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HomeMy WebLinkAbout2006-108 - Repealing Municipal Code Section 410.100.2 and Adding Section 410.115 Regarding Fencesw t,; : x BILL N0.2006-108 ORDINANCE N0.2006-108 AN ORDINANCE REPEALING CHAPTER 410.100.2. OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI, BY AND ADDING SECTION 410.115 "FENCES" AMENDING PROVISIONS REGARDING ACCESSORY USES WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code") sections regarding accessory uses, specifically fences; and WHEREAS, the Riverside Planning & Zoning Commission, at public hearings held on July 13, 2006 and July 27, 2006 considered and discussed amendments to the City Code's Sections regarding fences; and WHEREAS, after such consideration and discussion, the Planning & Zoning Commission recommended that the City's Board of Aldermen adopt the proposed amendments; and WHEREAS, during a public hearing held during its meeting on August 1, 2006 the Board of Aldermen considered and discussed the proposed amendments and the recommendation of the Planning & Zoning Commission; and WHEREAS, the Board of Aldermen has determined it to be in the City's best interests to accept the Planning & Zoning Commission's recommendation and adopt the proposed amendments, WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the amendments to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City. NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Riverside Municipal Code Section 410.100.2.P shall be deleted in its entirety. Section 2. Riverside Municipal Code Section 410.115 "Fences" shall be created and read as follows: SECTION 410.115: FENCES 1. Fences in Residential Districts: A. 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. ,. ., ~ ,. ,~ G~ r ~__ B. 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. 2. Fences in Commercial and Industrial Districts: A. 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. B. 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. Performance Standards A. Fences shall be constructed and maintained so that they do not constitute a blighting influence nor an element leading to the progressive deterioration and downgrade of neighborhood property value. B. Outside storage shall be permitted only after a Special Use Permit has been granted for such storage. Fencing used in connection for outdoor storage shall be a component of such Special Use Permit and shall be a determining factor in the approval of such. C. Barbed wire fences shall only be approved by Barbed Wire Special Use Permit, which shall be charged a fee for advertising and notification costs only per Riverside Development Fee Schedule. Section 4 . The provisions of the Municipal Code of the City of Riverside, Missouri amended herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. Section 5 . The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 6 . This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 7 . This ordinance shall take effect immediately. Passed this ~~ay of , 2006. 't' -~+ ATTES . City Clerk Ma r ~. ..