud has accumulated on the wheels, before such vehicles enter any public or private street of the City. It shall be unlawful for any owner, contractor or subcontractor or builder to permit any vehicles to leave such place with mud on the wheels which is liable to be dispersed over any public or private street of the City and it shall be unlawful for any driver of a vehicle to enter upon the public or private streets of the City without having removed or had mud removed from the wheels prior to such entry. Each occurrence in which the mud is not removed shall be a separate offense. 3. Spilling materials on streets. The owners, contractors, subcontractors and builders, jointly and severally, who may load dirt,mud or other materials on any vehicle at any grading site in the City, during construction or otherwise, shall so load the same that no portion thereof shall be spilled or be liable to be spilled on the streets of the City. It shall be unlawful for any such person to permit any vehicle to enter upon the streets of the City loaded in violation of this provision and it shall be unlawful for any driver to operate a- 130 vehicle on the streets of the City which is loaded in such manner that it spills or is liable to spill mud, dirt or other materials on the streets. 4. Boards over sidewalks. Boards,tracks or other protection must be laid over-sidewalks, curbs and gutters to avoid dirt and mud accumulating therein, as completely as possible and to prevent breakage or damage to such installations, of whatever material constructed. Damage to walks, curbs and gutters will be repaired by the contractor or the Department of Public Works may cause to have them repaired at the contractor's expense. 5. Waste material. During the course of construction or excavation, owners, contractors and builders are required to clean up all paper, refuse, sticks, lumber and other building waste and all other waste material daily and to prevent the same from blowing or otherwise being scattered over adjacentpublic or private property. 6. Planting ground. Vacant property and improved property, after grading and construction is completed, shall be sodded,planted, concreted,paved or otherwise surfaced to avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets and the space between sidewalks and curbs prior to issuing an occupancy permit.. 7. Grading. Grading, including operation or idling of equipment, shall be accomplished only between the hours of 7:00 A.M. and sunset on weekdays and 8:00 A.M. and sunset on Saturdays and Sundays,,unless in the case of an emergency or a limited extension of hours is specifically granted by the Department of Public Works. 8. Noise. The applicant shall take appropriate measures to reduce noise to the fullest extent practical in the performance of the grading work. H. Correction Of Deficiencies. 1. All violations shall be corrected within the time limit specified in the issuance of a written notice to correct. Action to correct violations which require immediate action shall be taken upon verbal notification of the contractor by the City. All persons failing to comply with such notice shall be deemed in violation of this Chapter. 2. Any usage of the applicant's surety shall be followed by a written explanation by the Director of Community Development or their designees describing the condition corrected and the funds required to complete the corrective action. 3. Nothing in this Section shall prevent prosecution of violations of this Chapter in the absence of, or in addition to,the issuance of a notice of violation. I. Right-Of-Way Permit. 1. Permit required. No person shall make or cause to be made any excavation in any public place, street, roadway,parkway, walkway,-alley, right-of-way or easement ("public area") without first obtaining a permit from the Department of Public Works except in case of public work done by the employees of the City or by any contractor under contract with the City. Each separate and distinct excavation shall require a separate permit. This Subsection shall apply to all persons and to all private,public and municipal corporations. 2. Emergency work. In cases where public health or safety-is-in danger or whatever excavations must be made on an emergency basis to eliminate hazards to persons or to prevent interruptions in the utility services or to restore such services after an interruption has developed and the City is not open,the provisioris of this-Subsection relatirig to------- - -— - issuances of a permit prior to excavation shall not apply.--In such case-the person-making - 131 the excavation shall notify the Police Department of the City that the emergency work is being commenced and the location thereof and the work may precede immediately. Final surfacing or temporary patches by the contractor shall not be placed until such time as the City has inspected and approved the backfill and issued a permit therefore. Application for a permit shall be made on the first (1 st) day the City public works office is open after the emergency work is commenced. 3. Application and permit fee. Application for a permit as required above shall be made on a form provided by the City, which application shall contain information regarding the purpose, location and the size of the proposed excavation and the approximate time work thereon will be commenced and shall state the length of time applicant estimates will elapse from the commencement of the work until complete restoration of the surface. Each excavation shall require a separate permit. The fee for each permit shall be as stated in Section 400.1110 Schedule of Fees. 4. Posting insurance. Before any permit is issued, the applicant shall furnish proof of adequate insurance and protection to the City against all claims for damages arising from the prosecution of the work as provided in Subsection(I)(5) of this Section. 5. Deposit. The application for a permit shall, in lieu of or in conjunction with the surety required by Subsection(B) of this Section, include a cash deposit to insure the applicant will backfill the excavation, repair the pavement and restore the site in compliance with this Section. a. The approximate cost of granular backfill, repaving operations and general site restoration to be performed by applicant desiring to make an excavation will be estimated by the Department of Public Works at the time the application for a permit is submitted and the cost so estimated shall be deposited with the City. The amount of the deposit shall be reasonably sufficient to secure the City against any damage or expense which may result from the applicant's failure to comply with the provisions of this Section. The amount of such deposit shall be based upon the location, purpose and extent of the work. However, the minimum amount of deposit shall be one hundred dollars ($100.00). The maximum deposit shall not exceed five thousand dollars ($5,000.00), except where unusual circumstances exist. b. Utility companies, contractors performing excavations under contract for utility companies or other governmental agencies are not required to provide a cash deposit. c. Each permit shall have a separate cash deposit to guarantee backfilling,paving and site restoration in accordance with this Section. d. The applicant is responsible for maintenance of the excavation for one hundred eighty (180) days. Settlement of the excavation or cracking, breaking or rutting of the . surface shall be prima facie evidence of improper backfill, which shall be replaced by the applicant or by the City with the cost paid out of the deposit. e. If the work is completed satisfactorily, the deposit shall be refunded to the applicant within fifteen (15) days of the final inspection by the Department of Public Works. The contractor is responsible for notifying the Department of Public Works of final completion of work. The final inspection will not be performed until the one _ hundred eighty (180) day maintenance period is over. f. In the event the applicant fails to complete or correct the work required by this Section, the City may correct or complete said work; and the cost to the City shall be paid out of the deposit. In the event that such deposit is insufficient to pay for the City's cost or if no deposit was retained, the applicant shall pay the excess cost to the 132 City within thirty (30) days. Failure to pay said costs shall constitute cause to deny future applications for grading or excavation until any default is fully cured. g. Failure of the applicant to call for the final inspection within one(1)year-of the issuance date of the permit shall result in the deposit being forfeited by the applicant and said deposit shall be paid to the City Treasury as general revenue. 6. Liability insurance or bond. Every applicant for an excavation permit shall register with the City proof that the applicant is maintaining liability insurance in the sum of one hundred thousand dollars ($100,000.00) for bodily injury to each person, three hundred thousand dollars ($300,000.00) for bodily injury to all persons in one (1) occurrence arising out of or on account of excavation work on account of or in consequence of any neglect in safeguarding the work. Such insured shall be carried in a firm or corporation which has been licensed or permitted to carry on such business in the State and shall be kept and maintained continuously in force and effect so long as the excavation work shall be in process. A verified copy of the insurance policy shall be filed with the City with the certificate of the insurer that the policy is in full force and effect and that such insurance will not be altered, amended,terminated or ended without notice having been given to the City. In lieu of the insurance as herein provided,the applicant may deposit a corporate or other surety bond in the penal sum of one hundred thousand dollars ($100,000.00) conditioned that they will pay any judgment recovered by any person injured or any property damage incurred on account of the excavation work or on account of or in consequence of any neglect in safeguarding the work. In the event the insurance policy provided for herein lapses and is not immediately renewed or any bond terminates in any manner whatsoever and a substitute in lieu thereof is not deposited,the permit for such excavation shall be revoked immediately. 7. Manner of making excavations. a. In the making of excavations in any street or public space,the excavated materials from the trenches shall be placed where they will cause the least possible inconvenience to the public. If the excavated material is waste material, it shall be immediately removed from the site. b. The width of excavation shall be no greater than is necessary for doing the work and sheathing and bracing shall be used, as necessary, to keep the sides of the trench .vertical and to prevent caving. Excavations shall be made in accordance with City, County, State and Federal regulations. c. Adequate provision for proper drainage of the area surrounding the work shall be maintained at all times. d. At no time shall the maximum length of an open trench be permitted to exceed five . -- hundred (500) feet. e. No trench or pit shall be permitted to remain open without work actually in progress at each specific location for a period in excess of three(3) full working days, Saturdays, Sundays and legal,holidays excepted. f. Excavations shall be covered or fenced when work is not in progress. Excavations in roadways shall be backfilled or covered with steet plates-at-the-end of the workday to allow traffic to safely cross over the excavation. g. When a roadway is partially blocked by the excavation work,the applicant shall provide a flag person to direct traffic safely through the excavation-site. Roadways -- shall not be closed except upon approval by the Department of Public Works after an- approved detour has been established and properly signed and after the Police and 133 appropriate Fire Department have been notified. 8. Manner of backfilling, repaving and site restoration. a. Excavations made in or under the street, walk or driveway pavement shall be backfilled with granular material thoroughly tamped into place and the pavement surface restored. In such locations, excavated materials shall be removed from the site of the work as the excavation is made and no such materials shall be allowed to accumulate on the site. b. Substitution may be made for granular backfill or pavement restoration only with the specific approval of the Department of Public Works in each instance. c. Approved granular backfill material shall be composed of one (1) inch minus crushed stone or gravel and sand, free from clay lumps and trash and conforming to industry standards for sieve analysis. d. The granular backfilling material shall be at the excavation site at the time of the inspection by the Department of Public Works so they can determine compliance with aggregate specifications. Granular backfill shall be placed in horizontal layers not greater than six (6) inches thick before compaction and shall be densified by mechanical tamping or inundating and vibration or jetting. Each layer of fill material shall be compacted to ensure the desired compaction and density which shall be not less than ninety-five percent (95%) standard compaction. During placement, care shall be taken to avoid undue segregation of coarse and fine particles. e. Asphaltic concrete pavement, macadam pavement or bituminous pavement shall be restored as follows: (1) Excavation edges shall be cut straight to a minimum depth of two (2) inches and squared with a concrete saw. The edge shall be primed and an asphaltic concrete, as approved by the Department of Public Works, shall be placed on the compacted backfill. The depth of asphaltic concrete shall be eight(8) inches placed in layers not greater than three (3) inches nor less than one (1) inch. Each layer shall be thoroughly compacted and the surface shall be smooth and free of ruts matching the existing pavement to support traffic without rutting or settling. f. Concrete pavement shall be restored as follows: (1) Excavation edges shall be straight, cut full depth and squared with a concrete saw or replaced to a joint. A six (6) sack Portland cement concrete shall be placed on the compacted backfill. The concrete thickness shall be seven(7) inch minimum. The concrete surface shall be finished to match the surrounding finishes. The concrete shall be protected from traffic for seven(7) days. g. Curbs shall be restored as follows: (1) The existing remaining curb shall be cut straight with a concrete saw or removed to a joint. The new curb shall match(asphaltic concrete or Portland cement concrete), shape and style of the existing curbs. Concrete curbs shall be reconstructed with six (6) sack Portland cement concrete. h. Excavations in parkways outside of the paved area may be backfilled with earth and all grassed areas returned to their original condition by sodding or seeding as directed by the City. Earth backfill is to be placed and compacted in the same manner as described in this Section for granular fills or thoroughly jetted to obtain maximum settlement and shall be maintained by the applicant until the areas has been stabilized in the original condition. As soon as the excavation has been backfilled, all excess excavated materials shall be removed from the area and disposed of. 134 9. All work shall be guaranteed from defects for a period of one (1) year after the inspection. 10. Inspection of bacljill material and pavement replacement. Backfill material must be- approved by a City Inspector. In the event backfill material is not approved by the City, all such backfill must be removed and replaced under a City Inspector's supervision. Pavement shall be replaced only upon inspection by.the City. 11. Interference with traffic and driveways--restoration of surfaces. All excavations regulated by this Section shall be made in such manner as not to inconvenience or interfere with the public use or travel upon the streets, sidewalks or other public places when possible. When such use is unavoidably obstructed,the person making such excavation shall exercise all reasonable dispatch in prosecuting the work so that the public use will not be obstructed beyond a reasonable time. All sidewalks, crosswalks, curbs, gutters, streets or public places disturbed, interfered with or injured in making such excavation shall be restored, replaced and repaired to as good condition as they were before such excavation was made. 12. Barricades, signs, lights and warning signals. Every person who shall make or cause to be made any excavation in or adjoining on a public street, highway or public place shall provide, erect and maintain at all times along the line of work all such barricades, signs, lights and warning signals as may be necessary to advise,warn and protect the public from the hazards arising from the operation. All traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration. 13. Protection ofpublic as to excavations near public ways. No person shall make, cause or permit, any opening near any public street, highway, alley or other public place to be left open and unguarded so as to be dangerous to persons passing along said street, highway, alley or other public place. 14. Inspections. Inspection fees for each inspection performed shall be in accordance with Section 400.1110 Schedule of Fees. A minimum of one (1) inspection shall be required for each permit. (R.O. 2011 §400.930; Ord.No. 2006-170 §1, 12-19-06) ARTICLE XII. NON-CONFORMITIES SECTION 400.940: GENERAL PROVISIONS A. Purpose. The purpose of this Article is to establish regulations that govern uses, structures;lots- - and other current circumstances that existed legally-prior to the effective date or amendment of this Chapter, but that do not conform to all of the applicable requirements of this Chapter. Such instances shall be considered legal non-conformities. B. Policy. It is the general policy of the City to allow legal non-conformities to continue to exist, but to bring as many aspects of such situation into conformance with this Chapter as is reasonably practicable. It is the intent of the City to recognize the interests of the-property-- - owner in continuing to use the property, but to prohibit the expansion of the-non-conformity and to prohibit re-establishment of abandoned uses and to prohibit-re-establishment of buildings-and-- - - structures that have been substantially destroyed. - —" ---- _-—C. Authority To Continue. Legal non-conformities shall be-allowed to continue-in accordance-with 135 the regulations of this Article. D. Determination Of Legal Non-Conforming Status. The burden of establishing that a non-conformity legally exists is to the property owner and not the City. E. Repair And Maintenance. Repairs and normal maintenance required to keep non-conforming structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Article or required by law. F. Change Of Tenancy Or Ownership. Changes of tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such non-conformity. (R.O. 2011 §400.940; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.950: LEGAL NON-CONFORMING USES Legal non-conforming uses shall be subject to the following standards. 1. Expansion. A legal non-conforming use shall not be expanded or enlarged to occupy a greater area of land or floor area than was occupied prior to the effective date or amendment of this Chapter and no additional accessory use, building or structure shall be established on the site of a legal non-conforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was legally and manifestly designed or arranged for such use prior to the effective date or amendment of this Chapter. 2. Relocation. A legal non-conforming use shall not be moved in whole or part to any other portion of such parcel or to another lot unless the use will be in conformance with the regulations of the zoning district into which it is moved. 3. Change of use. A legal non-conforming use may be changed to a new use, provided the new use shall be of the same general character or of a character less intensive (and thus more closely conforming)than the existing legal non-conforming use. The Director of Community Development shall make the initial determination of whether a proposed use is of the same general character or of a character less intensive than the existing use with an appeal to the Board of Zoning Adjustment. A legal non-conforming use may not thereafter be changed back to a less conforming use than it was changed from. 4. Discontinuance and abandonment. If a legal non-conforming use ceases for any reason for a period of six (6) consecutive months, it shall not thereafter be resumed and the subsequent use of the land shall conform to the regulations of the zoning district that such land is located. 5. Residential uses. Any structure that is devoted to a legal non-conforming residential use, provided there are not more than four (4) dwelling units, may be reconstructed to its former condition, dimensions and location on the lot, provided the destruction was caused by an accident or act of nature and the reconstruction does not increase the degree of non-conformity that existed prior to the destruction. Reconstruction must commence within one (1) year of destruction. If such reconstruction does not commence within the stated time frame,the non-conformity shall be considered abandoned and the subsequent use of the land shall conform to the regulations of the zoning district that such land is located. 6. Sale of used motor vehicles. Any person or firm who obtained a special use permit prior to the effective date of this Chapter to allow the sale of used motor vehicles in the "C-1" District may continue to operate the business as a legal non-conforming use. However 136 the special use permit shall be revoked if any of the following occur: a. The special use permit expires. b. The person or firm is in violation of this Chapter or any condition of the special use permit approval. c. The permit holder becomes deceased provided that the executor or administrator of the estate of a deceased permit holder may continue the business under the order of an appropriate court for not longer than six (6) months after the death of the permit holder. (R.O. 2011 §400.950; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.960: LEGAL NON-CONFORMING STRUCTURES Legal non-conforming structures shall be subject to the following standards. 1. Expansion. A legal non-conforming structure shall not be expanded, enlarged or extended. 2. Relocation. A legal non-conforming structure shall not be moved in whole or part to any other portion of such parcel or to another lot unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations. 3. Damage or destruction. a. In the event that any legal non-conforming structure is damaged or destroyed, by any means,to the extent of more than fifty percent(50%) of its structural value prior to such destruction, such structure shall not be restored unless it shall conform with all regulations of the zoning district that it is located. b. When such damage or destruction is fifty percent(50%) or less,the legal non-conforming structure may be restored, provided a building permit is obtained within six (6)months from the time of such damage or destruction and restoration is completed within one (1) year after the date the building permit was issued. The time limit may be extended at the discretion of the Director of Community Development. 4. Existing building permits. Nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building for which a building permit has been issued and plans for which are on file with the City prior to the effective date or amendment of this Chapter. (R.O. 2011 §400.960; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.970: LEGAL NON-CONFORMING LOTS Legal non-conforming lots shall be subject to the following standards. 1. A legal non-conforming lot shall not be used or sold in a manner that would increase its degree of non-conformity. 2. A structure may be constructed on any single legal non-conforming lot,provided that all other requirements of the zoning district within which the lot is located are complied with and all appropriate permits are obtained prior to any construction activity. (R.O. 2011 §400.970; Ord. No. 2006-170 §1, 12-19-06)______ __ SECTION 400.980: OTHER LEGAL NON-CONFORMITIES -- -- - —— - - -A. Applicability. The types of other legal non-conformities that this Section-applies-to-include,but are not limited to: 137 1. Fence height or location; 2. Lack of or inadequate landscaping or buffering; 3. Lack of or inadequate off-street parking; and 4. Other legal non-conformities not involving zoning district use or property dimension standards (lot area, building setbacks and height, etc). B. Expansion Or Change Of Use. Where an expansion, addition or change of use is proposed,the entire lot shall be brought into conformance with current requirements of this Chapter as to fences, landscaping and buffering, off-street parking and other non-use and non-property dimension standards. (R.O. 2011 §400.980; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.990: NON-CONFORMITIES CREATED BY PUBLIC ACTION When lot area or setbacks are reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent(75%) of the required minimum standard for the district that it is located, then such lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Chapter without resort to the Board of Zoning Adjustment. (R.O. 2011 §400.990; Ord.No. 2006-170 §1, 12-19-06) ARTICLE XIII. VIOLATIONS AND ENFORCEMENT SECTION 400.1000:RESPONSIBILITY FOR ENFORCEMENT The Director of Community Development or their designees shall enforce this Chapter. (R.O. 2011 §400.•1000; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.1010:TYPES OF VIOLATIONS Any of the following shall be a violation of this Chapter and of law and shall be subject to the remedies and penalties provided in this Chapter, the City Municipal Code or the general Police powers granted by Missouri law: 1. Subdivision, development or use without permit. To engage in any subdividing, development, use, construction, remodeling or other activity of any nature upon the land and 'improvements thereon, subject to the jurisdiction of this Chapter, without all of the required permits, approvals, certificates and other forms of authorization required by this Chapter in order to conduct or engage in such activity. 2. Subdivision, development or use inconsistent with permit. To engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity. 3. Subdivision, development or use inconsistent with conditions. To violate, by act of omission, any term, conditions or qualification placed by the Planning-and.Zoning Commission, Board of Aldermen, Board of Zoning Adjustment, Director or their designees, as applicable, upon a required permit, certificate or other form of authorization granted by the Planning and Zoning Commission, Board of Aldermen, Board of Zoning Adjustment or Director or their designees to allow the use, development, sign or other 138 activity upon land or improvements thereon. 4. Subdivision, development or use inconsistent with this Chapter.. To erect, construct, reconstruct, remodel, alter, maintain,move or use any building;structure or sign or-to-use any land in violation or contravention of any zoning, subdivision, sign, environmental management or general regulation of this Chapter or any amendment thereof. 5. Make lots or setbacks non-conforming. To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Chapter and the final plat or site plan. 6. Increase intensity of use. To increase the intensity of use of any land or structure, except ! in accordance with the procedural and substantive requirements of this Chapter. 7. Continuing violations. To continue any of the violations of this Section, each day that a violation continues shall be considered a separate offense. 8. Removing, defacing or obscuring notice. To remove, deface, obscure or otherwise interfere with any notice required by this Chapter. (R.O. 2011 §400.1010; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.1020:REMEDIES AND ENFORCEMENT POWERS The City shall have the following remedies and enforcement powers. 1. Withhold permits. a. The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon that there is an uncorrected violation of a provision of this Chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. Instead of withholding or denying an authorization,the City may grant such authorization subject to the condition that the violation be corrected. This enforcement provision shall apply regardless of whether the',current owner or applicant is responsible for the violation in question. b. The City may deny or withhold all permits, certificates or other forms of authorization of any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this Chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision shall apply regardless of whether the property that the permit or other approval is sought is the property in violation. 2. Revoke permits. Any permit may be revoked when the Director or their designees determines: a. There is departure from the plans, specifications or conditions as required under terms of the permit; b. The same was procured by false representation or was issued by mistake; c. Any of the provisions of this Chapter are being violated. Such revocation may alsoinclude certificates-to-occupy or conduct business. Written - notice of such revocation shall be served upon the owner,the owner's agent or contractor or upon any person employed on the building or structure that such permit was issued or— - - shall be posted in a prominent location; and, thereafter, no such construction shall - - proceed. Such revocation may include certificate-to occupy or conduct business. 3. Stop work. With or without revoking permits, the City may stop work on any building, 139 structure or project on any land that there is an uncorrected violation of a provision of this Chapter or of a permit or other form of authorization issued hereunder in accordance with its power to stop work under its building codes. 4. Revoke plan or other approval. Where a violation of this Chapter involves a failure to comply with approved plans or conditions that the approval of such plans was made subject, the Board of Aldermen may, upon notice to the applicant and other known parties in interest(including any holder of building permits affected) and after a public hearing,revoke the plan or other approval or condition its continuance on strict compliance. The Board of Aldermen may reasonably impose other conditions to ensure the provision of security. 5. Injunctive relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Chapter or of a permit, certificate or other form of authorization granted hereunder. 6. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition that they existed prior to the violation. 7. Penalties. The penalty for a violation of this Chapter shall be governed by the City Municipal Code and the City may seek such criminal or civil penalties as are provided by Missouri law or Municipal Code. 8. Other remedies. The City shall have such other remedies as are and as may be from time to time provided by Missouri law and the City Municipal Code for the violation of zoning, subdivision, sign or related UDO provisions. (R.O. 2011 §400.1020; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.1030:REMEDIES CUMULATIVE The remedies and enforcement powers established in this Article shall be cumulative. (R.O. 2011 §400.1030; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.1040:ENFORCEMENT PROCEDURES A. Non-Emergency Matters. In the case of violations of this Chapter that do not constitute an emergency or require immediate attention, the Director or their designees shall give notice of the nature of the violation to the property owners or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereinafter stated. The persons receiving notice shall have ten(10) days to correct the violation before further enforcement action shall be taken. Notice shall be given in person, by United States mail or by posting notice on the premises. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions, should the situation not be corrected. B. Emergency Matters. In the case of violations of this Chapter that constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the City may use the enforcement powers available under this Article without prior notice, but the Director or their designees shall attempt to give notice simultaneously with beginning enforcement action to the-property owner,to any other person who is party to the agreement and to applicants for any relevant permit. (R.O. 2011 §400.1040; Ord. No. 2006-170 §1, 12-19-06) 140 SECTION 400.1050:OTHER ENFORCEMENT MATTERS A. Other Powers. In addition to the enforcement powers specified in this Article,the City may exercise any and all enforcement powers granted to them by Missouri law as it may be amended from time to time. B. Continuation. Nothing in this Chapter shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and laws. (R.O. 2011 §400.1050; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.1060:VIOLATIONS OF PRIOR REGULATIONS All violations under the previously existing regulations that exist within the City as of the effective date of this Chapter shall continue to be violations and shall not be considered to be legal, non-conforming situations under this UDO. The City shall have the authority to secure remedies for violations of those regulations to the same extent that it may secure similar remedies for violations of this Chapter. (R.O. 2011 §400.1060; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.1070:PENALTY FOR VIOLATIONS AND CIVIL REMEDIES A. Civil Citations. If the Director or their designees determines that a violation of this Chapter or regulations made under its authority has occurred, the Director or their designees may issue the violator a civil citation which shall be proceeded upon in accordance with the provisions herein. The civil citation shall be issued to the violator by the Director or their designees upon a uniform municipal infraction form provided by the Clerk of Municipal Court, which shall include a notice of summons to answer the charges against them within the time specified on the form for hearing before the Municipal Court. Upon issuance of a civil citation,the Director or their designees shall provide a copy of the notice of summons to the Clerk of the Municipal Court. B. Plea And Fines. Any person issued a civil citation for a violation of this Chapter or regulations made under its authority, for which payment of a fine may be made to the Municipal Court, shall have the option of paying the fine in the sum and within the time specified by the civil citation upon entering a plea of guilty and upon waiving an appearance in court. It shall be the duty of the Municipal Court to accept payment of a fine. The payment of a fine to the Municipal Court shall be deemed an acknowledgment of conviction of the alleged offense and the court, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment. Any person issued a civil citation may, in the alternative, enter a plea of not guilty and, upon the entry of a plea of not guilty, shall be entitled to a trial as authorized by law. 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. 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 guilty of a misdemeanor and upon conviction thereof shall be--fined in an amount not exceeding-five-- - = hundred dollars ($500.00) or be imprisoned in the City or County Jail for a period not exceeding ninety(90) days, or both a fine and imprisonment. Each day such violation is committed or 141 permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. D. Civil Lawsuits. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this Chapter and to abate nuisances maintained in violation thereof. In the event that any building or structure is or is proposed to be erected, constructed, altered, converted, moved or maintained in violation of this Chapter or any building, structure or land is proposed to be used in violation of this Chapter, the City Attorney or other appropriate authority of the City may, in addition to any other remedies, institute injunction, mandamus or any other appropriate actions or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, moving, maintenance or use or to correct or abate the violation or to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about the premises. (R.O. 2011 §400.1070; Ord.No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §28, 5-15-07) ARTICLE XIV. DEFINITIONS SECTION 400.1080:RULES OF INTERPRETATION A. For the purpose of this Chapter, certain words and terms used herein shall be defined as set forth in this Article. If not specifically defined herein, words and terms shall be defined as in their most common language, unless the context clearly indicates to the contrary. B. Words used in the present tense include the future tense. C. Words in the singular number include the plural and words in the plural number include the singular. D. The word "herein"means the Unified Development Ordinance. E. Gender specific words, such as his or hers, shall include the opposite gender. F. The word 'person"includes an individual, corporation, partnership or an incorporated association of person, such as a club. G. The word "shall"and the word "must"are mandatory and not directory. H. The word "building"includes the word "structure"and the word "structure"includes the word "building". I. The term "used for"or "occupied for", as applied to any land or building, shall be construed to include the words "intended, arranged or designed for". (R.O. 2011 §400.1080; Ord.No. 2006-170 §1, 12-19-06) SECTION 400.1090:DEFINITIONS The following words and terms, as used herein, are defined to mean the following: 100-YEAR FLOOD: See "BASE FLOOD". ABANDONED SIGN: A sign which has carried no message for more than one hundred eighty (180) days or which no longer identifies an operating business, lessor, service, owner, product or activity, date or time of past event and/or for which no legal owner can be found. ACCESSORYSTRUCTURE: A subordinate structure or building which is clearly and customarily incident to the principal structure or building and which is located on the same lot as the principal structure. Any accessory structure or building attached to a principal building or 142 structure is deemed to be part of such principal building or structure. ACCESSORY USE: A subordinate or secondary use which is clearly and-customarily incidental to the principal use of a building or premises and which is located on the same lot as the- principal building or use. ACTUARIAL OR RISK PREMIUM RATES: Those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigation which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and accepted actuarial principles. "Risk premium rates"include provisions for operating costs and allowances. ADDITION: An extension or increase in floor area or height of a building or structure. ADOPTED STANDARDS: Any design or construction criteria and specifications adopted in writing by the City of Riverside, Missouri or its designees. AGRICULTURAL CROP MANAGEMENT PRACTICES. All land farming operations, including plowing or tilling of land, for the purpose of crop production or the harvesting of crops. AGRICULTURAL PROCESSING: The initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain mills. AGRICULTURAL SALES AND SERVICE: A use primarily engaged in the sale or rental of farm tools and implements (excluding large implements such a tractors and combines), feed and grain, tack, animal care products and farm supplies. AGRICULTURE, GENERAL: The use of land for the production of crops or animal husbandry. AIRCRAFT.- Any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air. AIRPORT: Any premises which are used or intended for use for the landing and takeoff of aircraft; and any subordinate areas which are used or intended for use for airport buildings or other airport structures or right-of-way, together with all airport buildings and structures located thereon. ALLEY: A public or private right-of-way primarily designed to afford secondary access to abutting property. ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. ANIMAL CARE, GENERAL: A facility providing animal care, boarding or veterinary services for household pets, with outdoor animal runs. ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals. ANTENNA: Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves. ANTENNA HEIGHT.• The overall vertical length of the antenna support structure and the antenna. ANTENNA SUPPORT STRUCTURE: Any structure,mast-,pole,-tripod=or-tower-utilized=for=the= zoning or development application. AREA OF SHALLOW FLOODING: A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent(1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. ARTERIAL STREET: A road intended to move through traffic to and from such major attractions as central business districts,regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the City and/or as a route for traffic between communities or large areas. ATTACHED ACCESSORY STRUCTURE: A subordinate structure which has at least twenty-five percent (25%) of any of its walls common with the walls of the principal structure or is built as an integral part of the principal building. ATTENTION-ATTRACTING DEVICE: Banners, pennants, streamers, wind-operated mechanisms, balloons, revolving beams or beacon of light, flashing lights and any other type of fluttering or flashing object designed or intended to attract the attention of the public. AUTOMATIC FIRE EXTINGUISHING SYSTEM. An approved system of devices and equipment which automatically detects and discharges an approved fire-extinguishing agent onto or in the area of a fire. AWNING: Any structure entirely supported by the wall or canopy to which it is attached and which is covered by canvas, cloth or other similar temporary material and/or which can be retracted or rolled to the structure by which it is supported. BANNER: A sign having the character, letters, illustrations, ornamentations, symbol, color or visual representation applied to cloth, paper, vinyl, fabric, plastic or like kind of malleable material with or without frame.National, State or municipal flags or the official flag of any institution or business shall not be considered banners. BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. BASEMENT: The portion of the building that is partly underground which has more than one-half(%) of its interior height, measured from floor to finished ceiling, below the average finishing grade of the ground adjoining the building. BILLBOARD: Any sign which has a sign face that is one hundred (100) square feet or larger and intended or used to direct attention to a product, business, commodity, service, entertainment organization, event or attraction which is conducted, sold, offered or existing elsewhere than upon the same premises as the sign. BLOCK: A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines or waterways or boundary lines of municipalities. BOARDER: Any person who in exchange for valuable consideration receives the use of a sleeping room, with or without meals. BOND: Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Board of Aldermen. BREEZEWAY.- A pedestrian connection between two (2) buildings, having a permanent roof and floor and having no side walls, except that screen wire or lattice, having at least fifty percent (50%) open area, may be attached in the form of side walls. BUFFER ZONE OR BUFFER AREA: Open and unobstructed ground area around the perimeter 144 of a tract, landscaped or planted so as to provide an attractive green space, having a grade not exceeding two to one (2:1) and a width of not less than-fifteen(15)feet. BUILDING: Any structure built for the support,-shelter-or enclosure of persons, animals, chattels or movable property of any kind. When divided by other than common or contiguous walls, each portion or section of such building shall be regarded as a separate building, except that two (2)buildings connected by a breezeway having a continuous roof shall be deemed as one (1)building. BUILDING HEIGHT: The vertical distance measured from the highest of the following three (3) levels: . 1. The street curb level; 2. The established or mean street grade in case the curb has not been constructed; 3. The average finished ground level adjoining the building where it sets back from the street line;to the highest point on the building roof for flat roofs and to the mean height between eaves and ridge for gable,hip and gambrel roofs of such building. BUSINESS OR COMMERCE: An occupation, employment or enterprise which occupies time, attention, labor and materials or where merchandise is exhibited or sold or services are offered. CAMPGROUNDS: An area of land designed to accommodate recreational vehicles, campers or tents for recreational and temporary living purposes. CANOPY.- Any structure, other than an awning, attached to a building at the inner end and projected outward. The portion of the structure projected outward shall be either supported or cantilevered. CANOPYSIGN. A sign attached to or illustrated on a canopy. CAPITAL IMPROVEMENTS PROGRAM.- A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditures of public funds, over and above the annual City operating expenses, for the purchase, construction or replacement of the physical assets for the community are included. CELLAR: The portion of a building that is partly underground which has more than one-half (1/2) of its interior height measured from floor to finished ceiling, below the average finished grade of the ground adjoining the building. CHANGE OF USE: Any different way of using the land or improvements.' CHANNEL: A natural or artificial watercourse of perceptible extent with a definite bed and banks to confine and conduct continuously or periodically flowing water. CHANNEL FLOW: That water which is flowing within the limits of a defined channel. CHILD CARE CENTER: A building where more than four(4) children are cared for, for compensation, when the children's parents or guardians are employed or otherwise occupied elsewhere. CITY: The City of Riverside, Missouri. CITYATTORNEY.• The City Attorney or such licensed attorney designated by the Board of Aldermen to furnish legal assistance for the administration of this Chapter. CITYENGINEER: The City Engineer or other such personas shall be appointed by the Board of Aldermen to administer these regulations. - -= -=-_ -- - -- ,- -__ ---�-- --_--_ - __ -__--- --_ - CLEARING: Any activity which removes the vegetative ground cover including,but not limited to, root removal or topsoil removal. - - - — ---- COLLECTOR STREET: A street intended to move traffic from-m rior-streets to the major- system ajor system of arterial streets and highways. A collector street generally serves a neighborhood or = - --- 145 large subdivision. COMMERCIAL MESSAGE: Any message on a sign that displays words or images advertising products, services or events related to a business for profit, including the name of the business. COMPREHENSIVE MASTER PLAN. A comprehensive plan for development of the City prepared and adopted by the Planning and Zoning Commission pursuant to Chapter 89, RSMo., and includes any part of such plan or parts thereof. CONDOMINIUM- Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. CONSTRUCTION PLAN: The maps or drawings accompanying a development application and showing the specific location and design of improvements to be installed in conjunction with the development. CONTIGUOUS: Land that touches other land with no intervening public street, alley, sidewalk or other property owned and maintained by the public. CONVALESCENT HOME: A building where regular nursing care is provided for more than one (1)person not a member of the family which resides on the premises. CORNER LOT: A lot situated at the intersection of two (2) or more streets. CORPS: The United States Army Corps of Engineers. COURT: An open space bounded on three (3) or more sides by exterior buildings, walls or by exterior walls of a building and lot line upon which walls or fences are allowable. An outer court extends to a street or yard and an inner court does not. CUL-DE-SAC: A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. CULTURAL SERVICE: A facility or organization providing cultural and educational services to the public. CURB LEVEL: The level of the top of a curb in front of a building or structure measured at the center of said front. Where no curb level has been established, it shall be deemed to be the established level of the centerline of the street surface in front of a building or structure measured at the centerline of such front. CURB LINE: The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. DAY CARE, COMMERCIAL: An establishment providing daily care or supervision of individuals, for compensation, which is conducted in a structure other than a private residence. DAY CARE, LIMITED: An establishment conducted in a private residence which provides daily care or supervision, for compensation, for no more than ten (10) individuals at any one time, excluding those persons related to and residing in the home of the day care provider. DECIBEL (db): A unit of measurement of the intensity(loudness) of sound. As used in this Chapter, decimal level shall be measured on the "A Scale" and referred to as "db (A)". DEVELOPMENT: Any manmade change to improved or unimproved land including, but not limited to, construction or alternations of buildings or structures, levee, levee systems, mining, dredging, filling, grading,paving, excavation or drilling operations or storage of equipment or materials. DIRECTIONAL SIGN: A sign displaying only directional information intended to help guide people through a site. DIRECTOR OF COMMUNITY DEVELOPMENT The person charged with the administration 146 and enforcement of this Chapter. 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. DRIVE: A right-of-way which affords a means of vehicular access to or through an area in which it is owned and maintained by the owner of the property it serves. DRIVE-INRESTAURANT.• Any restaurant where the food is normally ordered from and consumed in a vehicle parked on the premises. Also considered a drive-in establishment is: 1. An establishment that in addition to allowing the consumption of food or beverages outside the premise, also allows the consumption of food within a completely enclosed structure; and 2. Food vending establishment where the food is not normally consumed within a building or where facilities are provided for eating outside of a building. DRIVE-THROUGH ESTABLISHMENT: Any restaurant, financial institution or product vending enterprise where business is transacted, through a window or other mechanical device, with a patron who is in a vehicle. DWELLING: A building or portion thereof intended for occupancy for residential purposes which is permanently affixed to a foundation embedded in the soil, but not to include hotels, motels,house trailers or mobile homes. DWELLING, MULTIPLE-FAMILY: A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families living independently of each other. DWELLING, SINGLE-FAMILY: A detached building arranged, intended or designed for occupancy by one (1) family. DWELLING, TWO-FAMILY: A building arranged, intended or designed for occupancy by two (2) families. DWELLING UNIT: One (1) or more rooms constituting all or part of a dwelling which are arranged, designed, used or intended for use exclusively as a single housekeeping unit for one (1) family and which includes cooking, living, sanitation and sleeping facilities. EARTH MATERIALS: Any rock, natural soil or combination thereof. EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his/her property. ELEVATED BUILDING: For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers,pilings or columns. ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY: A community for which the Federal Insurance Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP). ENGINEER: A civil engineer that is registered as a professional engineer with the Missouri Board of Architects, Professional Engineers and Land Surveyors. ERECT: To build, construct, attach, hang, place or suspend a structure. EROSION: The wearing away of land by the action of wind, water, gravity or a combination thereof. EROSIONAND SEDIMENT CONTROL PLAN: A set-of measures-designed to-control--runoff— and erosion and to retain sediment on a particular site during pre-construction, construction and after all permanent improvements have been erected or installed._ EROSIONAND SEDIMENT CONTROL SPECIFICATIONS: - The erosion and sediment control design criteria and specifications adopted in writing by the City of Riverside, Missouri. 147 ESCROW: A deposit of cash with the City in lieu of an amount required and still in force on a performance or maintenance bond. ESTABLISHED SETBACK: The average setback on each street on which a lot fronts, within the same district and within three hundred (300) feet on each side of such lot along the same side of the street, but not beyond any intersecting street, established by three (3) or more buildings. EXCAVATION OR EARTH REMOVAL: Any act by which earth, sand, gravel,rock or any other similar material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. EXISTING CONSTRUCTION(FOR THE PURPOSES OF DETERMINING RATES): Structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction"may also be referred to as "existing structures". EXTERIOR PROPERTY- The open space on the premises and on the adjoining property under the control of owners or operators of such premises. EXTERMINATION: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other acceptable pest elimination methods. FAA: The Federal Aviation Administration. FAMILY- One (1) or more persons who are related by blood, marriage or adoption, living together and occupying a single housekeeping unit or a group of not more than two (2)persons (excluding servants) who need not be related by blood or marriage, living together and subsisting in common as a separate non-profit housekeeping unit. FCC: The Federal Communications Commission. FENCE: An unroofed barrier or unroofed enclosing structure, including retaining walls and entrance and exit gates. FILL: Any act by which earth, sand, gravel, rock or any other similar material is deposited, placed,pushed,pulled or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom. FINAL PLAT: The final map or drawing of a subdivision which is presented to the Planning and Zoning Commission for recommendation and which, if approved by the Board of Aldermen, shall be submitted to the County Recorder of Deeds for filing. FLAG: A piece of cloth or other flexible material varying in size, shape, color and design, usually attached at one (1) edge to a staff or cord and generally used as the symbol of a nation, State or City or may also be imprinted with an advertising message or design. FLAG LOT: A lot having only a small portion of its front lot line abutting a street because an adjoining piece of property is situated between the lot and the street, thus causing the lot to resemble the shape of a flag. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION DETERMINATION.- A determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent(1%) or greater chance of occurrence in any given year. FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards. FLOOD FRINGE: The area outside the floodway encroachment lines, but still subject to 148 inundation by the regulatory flood. FLOOD HAZARD BOUNDARYMAP (FHBM): An official map of a community, issued by the Federal Insurance Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones. FLOOD INSURANCE RATE MAP (FIRM): An official map of a community on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY.- The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood. FLOODPLAIN.- The channel of a river or stream or lake or other body of water and the land adjacent thereto, regardless of physical obstructions, which is subject to inundation in the event of a regulatory flood. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of Police power. The term describes such State or local regulations or any combination thereof that provide standards for the purpose of flood damage prevention and reduction. FLOODPROOFING: Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities or structures and their contents. FLOODWAY OR REGULATORYFLOODWAY.• The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. FLOOD WA Y ENCROACHMENT LINES: The lines marking the limits of floodways on Federal, State and local floodplain maps. FLOOR AREA RATIO: The ratio of the floor area to the lot area is determined by dividing the floor area by the lot area. FLOOR AREA, TOTAL: The sum of the gross horizontal areas of the several stories of the building measured from the exterior faces of the exterior walls or from the centerline of the party walls. Included shall be any basement floor, interior balconies and mezzanines, elevator shafts, stairwells, enclosed porches and basement area,provided however, in residential construction the basement areas shall not be computed unless the same is to be living space. The floor area of accessory uses and of accessory building, except residential garages, on the same lot shall be included. FOOT-CANDLE: A standard unit when measuring the quantity of light; one (1) foot-candle shall equal the total intensity of light that falls upon a surface that is one (1) square foot in area and is one (1) foot away from a point source of light with the intensity of one (1) candela or one (1) candle. - FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate-for the-many-unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings and.the hydrological effect 149 of urbanization of the watershed. FREEWAY PRIMARY HIGHWAY.• That part of a primary highway system which has been constructed as divided, dual lane fully controlled access facilities with no access to the throughways except established interchanges. FRONTAGE: The length of the lot along the abutting street. The front of a lot abutting more than one (1) street is considered separate for each street. GARAGE, COMMERCIAL: Any building or premises, used for the storage, care or repair of motor vehicles, which is operated for commercial purposes. GARAGE, PRIVATE: Any accessory building or portion of the main building used for storage of automobiles. GOVERNING AUTHORITY.- The governing authority of the City. GRADE: The slope of land specified in percentage terms. GRADING: Excavation, fill or site disturbance or any combination thereof and shall include the conditions resulting from any excavation, fill or site disturbance. GROSS BUILDING SIZE: The total square feet of the inside of the entire building. GROUND FLOOR AREA: The lot area covered by a building measured from the exterior faces of exterior walls, but excluding open terraces or open porches and garages. - GROUP HOME, LIMITED: A facility providing twenty-four(24) hour care in a protected living environment for no more than seven (7) persons with physical or mental disabilities and up to two (2) house parents or caregivers. HAZARDOUS OPERA TION: 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. HEIGHT: When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna. HEIGHT OF STRUCTURE OTHER THANA BUILDING: The vertical distance from the average ground level at the base of the structure to the highest part thereof. HIGHDENSITY.• Development in which the density is equal to or greater than one (1) dwelling unit per fifteen thousand (15,000) square feet. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a State Inventory of Historic Places in States with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved State program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in-States without approved programs. HOTEL: A building or portion thereof or a group of buildings used as a transient abiding place which may or may not serve meals regardless of whether such establishments are designated as a 150 hotel, inn, automobile court, motel, motor inn, motor lodge,-motor court, tourist cabin,tourist court or other similar designation. ILLUMINATED SIGN: A sign in which a source of artificial light is used in order to make the message readable. This definition shall include internally and externally lighted signs. 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. INTERIOR LOT: A lot whose side lines do not abut a street. INTERSTATE SYSTEM- That portion of the national system of interstate highways located within the boundaries of Missouri as officially designated or may hereafter be designated by the State Highways and Transportation Commission with the approval of the Secretary of Transportation pursuant to Title 23, United States Code, as amended. KCAPWA: The Kansas City Chapter of the American Public Works Association KENNEL: Any place in which there are kept a combined total of more than five (5) cats and/or dogs over twelve (12) weeks of age. L-385 LEVEE PROJECT: The levee project consisting of the Riverside Levee and the Quindaro Bend Levee in the City constructed pursuant to the Project Cooperation Agreement between the levee district and the Corps. LAND DISTURBANCE: Any activity that changes the physical conditions of landform, vegetation and hydrology. Such activities include,but are not limited to, clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging and storing of materials. LEVEE CRITICAL AREA: The critical area is generally considered the area from three hundred (300) feet riverward to five hundred (500) feet landward of a flood control project centerline. In some instances the critical area is extended beyond five hundred (500) feet if any impact on the flood control project can be considered. LEVEE DISTRICT.- The Riverside-Quindaro Bend Levee District of Platte County, Missouri. LIMITED ACCESS HIGHWAY: A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway. LOCAL STREET: A street intended to provide access to other roads from individual properties and to provide for local traffic movement within small areas. LOT: A tract, plot or parcel of land. LOT AREA: The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines. LOTDEPTH: The mean horizontal distance from the front lot line to the rear lot line. LOT IMPROVEMENT: Any building, constructing, planting, grading or other development of a lot constituting a physical betterment of real property or any part of such betterment. LOT LINE: A property boundary line of any lot. LOT LINE, FRONT: Where the road or street right-of-way meets the abutting property. LOT LINE, REAR: That boundary of a lot which is opposite-and most distant from and is =- approximately parallel to the front lot line. If the rear lot line is less thanten(10) feet in length or if the lot forms a point at the rear,the rear lot line-shall be deemed to be a line sixteen(16) feet in length within the lot, parallel to and at the maximum distance from the-front lot line:_ LOT LINE, SIDE: Any lot boundary line not a front or-rear-lot-line: A side-line maybe a party- 151 arty151 lot line, a line bordering on an alley or a side street line. LOT SPLIT: The division of an established and legally approved or recorded subdivision lot into five (5) or few lots for the purpose of a zero lot line development. LOT WIDTH: The horizontal distance between side lot lines, measured at the front building line. LOWEST FLOOR: The lowest floor of the lowest enclosed area(including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter. MAJOR STREET: A street providing through traffic movement between areas and across the City and direct access to abutting property, subject to necessary control of entrances, exits and curb use. Major streets are generally considered arterial streets. MARKET VALUE OR FAIR MARKET VALUE: An estimate of what is fair, economic,just and equitable value under normal local market conditions. MASSAGE THERAPY.- A health care profession which involves the treatment of the body's tonus system through the scientific or skillful touching, rubbing,pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law, or to those occupations defined in Chapter 329, RSMo. MASSAGE SHOPS: Anyplace of business in which massage therapy is practiced. MEAN SEA LEVEL: For purposes of the National Flood Insurance Program (NFIP),the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced. MEDIUMDENSITY: Those residential zoning districts in which the density is between fifteen thousand(15,000) and forty thousand (40,000) square feet per dwelling unit. MID AMERICA REGIONAL COUNCIL (MARC): The planning agency established for the Metropolitan Kansas City region to carry on comprehensive planning. MISSOURI CLEAN WATER BOARD: The official State agency delegated with the control of water pollution. MISSOURI CLEAN WATER COMMISSION: The official State agency delegated with responsibility for the control of water pollution. MISSOURI STATE BOARD OF HEALTH.- The agency of the Department of Health and Welfare, including the Division of Health as designated by the State of Missouri. MODEL HOME: A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. MODULAR UNIT: A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes. MONUMENT SIGN: A sign made of brick, masonry, stone or wood and the bottom of which is attached directly and permanently to the ground and physically separated from any other 152 structure. -- - -- -- - -- - MOORING: Any appliance used to secure a vessel other than to a dock, which is not carried aboard such vessel as regular equipment when underway. MOTEL: See "HOTEL". MOTOR VEHICLE: Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys or other public ways. MUNICIPALITY- Any City, Township, Village or County established pursuant to the Revised Statutes of Missouri. NEIGHBORHOOD PARKAND RECREATION IMPROVEMENT FUND: A special fund established by the Board of Aldermen to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these regulations within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of said subdivision. NEW CONSTRUCTION: For the purposes of determining insurance rates, structuresfor which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction"means structures for which the"start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NFIP: The National Flood Insurance Program (NFIP). NON-COMMERCIAL MESSAGE: Any message on a sign that is not a commercial message. NON-CONFORMING USE, SIGN, YARD OR BUILDING: A use, sign, yard or building that does not comply with the regulations of this Chapter. NON-RESIDENTIAL SUBDIVISION: A subdivision whose intended use is other than residential, such as commercial or industrial. NUDE MODELING STUDIO: A fixed place of business where there is carried on the occupation of maintaining, operating and offering services for any compensation whatsoever of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography,painting, sketching, drawing or otherwise; to be included within this definition is the occupation or practice for any compensation whatsoever of offering one's body wholly or partially in the nude for the purpose of having designs of whatever nature applied thereto by whatever process or technique with any kind of substance whether it be transparent or non-transparent. NUISANCE: Any act or situation as described in Chapter 215 of the City Municipal Code. NURSERY.- Any land used to raise trees, shrubs, flowers and other plants for sale or for transporting. NURSING HOME: An establishment or agency licensed by the State for the board and care or treatment of three (3) or more unrelated individuals. OBSCENE: Any material or performance is obscene if, taken as a whole: 1. Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and 2. The average person, applying contemporary community standards-,would find the- material depicts or describes sexual conduct in a patently offensive way; and 3. A reasonable person would find the material_lacks.serious-literary, artistic, political-or- -- - _-- ---- scientific value. - - - -- - OBSCENE MATTER: Words, terms, phrases, graphics, pictures, illustrations or other copy - - - 153 which emphasizes matter in a prurient manner depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein. For purposes of this definition, "specified anatomical areas"means: 1. Less than completely and opaquely covered: a. Human genitals,pubic region; b. Buttocks; c. Female breast below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. For purposes of this definition, "specified sexual activities"means: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; or 3. Fondling or other erotic touching of human genitals,pubic regions, buttocks or female breasts. OCCUPANCY.- The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT: Any individual, business or organization having possession of a space within a building. OFF-PREMISE SIGN: Any sign intended,or used to direct attention to a product, business, commodity, service, entertainment, organization, event or attraction which is conducted, sold, offered or existing elsewhere than upon the same premises as the sign. OFF-STREET PARKING SPACE.• An open, otherwise unoccupied, hard-surfaced space used for temporarily parking motor vehicles exclusively and which is located outside the street right-of-way. OFFICIAL MASTER PLAN: See "COMPREHENSIVE MASTER PLAN". ON-PREMISE SIGN: Any sign intended or used to direct attention to a product, business, commodity, service, entertainment, organization, event or attraction which is conducted, sold, offered or existing on the same premises as the sign. OPENSPACE: That space remaining on a lot which is not occupied by buildings, structures, parking areas or driveways and which is generally landscaped with shrubs or planted with grass or used for outdoor recreational purposes. OUTDOOR RECREATIONAND 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. OWNER: Any person, group of persons, firm or firms, corporation or corporations or any other legal entity having legal title to or sufficient proprietary interest in a piece of property. PARKING AREA: An open, otherwise unoccupied, hard-surfaced space used for temporarily parking motor vehicles exclusively. PARKING AREA, PRIVATE: An open, otherwise unoccupied, hard-surfaced space, other than a street or public way, used for temporarily parking motor vehicles and is designed exclusively for to the occupants of the building or buildings for which the parking area is developed. PARKING AREA, PUBLIC: An open, otherwise unoccupied, hard-surfaced area, other than a street or other public way, used for temporarily parking motor vehicles and is available for the public's use. PARKING LOT, COMMERCIAL: An open, otherwise unoccupied, hard-surfaced area used exclusively for temporarily parking motor vehicles at a cost to the vehicle owner. 154 PARKING SPACE: A space within a public or private parking area for the-temporary parking of one (1) motor vehicle and which provides satisfactory ingress and egress for motor vehicles. PARTICIPATING COMMUNITY.- A community in which the Federal Insurance Administrator has authorized the sale of flood insurance. Also see "ELIGIBLE COMMUNITY". PENNANT: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. PERSON: Any individual, firm, agency,partnership, corporation, association, organization or other entity acting as a unit, including governmental entities. PLANNING AND ZONING COMMISSION: The duly appointed board having duties and jurisdiction in the City of Riverside as set out in Missouri Statutes and local ordinances. PLANTER BOX: A box designed or used exclusively for the growing and display of plants and which is constructed of wood, brick or masonry. PLOT: A tract of land. POLE SIGN: A sign wholly supported by a structure in the ground that is independent of any building for support and which creates an area of clearance between the ground and the sign. POLITICAL SIGNS: Any sign of any kind promoting, supporting or opposing any candidate, office, issue or proposition to be voted upon at any public election. PORTABLE SIGN: A sign that is temporarily affixed to a location and which has the capability. of being moved from one location to another and is not a part of a self-propelled vehicle. PRELIMINARY PLAT: The preliminary drawing or drawings indicating the proposed manner or layout of a subdivision. PRINCIPAL STRUCTURE: The main building or structures as distinguished from a subordinate or accessory structure. PRINCIPAL USE: The main use of land or building as distinguished from a subordinate or accessory use. PRINCIPALLYABOVE GROUND: At least fifty-one percent(51%) of the actual cash value of the structure, less land value, is above ground. PROJECTING SIGN: A sign which is attached to and projects perpendicularly from a building. PROPERTYLINES: The dividing line between the street and the lot or the line separating adjacent properties. PUBLIC BUILDING: Any building held, used or controlled exclusively for public purposes by any department or branch of government, State, County or municipal, without reference to the ownership of the building or of the realty upon which it is situated. PUBLIC IMPROVEMENT: Any drainage ditch, roadway, parkway, sidewalk,pedestrian way, tree, lawn, off-street parking areas, lot improvement or other facility for which the City may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which City responsibility is established. REAL ESTATE SIGN: A temporary sign pertaining only to the prospective rental, lease or sale of the property on which it is located. RECREATIONAL VEHICLE: A vehicle which is: 1. Built on a single chassis; -- - --- - -- - - - 2. Four hundred (400) square feet or less when measured at the largest horizontal projections; - - - - - --- - - - - 3. Designed to be self-propelled or permanently towable by alight duty truck; and - 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters 155 for recreational, camping, travel or seasonal use. REGISTERED ENGINEER: An engineer properly licensed and registered in the State of Missouri. REGISTERED LAND SURVEYOR: Aland surveyor properly licensed and registered in the State of Missouri. RESIDENCE: One (1) or more rooms constituting all or part of a dwelling in which are arranged, designed, used or intended for use exclusively as a single housekeeping unit for one (1) family and which includes cooking, living, sanitation and sleeping facilities. RESIDENTIAL DISTRICT: Any lot,plot or tract of land zoned "R-1" Single-Family Residential District, "R-2" Two-Family Residential District or "R-3" Multiple-Family Residential District. RIGHT-OF-WAY.- A strip of land occupied or intended to be occupied by a street, crosswalk, sidewalk, water main, sewer main, drainage course, railroad, electrical transmission line, oil or gas pipeline or any other special use. RISK PREMIUM RATES: Those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates"include provisions for operating costs and allowances. ROAD, DEAD-END: A road or a portion of a street with only one (1) vehicular-traffic outlet. ROAD RIGHT-OF-WAY WIDTH: The distance between property lines measured at right angles to the center of the street. ROOFSIGN.- A sign erected upon or above a roof, mansard roof or parapet wall of a building and which is wholly and partially supported by said building. RUBBISH.- Combustible and non-combustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials,paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. SAME OWNERSHIP: Ownership by the same person, corporation, form, entity,partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner or associate or a member of his/her family owns an interest in each corporation, firm,partnership, entity or unincorporated association. SCREENING: Either an opaque wall, fence or barrier, open space, rows of trees, shrubs or other landscaping or a combination thereof which is intended to shield the view of a particular item or property. SEDIMENT: Any solid material, mineral or organic that has been deposited in water, is in suspension in water, is being transported or has been removed from its site of origin by wind, water or gravity as a result of soil erosion. SER VICE STATION, TRUCK STOP: A use primarily engaged in the sale of diesel fuel, gasoline or other fuels to tractor trucks or semi-trailers, along with accessory activities such as the sale of lubricants, accessories or supplies and the servicing of tractor trucks or semi-trailers. A truck stop may include, as an accessory use, the parking and storage of track trucks or semi-trailers. SETBACK: The required minimum horizontal distance between the lot line and the nearest portion of the building or structure on the lot. SHOPPING CENTER: Any area containing three (3) or more shops, stores and other places of 156 business, each with an independent entrance and separated by a demising wall and providing common off-street parking facilities for all of the businesses and their customers. SIGN Any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for identification, announcement or advertising purposes. SIGN FACE: That portion of the sign upon or against which is displayed any graphic, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention. SIGN STR UCTURE: Any structure which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of the building. SITE: Any single or contiguous lots, tracts or parcels of land on which development has occurred or is intended. SITE PLAN: A plan, drawn to scale, showing the layout of the property, lot lines, easements, rights-of-way, existing conditions and proposed buildings and improvements. SKETCH PLAN: A plan, drawn to scale, showing the conceptual layout of a development. The sketch plan is designed to assist the applicant in preparing a development plan. SKETCH PLAT: A plat, drawn to scale, showing the conceptual layout of a subdivision. The sketch plat is designed to assist the applicant in preparing a preliminary or final plat. SOIL: The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants. SOIL STORAGE: Any human activity depositing soil or other earth materials for later use or disposal. SPECIAL FLOOD HAZARD AREA: See "AREA OF SPECIAL FLOOD HAZARD". SPECIAL HAZARD AREA: An area having special flood hazards and shown on a FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE. STABLE: A structure designed for the housing of livestock, such as horses, cows and pigs. START OF CONSTRUCTION: Includes substantial improvement and means the date the building permit was issued,provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty(18 0) days of the permit date. The "actual start"means either the first(1 st)placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings,piers or foundations or the erection of temporary forms; the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or part of the main structure. For a substantial improvement, the actual "start of construction"means the first (1 st) alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STATE COORDINATING AGENCY. That agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Federal Insurance Administrator to assist in the implementation ofthe-National FloodInsuranceProgram- (NFIP) in that State. STORY.• That portion of a building included between the surface-of any floor and the-floor or - - -the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story. -- - - 157 STORY, HALF: A top story attic is a half story, when the main line of the eaves is not above the middle of the interior height of such story. The first(1st) story is a half story when between fifty percent(50%) and seventy-five percent (75%) of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air. STREET: A right-of-way which affords primary means of access to an abutting property. STREET LINE: The dividing line between the street and the abutting property. STREET, PRIVATE: A street used for internal vehicular circulation within a development, which has been identified as such on the development plan or preliminary plat and is located within the access easement recorded on the plat. STREET RIGHT-OF-WA Y.- The area dedicated or used for public use. STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any structural change in the roof, but not including extension or enlargement. STRUCTURE: Anything erected, the use of which requires a permanent location on the ground or attached to something having permanent location on the ground including, but not limited to, houses, buildings, stables, fences, gazebos, sheds, cabins, signs, swimming pools and other similar uses. "Structure". for floodplain management purposes, means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground. "Structure", for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. SUBDIVIDER: A person, firm, corporation, partnership or association which causes land to be divided into a subdivision. SUBDIVISION: The division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent(50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent(50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include: 1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the City and which are the minimum necessary to assure safe living conditions. 2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". TENANT: A person, corporation,partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TIMBERING: The act of cutting and removing trees without disturbing the root or adjacent vegetation. 158 TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. TRANSITIONAL LIVING CENTER: State licensed group-care homes for juvenile delinquents, half-way houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement and residential rehabilitation treatment centers which also may provide outpatient rehabilitation for alcohol and other drug abuse. TRAVEL TRAILER OR RECREATION VEHICLE: A portable vehicular unit mounted on wheels designed to provide temporary living space for recreational, camping or travel use and of such size or weight as not to require a special highway movement permit when drawn by a motorized vehicle. Such units commonly described as travel trailers, campers, motor homes, converted buses or other similar units, whether they are self-propelled or can be pulled,would be considered examples of travel trailers. UNIFIED DEVELOPMENT ORDINANCE: The duly approved, enacted and amended ordinance which controls and regulates zoning, subdivision and development of land in the City. USE: The purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained. USEABLE OPEN SPACE: Land which is: 1. Devoted to outdoor recreational space, greenery and service space for household activities (such as clothes drying) which are normally carried on outdoors. 2. Not devoted to private roadways, open to vehicular transportation, accessory off-street parking spaces or accessory off-street loading berths. 3. Unobstructed except as permitted within this Chapter. 4. Accessible and available to all occupants of dwelling units for whose use the space is required. UTILITARIAN AREA: Those areas of a site designed for secondary, but necessary functions including, but not limited to, truck loading and unloading, trash disposal and heating and cooling units. UTILITY, MAJOR: Generating plants; electrical switching facilities and primary substations; water and wastewater 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. VARIANCE: Relief from a provision of this Chapter which would allow an otherwise prohibited situation because the strict application of the provision would result in unnecessary hardship. Flood insurance requirements remain in place of any varied use or structure and cannot be varied by the community. VEGETATIVE COVER: Any grasses, shrubs, trees and other vegetation which hold and stabilize soils. VEHICLE/EQUIPMENT SALES: A use engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment; along with incidental service or maintenance 159 activities. VEHICLE/EQUIPMENT STORAGE YARD: An outdoor area used or intended to be used for long-term storage of vehicles and equipment. VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WALL SIGN: A sign which is in any manner affixed to a wall of a building or structure, with the face parallel to the wall and extending not more than one (1) foot from the building or structure wall and which does not extend above the parapet, eaves or facade of the building on which it is located. WAREHOUSING AND WHOLESALE: A use primarily engaged in the storage or sale of materials, equipment or products to wholesalers or retailers. WATER BODIES: Surface waters including rivers, streams, lakes and wetlands. WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain. WATERWAY: Any waters, lake, river, tributary, canal, lagoon or connecting waters within the boundaries of the City. WETLANDS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This does not include surface waters intentionally constructed from sites that are not wetlands, drainage ditches, grass-lined swales and landscape amenities. YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard,the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. YARD, FRONT.- A yard across the full width of the lot extending from the front line of the main building to the front lot line. YARD, REAR: A yard between the rear lot line and the rear line of the main building and the side lot lines. YARD, SIDE: A yard between the main building and the adjacent side line of the lot and extending entirely from a front yard to the rear yard thereof. ZERO LOT LINE DEVELOPMENT: The location of a building on a lot in such a manner that one (1) or more of the building's sides is directly on the lot line. (R.O. 2011 §400.1090; Ord. No. 2006-170 §1, 12-19-06; Ord. No. 2007-47 §29, 5-15-07) ARTICLE XV. FEES SECTION 400.1100: GENERAL PROVISIONS - A. All fees shall be paid when submitting the application and such fees shall be non-refundable unless some other provision of this Chapter expressly provides for their refundability: B. A penalty shall be assessed to all permit fees when work proceeded without a permit. This penalty shall be twenty percent (20%) of the initial permit fee for permits issued in residential 160 zoning districts and shall be fifty percent (50%) of the initial permit fee for permits issued in all other zoning districts. (R.O. 2011 §400.1100; Ord. No. 2006-170 §1, 12-19-06) SECTION 400.1110: SCHEDULE OF FEES A. Table 1: Development Application Fee Schedule. TYPE OF APPLICATION FEE Ordinance text amendment $250.00 Rezoning $250.00 Special use permit $500.00 Platting applications Minor subdivision $250.00 Preliminary plat $500.00 Final plat $250.00 Lot split $100.00 Development plan applications Minor development plan $100.00 Preliminary development plan $500.00 Final development plan $250.00 Land disturbance permit $250.00 Vacation $100.00 Variance(BZA) $500.00 Appeals(BZA) $500.00 Sign and billboard permits Sign permit $100.00 Billboard permit $500.00 Temporary sign permit $50.00 Fence ermit $50.00 Building permit Based upon valuation of work, see Table 2 and Table 3 Demolition permit 1$250.00 Right-of-way ermit 1$20.00 Right-of-way inspection 1$40.00 B. Table 2: Building Permit Fee Schedule. TOTAL VALUATIONPERMIT FEE $1.00 to$2,000.00 $35.00 $2,001.00 to$5,000.00 $125.00 $5,001.00 to$10,000.00 $250.00 $10,001.00 to$20,000.00 $500.00 $20,001.00 to$50,000.00 $750.00 $50,001.00 and up $750.00 plus$3.00 for each additional $1,000.00 or fraction thereof C. Table 3: Building Valuation Table. JOCCUPANCY AND TYPE/COST PER SQ. FT. PCCUPANCY AND TYPE/COST PER SQ. FT. AVERAGE VE-RAGE 161 1. APARTMENT HOUSES: AUDITORIUMS: Type I or II F.R. $88.70 Type I or II F.R. $104.80 (Good) $109.20 Type II--1 Hour $75.90 Type V--Masonry Type II--N $71.80 (or Type III) $72.40 Type III--1 Hour $79.80 (Good) $ 88.70 Type III--N $75.70 Type V--Wood Frame $63.80 Type V--1 Hour $76.30 (Good) $ 82.00 Type V--N $71.20 Type I--Basement Garage $37.40 3. BANKS: CHURCHES: Type I or II F.R,, .$148.10 Type I or II F. R. $99.20 Type II--1 Hour $109.10 Type II--1 Hour $74.50 Type II--N $105.60 Type II--N $70.80 Type III--1 Hour $120.40 Type III--1 Hour $81.00 Type III--N $116.10 Type III--N $77.40 Type V--1 Hour $109.10 Type V--1 Hour $75.70 Type V--N $104.50 Type V--N $71.20 5. DWELLINGS: HOMES FOR THE ELDERLY: Type V--Masonry $75.70 Type I or II F.R. $103.70 (Good) $96.90 Type II--1 Hour $84.20 Type V--Wood Frame $67.30 Type II--N $80.60 (Good) $92.40 Type III--1 Hour $87.70 Basements: Type III--N $ 84.10 Semi-Finished $20.10 Type V--1 Hour $ 84.70 (Good) $23.20 Type V--N $ 81.80 Unfinished $14.60 (Good) $17.70 7. HOSPITALS: HOTELS and MOTELS: Type I or II F.R. $163.20 Type I or II F.R. $101.00 Type III--1 Hour $135.10 Type III--1 Hour $ 87.50 Type V--1 Hour $128.90 Type III--N $ 83.40 Type V--1 Hour $76.20 Type V--N $74.70 9. MEDICAL OFFICES: OFFICES: Type I or II F. R. $119.50 Type I or II F.R. $106.80 Type II--1 Hour $92.20 Type II--1 Hour $71.50 Type II--N $ 87.60 Type II--N $68.10 Type III--1 Hour $100.00 Type III--1 Hour $77.20 Type III--N $93.10 Type III--N ' $73.80 Type V--1 Hour $90.20 Type V--1 Hour $72.30 Type V--N $ 87.00 Type V--N $68.10 11. PRIVATE GARAGES: PUBLIC GARAGES: Wood Frame $24.30 Type I or II F.R. $48.90 Masonry $27.40 Type I or II Open Parking $36.70 Open Carports $ 16.60 Type II--N $28.00 Type III--1 Hour $37.00 Type III--N $32.90 Tye V--1 Hour $33.70 13. RESTAURANTS: EDUCATIONAL: Type III--1 Hour $97.40 Type I or-II-F.R. $111.20 Type III--N $94.10 Type II--I Hour $75.90 Type V--1 Hour $ 89.20 Type III--1 Hour $81.20 Type V--N $85.70 Type III--N $78.10 Type V--1 Hour $76.10 Type V--N $72.60 162 15. SERVICE STATIONS: STORES: Type II--N $67.20 Type I or II F.R. $ 82.40 Type III--1 Hour $70.10 Type 11-4 Hour $50.40 Type V--1 Hour $59.70 Type 11--N $49.30 Canopies $28.00 Type III--1 Hour $61.30 Type III--N $57.50 Type V--1 Hour $51.60 Type V--N $47.70 17. THEATERS: INDUSTRIAL FACILITIES: Type I or II F.R. $109.80 Type I or II F.R. $50.00 Type III--1 Hour $80.00 Type II-4 Hour $40.00 Type III--N $76.20 Type II--N $37.00 Type V--1 Hour $75.30 Type III--1 Hour $44.00 Type V--N $71.20 (R.O. 2011 §400.1110; Ord. No. 2006-170 §1, 12-19-06) SECTION 3 — EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by4he Mayor of the City of Riverside this J1�day of , 2019. Mayor Kathleen L. Rose .ATTEST: lRobmKincaid, City Clerk .. . ' i _55i)� y _- 163